Guest Release and Waiver of Liability, Promise Not To Sue, Assumption of Risk, and Indemnity Agreement
To provide the most fun and interactive experience possible, we require that each person that purchases a ticket to or enters Candytopia (we refer to each such person simply as “Guest”) agrees to this Guest Release and Waiver of Liability, Promise Not To Sue, Assumption of Risk, and Indemnity Agreement (“Agreement”).
PLEASE READ THIS AGREEMENT CAREFULLY. THIS IS A LEGAL DOCUMENT AFFECTING THE LEGAL RIGHTS OF EACH GUEST THAT PURCHASES A TICKET TO OR ENTERS CANDYTOPIA.
By purchasing a ticket to or entering Candytopia, Guest demonstrates a desire to experience Candytopia, an immersive, interactive pop up art installation experience provided by Candytopia LLC, a California limited liability company (the “Company”). As good and valuable consideration for being permitted by the Company to experience Candytopia, Guest agrees to all of the terms and conditions set forth in this Agreement.
1. ACKNOWLEDGEMENT OF RISKS. Guest is aware and understands that Candytopia is an immersive, interactive pop up art installation experience that inherently involves potential risks and dangers.
2. ASSUMPTION OF RISKS. NOTWITHSTANDING THE RISKS AND DANGERS INHERENT IN EXPERIENCING CANDYTOPIA, GUEST KNOWINGLY AND VOLUNTARILY AGREES TO ASSUME ANY AND ALL RISKS CONNECTED WITH THE CANDYTOPIA EXPERIENCE, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF ANY “RELEASEES” NAMED BELOW OR OTHERS AND ASSUMES FULL RESPONSIBILITY FOR GUEST’S VOLUNTARY PARTICIPATION IN THE CANDYTOPIA EXPERIENCE.
3. LIABILITY WAIVER, RELEASE AND PROMISE NOT TO SUE. GUEST AGREES TO WAIVE, RELEASE AND FOREVER DISCHARGE ANY AND ALL CLAIMS, NOW KNOWN OR HEREINAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST THE COMPANY AND ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, AND THE OWNERS OR LESSEES OF ANY PREMISES USED FOR CANDYTOPIA (COLLECTIVELY, “RELEASEES”) IN CONNECTION WITH OR RELATED TO CANDYTOPIA, WHETHER ARISING OUT OF THE NEGLIGENCE OF ANY RELEASEES OR OTHERWISE. GUEST ALSO PROMISES NOT TO BRING OR ASSERT (OR PERMIT A THIRD PARTY, INCLUDING GUEST’S HEIRS, FAMILY MEMBERS, EXECUTORS OR ADMINISTRATORS, TO BRING OR ASSERT) ANY CLAIM, DEMAND, SUIT OR ACTION WHATSOEVER THAT GUEST MAY NOW OR IN THE FUTURE HAVE AGAINST THE RELEASEES THAT ARISE OUT OF OR ARE CONNECTED WITH CANDYTOPIA OR THE USE AND EXERCISE OF THE RIGHTS GRANTED TO THE COMPANY IN THIS AGREEMENT. SUCH CLAIMS, DEMANDS, SUITS AND ACTIONS INCLUDE, BUT ARE NOT LIMITED TO, NEGLIGENCE, LIBEL, VIOLATION OF PRIVACY RIGHTS, EMOTIONAL DISTRESS/PAIN AND SUFFERING, LOSS OF/DAMAGE TO PROPERTY, DEATH, OR BODILY INJURY.
4. RELEASE AND WAIVER OF UNKNOWN CLAIMS. Guest understands that the release and waiver of liability set forth above covers claims which Guest may not know about or suspect may exist at this time.
5. INDEMNITY. GUEST KNOWINGLY AGREES TO HOLD HARMLESS, DEFEND, AND INDEMNIFY EACH OF THE RELEASEES FROM ANY LOSS, LIABILITY, CLAIM, DAMAGE, JUDGMENT, LEGAL FEES OR COSTS ARISING FROM, INCURRED DUE TO, OR OTHERWISE IN CONNECTION WITH CANDYTOPIA, WHETHER ARISING FROM THE NEGLIGENCE OF ANY RELEASEES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.
6. NOTICE OF FILMING OR RECORDING. Guest authorizes Candytopia and those acting pursuant to its authority to record Guest’s image, likeness and voice in video, audio-video, photographic, analog, digital, or electronic format, or any other copying or recording medium (still or moving) now know or hereinafter created. Guest understands and agrees that all photographs, audio recordings, and video footage taken of Guest while at Candytopia, and any works derived therefrom, will be the sole property of the Company and that the Company may, but does not have the obligation to, share such photographs, audio recordings, or video footage with Guest. The Company or other parties may use such recordings as provided in Section 7.
7. GUEST NAME AND LIKENESS. When Guest appears in, creates, uploads, posts, or sends any photographs, audio recordings, or video footage depicting or relating to Candytopia, Guest grants the Company the unrestricted, worldwide, royalty-free, perpetual right and license (with the right to transfer or sublicense) to use Guest’s name, likeness, voice, and all other aspects of Guest’s persona for the purpose of operating, developing, providing, promoting, advertising, and improving Candytopia or any other products or services provided by the Company or its sublicensees (in either case, now known or developed later). This means, among other things, that Guest will not be entitled to any compensation from the Company, its affiliates, or its business partners if Guest’s name, likeness, or voice is used in Candytopia promotions, whether on the Company’s website, social media channels, or otherwise. Guest hereby releases the Company and those acting pursuant to its authority from liability for any violation of any personal or proprietary right Guest may have in connection with such use.
8. GUEST CONTENT. If Guest creates, uploads, posts or sends any photographs, audio recordings, or video footage depicting or relating to Candytopia, Guest grants the Company and its affiliates the irrevocable, unrestricted, worldwide, perpetual, royalty-free, sublicensable, and transferable right and license to use, display, reproduce, perform, modify, transmit, publish, and distribute such photographs, audio recordings, or video footage for any purpose whatsoever in any and all media (in either case, now known or developed later). Guest also agrees to not exploit any photographs, audio recordings, or video footage of Candytopia for any commercial purpose without the Company’s prior written consent.
9. FITNESS AND RESPONSIBLE BEHAVIOR. Guest represents that Guest (and any children or other people under Guest’s responsibility or control): (a) is not under the influence of any alcohol, drugs or medications that would alter their senses or judgment, (b) is not aware of any physical, emotional, or other condition such as claustrophobia, a heart condition, back condition, history of seizures, and/or sensitivity toward flashing lights that would create a hazard to Guest or others as a result of experiencing Candytopia; (c) is physically fit and able to undertake conditions involved in experiencing Candytopia; and (d) will act responsibly during his or her visit to Candytopia.
10. EMERGENCY MEDICAL CARE. Guest authorizes and consents to emergency medical care and transportation to obtain treatment in case of injury, as the Company may deem appropriate. Guest expressly agrees to be financially responsible for such care and acknowledges that Guest is solely responsible for carrying his or her own health insurance. The waiver and release of liability in this Agreement extends to any liability arising out of or in any way connected with any such medical treatment and transportation Guest receives or any failure to provide such treatment or transportation, whether arising from the negligence of any of the Releasees or otherwise.
11. INVALIDITY. Guest expressly agrees that the terms of this Agreement are intended to be as broad and inclusive as is permitted under the laws of the State of Texas. If any portion (e.g., paragraph or sentence) of this Agreement is held invalid, illegal, or unenforceable to any extent and for any reason by any court of competent jurisdiction, such portion will be excluded to the extent of such invalidity or unenforceability; all other terms of this Agreement will remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term will be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
12. MISCELLANEOUS. This Agreement states the complete understanding as to its subject matter, and may only be modified (or any provision waived) by a writing signed by the parties. Guest understands this Agreement is legally binding on Guest, and Guest’s heirs, personal representatives, and assigns, and all matters arising from, relating to, or connected will be governed by and interpreted under the laws of the State of Texas, without regard for any principles that would cause the application of the laws of any other jurisdiction. Any claim or action (regardless of form) connected with, arising from, or relating to this Agreement or Candytopia will be filed only in a federal or state court located in the County of Dallas, State of Texas, and the Company and Guest irrevocably consent and submit to the personal jurisdiction of such courts and waive any claim that such courts are an inconvenient forum or venue. If any dispute arises over the meaning or interpretation of this Agreement, it shall not be construed against a party on the basis or theory that said party drafted or was responsible for this Agreement or the language being interpreted in this Agreement. In the event of a dispute, the Parties agree that the prevailing party is entitled to recover its reasonable costs and expenses, including but not limited to reasonable attorneys’ fees.
13. CONSENT TO ELECTRONIC TRANSACTIONS. Guest hereby consents to contracting and transacting electronically. Electronic signatures, whether digital or encrypted, are intended to authenticate this Agreement and to have the same force and effect as manual signatures. To be clear, Guest will be deemed to have consented to the terms of this Agreement by purchasing a ticket to or entering Candytopia. Guest hereby consents that marking that they have read, understand, and agree to this Agreement constitutes an electronic signature and consent to abide by the terms of this Agreement.
14. PARENT/GUARDIAN CONSENT FOR GUESTS UNDER THE AGE OF 18. Guest agrees that he or she is over the age of 18 and/or the parent or guardian of a Guest that is under the age of 18 (“Minor”). If Guest is a parent or guardian of a Minor, Guest acknowledges and agrees that: (a) Guest consents to the Minor entering into this Agreement; (b) Guest guarantees that the Minor will not at any time disaffirm this Agreement by reason of the Minor’s age, capacity or otherwise; and (c) Guest, on behalf of Guest, the Minor and the Minor’s heirs, family members, executors or administrators, releases and holds harmless the Releasees from any and all liabilities incident to the Minor’s Candytopia experience, as provided in this Agreement, even if arising from the negligence of the Releasees, to the fullest extent permitted by law.
BY PURCHASING A TICKET TO OR ENTERING CANDYTOPIA, GUEST ACKNOWLEDGES THAT GUEST HAS READ THIS AGREEMENT, FULLY UNDERSTANDS ITS TERMS, UNDERSTANDS THAT GUEST HAS GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, INCLUDING THE RIGHT TO SUE THE RELEASEES, AND SIGNS IT FREELY AND VOLUNTARILY WITHOUT INDUCEMENT.