Waiver, Release, Express Assumption of Risk, Indemnity, and Voluntary Consent Agreement
1. Parties & Consideration
In full and complete consideration of being allowed to enter and/or participate in the SCARE COMPANY PRODUCTIONS LLC event, including its haunted attraction(s) and any related events, queues, parking areas, midway, and activities (the "Experience"), I agree to this Agreement for the benefit of the following (each an intended third‑party beneficiary and collectively the "Released Parties"):
- Scare Company Productions LLC, and each of its members, principals, owners, subsidiaries, affiliates, employees, volunteers, actors, crew, agents, representatives, producing partners, financiers, contractors, successors, licensees, and assigns; and
- the owner and operator of the premises — the San Benito County Fair / San Benito Agricultural Association, the San Benito County Fairgrounds and Bolado Park Event Center, and the County of San Benito — and each of their respective directors, officers, employees, volunteers, agents, sponsors, and the owner(s) and lessor(s) of the premises.
I enter into this Agreement on behalf of myself and my personal representatives, heirs, executors, administrators, and next of kin (collectively, the "Releasing Party"), and — where I am signing as a parent, legal guardian, or Supervising Adult for a minor — on behalf of that minor and myself.
Admission, Age & Youth Supervision Policy
2. Age & Supervision
As a condition of admission:
- (a) Guests 18 years of age and older may attend unaccompanied.
- (b) Any guest under 18 must be accompanied on the grounds at all times by a responsible "Supervising Adult" who is 25 years of age or older. The Supervising Adult must remain on the premises for the entire duration of the minor's visit and is responsible for the minor's supervision and conduct.
- (c) This policy applies to every guest under 18
- (d) One Supervising Adult (25+) may accompany up to [6] minors.
- (e) Valid photo ID may be required to verify age at entry. Scare Company Productions LLC may refuse entry to, or remove from the premises, any guest who cannot meet this policy — without refund.
This waiver must be accepted by the minor's parent or legal guardian (online at ticket purchase or on a signed paper form). The parent or legal guardian may be, but does not have to be, the on‑site Supervising Adult (25+); both are identified in the signature section below.
Waiver and Release; Emergency Medical
3. Release
Releasing Party hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE the Released Parties FROM ALL LIABILITY OF WHATEVER KIND OR NATURE — WHETHER NOW KNOWN OR UNKNOWN — FOR ANY PRESENT OR FUTURE LOSS, DAMAGE, CLAIM, DEMAND, CAUSE OF ACTION, COST, OR EXPENSE (INCLUDING COURT COSTS AND ATTORNEYS' FEES) ON ACCOUNT OF ANY PERSONAL INJURY, INJURY TO PROPERTY, OR DEATH ARISING OUT OF OR RELATED TO THE EXPERIENCE OR THE RELEASED PARTIES' ORDINARY NEGLIGENCE, including without limitation liability arising from:
- a) premises liability;
- b) active or passive conduct;
- c) negligence in the failure to warn, or in the selection, assembly, use, or maintenance of any equipment, facility, prop, vehicle, or service;
- d) negligence in enforcing or implementing (or failing to enforce or implement) any rule, guideline, condition, or procedure (including this age/supervision policy);
- e) negligence in instructions, training, advice, or recommendations; and/or
- f) negligent rescue or first‑aid efforts.
4. Emergency Medical
Releasing Party AUTHORIZES AND CONSENTS to the Released Parties arranging or providing first aid, medical care, or emergency services if an injury or medical condition develops during the Experience or while on the premises, and WAIVES, RELEASES, AND AGREES TO HOLD THE RELEASED PARTIES HARMLESS from any Liability arising from such care. Releasing Party is responsible for the cost of any medical treatment. A parent/legal guardian signing for a minor consents to such emergency care for that minor.
Express Assumption of Risk
5. Assumption of Risk; Nature of the Experience
Releasing Party acknowledges that the Experience is a physically and psychologically intense haunted attraction that can be DANGEROUS and could result in PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH, AND/OR PROPERTY DAMAGE. Releasing Party understands and EXPRESSLY ASSUMES ALL RISKS AND DANGERS of the Experience, which may include, without limitation:
Releasing Party further acknowledges that during the Experience he/she may be asked or caused to walk, crouch, crawl, climb, hold still, or be separated from companions, and may be touched and physically directed by actors. Releasing Party agrees that PERSONAL SAFETY CANNOT BE GUARANTEED and that these risks include those arising from the Released Parties' ordinary negligence.
6. Health Acknowledgment
Participation is NOT RECOMMENDED for anyone who is pregnant, or who has heart, respiratory, back, neck, or other physical conditions, a pacemaker or other medical device, asthma, claustrophobia, anxiety, PTSD, a history of seizures, mental‑health conditions, or who is not in good physical health. Releasing Party affirms he/she (and any accompanied minor) has no condition that makes participation unsafe, or knowingly assumes the added risk.
7. Communicable Disease
Releasing Party acknowledges the inherent risk of exposure to communicable or infectious diseases in any public place, voluntarily assumes all such risks, and releases the Released Parties from related Liability, including illness or death of the Releasing Party or others.
8. Unknown Risks
Releasing Party acknowledges there may be presently unknown or undefined risks, including those arising from the Released Parties' ordinary negligence, and EXPRESSLY ASSUMES ALL SUCH RISKS, KNOWN AND UNKNOWN.
Voluntary Participation, Consent to Contact & Code of Conduct
9. Voluntary Participation; Consent to Physical Contact and Effects
Releasing Party participates entirely voluntarily and at his/her own volition. Releasing Party KNOWINGLY AND VOLUNTARILY CONSENTS TO PHYSICAL CONTACT by actors and effects as described in Section 5 (which may include being touched, grabbed, pushed/pulled, startled, chased, temporarily restrained, separated from a group, and exposed to mild electric/static, air, water, scent, and lighting effects), and agrees that such contact and effects are an intended, consented part of the Experience. It is the Releasing Party's responsibility to: (a) disclose any relevant health issue; (b) tell staff of anything he/she is not comfortable with; (c) stop participating and report any discomfort, illness, or complication; and (d) clear participation with a personal physician. The Released Parties have made no investigation of, and make no representation about, Releasing Party's fitness to participate.
10. Right to Stop
Releasing Party has the right to cease participation at any time. Releasing Party acknowledges being informed of the procedure for being escorted out of the Experience. Early exit for any reason does not entitle the guest to a refund.
11. Code of Conduct
Releasing Party agrees to: follow all posted rules and staff instructions and this age/supervision policy; Do not touch actors, sets, or props except as directed; Do not enter under the influence of alcohol or drugs; carry no weapons or prohibited items; and do not bring outside alcohol. Recording/photography by guests is Permitted. Releasing Party acknowledges that Scare Company may refuse entry to or remove any person, without refund, for safety, intoxication, conduct, or policy‑violation reasons, and that the premises are monitored by staff and may be under video surveillance.
Media Release
12. Media Release
Releasing Party acknowledges that participation may be recorded by photo, video, or audio (the "Materials") and RELEASES, WAIVES, AND COVENANTS NOT TO SUE the Released Parties regarding the use of his/her (and any accompanied minor's) appearance, name, voice, image, likeness, and biographical information in the Materials, and authorizes Scare Company to use the Materials for any purpose (including advertising, promotion, merchandising, and all media now known or later devised, worldwide, in perpetuity), without compensation, inspection, or approval. Scare Company is not obligated to use any Materials and may edit them freely.
Indemnity and Hold Harmless
13. Indemnity
Releasing Party agrees to DEFEND, INDEMNIFY, AND HOLD HARMLESS the Released Parties from any Liability (including court costs and attorneys' fees) arising out of or related to this Agreement, the Releasing Party's (or any accompanied minor's) participation or presence on the premises, any act or failure to act by the Releasing Party or accompanied minor, any breach of this Agreement, and/or improper, tortious, or criminal conduct. A Supervising Adult and/or parent/legal guardian assumes responsibility for, and agrees to indemnify the Released Parties for, the conduct of each minor they accompany or sign for.
Miscellaneous
14. Governing Law & Venue
This Agreement is governed by and interpreted under the laws of the State of California and is intended to be construed as broadly as California law allows. Any dispute regarding its enforceability shall be filed in the state courts located in San Benito County, California, and not transferred elsewhere.
15. Severability
If any portion of this Agreement is found void or invalid, the remainder shall be enforced to the fullest extent of the law, including by modifying the Agreement so the remaining claims are waived, released, and indemnified to the maximum extent permitted.
16. Method of Acceptance — Electronic or Paper Signature
This Agreement may be accepted in either of the following ways, each of which is fully binding:
- (a) Electronic (online). When purchasing tickets or checking in online, the guest (or, for a minor, the parent/legal guardian) accepts this Agreement by checking the "I have read and agree" box and/or clicking to accept and typing his/her name. The parties agree this constitutes a valid electronic signature and electronic record under the federal ESIGN Act and the California Uniform Electronic Transactions Act (Cal. Civ. Code § 1633.1 et seq.), legally equivalent to a handwritten signature, and consent to conduct this transaction electronically. Scare Company will retain a time‑stamped record of acceptance and make a copy available on request.
- (b) Paper or on‑screen (in person). Guests purchasing or entering in person may complete this Agreement at the venue and sign it either by hand (wet ink) or with an on‑screen signature — each is binding. Each adult guest completes their own waiver. A parent or legal guardian may list all of their accompanied minor children on a single waiver and sign once for all of them — a separate waiver for each minor is not required.
17. Entire Agreement
No oral representations or inducements outside this written Agreement have been made. Releasing Party was given ample opportunity to read this Agreement and to have it reviewed by legal counsel of his/her choice, and was offered a copy.