Please read these Terms & Conditions carefully.
These Terms & Conditions, taken together with the Official Rules for Pumpkin Hunt 2021 Experience and the Publicity Release constitute a binding agreement as to your participation in the Pumpkin Hunt 2021 Experience. DO NOT PURCHASE THE ONLINE GAME INFORMATION ACCESS OR PARTICIPATE IN THE PUMPKIN HUNT 2021 EXPERIENCE UNLESS YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS & CONDITIONS AS WELL AS THE OFFICIAL RULES FOR THE PUMPKIN HUNT 2021 EXPERIENCE AND THE PUBLICITY RELEASE. These Terms & Conditions, the Official Rules and the Publicity Release supersede any prior understandings or agreements, whether oral or written. The terms of the Official Rules and Publicity Release are incorporated herein by reference. In the event of any inconsistency between these Terms & Conditions, the Official Rules and the Publicity Release, these Terms & Conditions shall prevail, govern and control in all respects.
In consideration of being allowed to participate in the Pumpkin Hunt 2021 Experience conducted by Villafane Studios and Cheeky Mouse Productions (“Pumpkin Hunt 2021”), Surprise, AZ 85387, I acknowledge, warrant and agree to the following:
1. Requirements for the Pumpkin Hunt 2021 Experience Lead Participants:
I must (1) be 18 years (or age of majority in my jurisdiction of residence, whichever is higher) or older (2) have the power to enter a binding contract with Pumpkin Hunt 2021 and not be barred from doing so under any applicable laws or any other agreement to which I am a party, and (3) reside in the United States. By my participation in the Pumpkin Hunt 2021 Experience, I affirmatively certify and warrant that I am 18 years of age or older (or age of majority in my jurisdiction of residence, whichever is higher), have the power to enter a binding contract with Pumpkin Hunt 2021 and reside within the United States.
You may participate in the Pumpkin Hunt 2021 Experience on an individual basis or as part of a group or team. For group/team participation, the individual within such group/team who has purchased the online game information for the Pumpkin Hunt Experience shall be the Lead Participant functioning as the authorized representative for all members of the group/team and as the sole liaison with Pumpkin Hunt 2021 as to the group’s/team’s participation in the Pumpkin Hunt 2021 Experience. Lead Participant assumes full responsibility for informing all Participants who are members of his/her group/team of any information and materials provided to the Lead Participant by Pumpkin Hunt 2021 in conjunction with participation in the Pumpkin Hunt 2021 Experience.
Waiver and Release of Liability:
1. I knowingly and freely assume all such risks, both known and unknown, and assume full responsibility for said risks;
2. On behalf of my heirs, assigns, personal representatives and next of kin and any other party who may take by or through me, I hereby release and hold harmless Pumpkin Hunt 2021, Villafane Studios LLC, Cheeky Mouse Productions, Vulture Peak Tours, LLC and Vulture City Presentations, Inc., and all of their divisions and affiliated companies; Pumpkin Hunt Experience producers, sponsors, organizers other than Pumpkin Hunt 2021 (to the extent applicable); their respective officers, officials, agents, employees, volunteers, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the Activities (“Releasees”), with respect to any and all injury, disability, death, or loss or damage to person or property incident to my or involvement or participation in the Activities, whether arising from the negligence of the Releasees or otherwise, to the fullest extent permitted by law;
3. I, on behalf of my assigns, personal representatives and next of kin and any other party who may take by or through me, agree to defend, indemnify, and hold harmless all the above Releasees from any and all liabilities incident to my involvement or participation in the Activities, even if arising from their negligence, to the fullest extent permitted by law;
4. I, on behalf of my assigns, personal representatives and next of kin and any other party who may take by or through me, agree to defend, indemnify, and hold harmless all the above Releasees for any and all claims made by any third-party entity or individual against any Releasee based, in whole or in part, upon any intentional or negligent action by me;
5. I have read this release of liability and assumption of risk agreement, fully understand its terms, understand that we have given up substantial rights by agreeing to it, and agree to it freely and voluntarily without any inducement;
6. I certify that I have not been advised to not participate by a qualified medical professional and that there are no health-related reasons or problems which preclude my participation in this activity being cognizant that such participation involves an not insignificant amount of outdoor activity (e.g., walking/running or cycling) for a period of several hours.
Assumption of Risk and Waiver of Liability relating to COVID-19
1. By attending Pumpkin Hunt 2021 and in consideration thereof and in consideration for being able to visit and/or participate in this event and/or attractions at Pumpkin Hunt 2021, I agree, understand, and acknowledge that an inherent risk of exposure to the disease COVID-19 (as defined by the World Health Organization and any strains, variants, or mutations thereof) and SARS-CoV-2 (the virus that can cause COVID- 19) (collectively, “COVID-19”), and any other communicable or infectious disease, exists in any public place where people are present. COVID-19 is an extremely contagious communicable disease that can lead to severe illness and death. No precautions can eliminate the risk of exposure to COVID-19, and the risk of exposure applies to everyone. According to the Centers for Disease Control and Prevention (“CDC”), older adults (people 65 years and older) and people of any age who have underlying medical conditions might be at higher risk for severe illness and death from COVID-19. I acknowledge that the risk of exposure to COVID-19 and any other communicable or infectious disease includes the risk that I will expose others that I later encounter, even if I am not experiencing or displaying any symptoms of illness myself. By visiting and/or participating in the event and/or attractions at Pumpkin Hunt 2021, I agree to voluntarily assume any and all risks in any way related to exposure to COVID-19 and any other communicable or infectious disease, including illness, injury, or death of myself or others, and including without limitation, all risks based on the sole, joint, active or passive negligence of Pumpkin Hunt 2021 its parent corporations, affiliates, officers, directors, employees and landlord. I acknowledge that my visit and participation are entirely voluntary. On my own behalf and o n behalf of my heirs, executors, personal representatives, administrators, and assigns, I agree to forever waive, covenant not to sue, release, and discharge Pumpkin Hunt 2021 its parent corporations, affiliates, officers, directors, employees and landlord, from any and all liability, claims, causes of action, damages, costs, or expenses of every kind, including all claims and causes of action based on the sole, joint, active or passive negligence of Pumpkin Hunt 2021 its parent corporations, affiliates, officers, directors, employees and landlord, arising out of or in any way relating to exposure to COVID-19 and any other communicable or infectious disease during my visit to and/or participation in event and/or attractions at Pumpkin Hunt 2021. This waiver of liability and the assumption of risk set forth above is intended to be as broad and inclusive as is permitted by law.
2. I agree to follow all posted instructions at the event and/or attractions, including but not limited to: not attending if I am sick or have recently had any fever or flu like symptoms, wearing proper face coverings where required, maintaining a minimum of 6’ of distance from any other patron, employee or any other person who I have not come to the event with, have my temperature checked if required, wash or disinfect my hands before and after experiencing any attractions or when I have touched any surface at the event/attractions.
3. I attest, acknowledge, and agree that any individual for whom I have bought Pumpkin Hunt 2021 online access for or who uses online access purchased by me has independently and carefully read this Assumption of Risk and Waiver of Liability relating to COVID-19 and has knowingly and independently acknowledged and agreed to all its provisions.
4. If any provision or part thereof of these terms and conditions is held to be invalid, void, or unenforceable by a court of competent jurisdiction, such provision or part thereof shall be deemed modified to conform to applicable law, or if this would cause an illogical or unreasonable result, such provision or part thereof shall be stricken from the terms and conditions without affecting the binding force or effect of any other part or provision.
Release of Photographs and Likenesses of Participants:
I understand that while participating in the Activities, I may be photographed, videotaped, or otherwise recorded. By participating in the Activities, I hereby consent to the use of photographs, audio recording, and/or videotape of myself for publicity, promotional, and/or educational purposes (including publications and presentation or broadcast via newspaper, internet, or other media sources) as well as internal/archival purposes, to the fullest extent permitted by law. I do so with full knowledge and consent and waive all claims for compensation for use or for damages. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the Pumpkin Hunt 2021 Experience producers, sponsors, organizers, and assigns (to the extent applicable).
Payment and Refunds:
I acknowledge that any payment made to Pumpkin Hunt 2021 for participation in the Pumpkin Hunt 2021 Experience is final and not subject to refund for any reasons other than those expressly described in these Terms & Conditions or Official Rules. I further acknowledge that any and all costs incurred in conjunction with participation in the Pumpkin Hunt 2021 Experience are my sole responsibility; such costs include but are not limited to wireless Internet access charges and travel-related costs.
I acknowledge that I am purchasing online game information, which is to be used to take part in the Pumpkin Hunt 2021 Experience. THE ONLY PRODUCT BEING PURCHASED IS THE ONLINE GAME INFORMATION, WHICH IS TO BE USED TO TAKE PART IN THE PUMPKIN HUNT 2021 EXPERIENCE.
I acknowledge that all online game information, website content, and other content associated with the Activities are at all times the sole property of Pumpkin Hunt 2021, which grants to me a limited, nonexclusive, non-transferable, non-sublicensable, revocable, royalty-free license to use the Pumpkin Hunt 2021 Experience Content solely for purposes of participation in the Pumpkin Hunt 2021 Experience in accordance with these Terms & Conditions and the Official Rules. ANY OTHER USE OF THE PUMPKIN HUNT CONTENT, INCLUDING BUT NOT LIMITED TO REPRODUCTION OR PUBLICATION OF SAME, CONSTITUTES AN ACTIONABLE VIOLATION OF PUMPKIN HUNT 2021’S RIGHTS.
4. Cancellation, Alteration, or Postponement of the Pumpkin Hunt 2021 Experience
I acknowledge that Pumpkin Hunt 2021 may cancel the Pumpkin Hunt 2021 Experience at any time for any reason beyond its control; a force majeure event (e.g., a natural disaster, pandemic/epidemic, civil commotion, riot, strike, act of fraud). In such case, I will receive a full refund.
I acknowledge that the Pumpkin Hunt 2021 Experience may be postponed to a later date (of Pumpkin Hunt 2021’s sole choosing), and that refunds will not be issued in the event of a postponement, except at the sole discretion of Pumpkin Hunt 2021.
5. Limitation of Liability:
Pumpkin Hunt 2021 assumes no liability under any legal theory for:
1. incomplete or inaccurate information whether caused by Participants or any other party, tampering, hacking or by any equipment or programming associated with or utilized with the Pumpkin Hunt 2021 Experience or by any technical or human error, malfunction or failure;
2. any other error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of the Pumpkin Hunt 2021 Experience online information;
3. any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, programming related to implementation of the Pumpkin Hunt 2021 Experience.
Should any provision of the Terms & Conditions be held invalid or unenforceable by a tribunal of competent jurisdiction for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms & Conditions, and the application of that provision shall be enforced to the extent permitted by law. Any failure by Pumpkin Hunt 2021 to enforce the Terms & Conditions or any provision hereof shall not waive Pumpkin Hunt 2021’s right to do so. As used in these Terms, the words “include” and “including”, and variations thereof, will be deemed to be followed by the words “without limitation.”
7. Governing Law/Jurisdiction:
The Terms are subject to the laws of the State of Arizona, United States of America, without regard to choice or conflicts of law principles. In any such action, I agree that my recovery shall be limited to a refund of the purchase price of online game information for the Pumpkin Hunt 2021 Experience, with special, compensatory, punitive, consequential and other damages, attorneys’ fees, as well as any right to equitable or injunctive relief being specifically waived. I additionally agree, to the fullest extent permitted by law, to bring any such action solely on an individual basis and agree not to seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.