WAIVER AND RELEASE OF LIABILITY In consideration of the risk of injury while participating in The Original Poe Grave Ghost Tour (the “Activity”) and ghost tours and/or ghost hunts hosted at Westminster Burying Grounds, and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge, Vincent Wilson, Poe’s Magic, LLC, The Lord Baltimore Hotel, and Westminster Hall and Burying Grounds, located at 20 W. Baltimore St and the Corners of Green St & Fayette St and all locations to and from, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY, AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. FURTHERMORE, I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM, AND DURING THIS ACTIVITY.
I agree to indemnify and hold harmless, Vincent Wilson, Poe’s Magic, LLC, The Lord Baltimore Hotel, and Westminster Hall and Burying Grounds against any and all claims, suits, or actions of any kind whatsoever for liability, damages, compensation, or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Vincent Wilson, Poe’s Magic, LLC, The Lord Baltimore Hotel, and Westminster Hall and Burying Grounds incur any of these types of expenses, I agree to reimburse, Vincent Wilson, Poe’s Magic, LLC, The Lord Baltimore Hotel, and Westminster Hall and Burying Grounds. I acknowledge that Vincent Wilson, Poe’s Magic, LLC, The Lord Baltimore Hotel, and Westminster Hall and Burying Grounds and their directors, officers, volunteers, representatives, and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of, Vincent Wilson, Poe’s Magic, LLC, The Lord Baltimore Hotel, and Westminster Hall and Burying Grounds.
I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON’S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic, and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials, and event monitors, and/or producers of the event.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE, VINCENT WILSON, POE’S MAGIC, LLC, THE LORD BALTIMORE HOTEL, AND WESTMINSTER HALL AND BURYING GROUNDS AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS, AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST, VINCENT WILSON, POE’S MAGIC, LLC, THE LORD BALTIMORE HOTEL, AND WESTMINSTER HALL AND BURYING GROUNDS FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Vincent Wilson, Poe’s Magic, LLC, The Lord Baltimore Hotel, and Westminster Hall and Burying Grounds, its agents, and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment.
I am aware and understand that I should carry my own health insurance. In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect, or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. This Agreement was entered into at arm’s length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. All the Participants, Vincent Wilson, Poe’s Magic, LLC, The Lord Baltimore Hotel, and Westminster Hall and Burying Grounds, agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to altering or explaining the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase, or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed, and enforced as so limited.
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illnesses and even death. Vincent Wilson, Poe’s Magic, LLC, The Lord Baltimore Hotel, and Westminster Hall and Burying Grounds cannot prevent you [or your child(ren)] from becoming exposed to, contracting, or spreading COVID-19 while utilizing Vincent Wilson, Poe’s Magic, LLC, The Lord Baltimore Hotel, and Westminster Hall and Burying Grounds’ services or premises. It is not possible to prevent the presence of the disease. Therefore, if you choose to utilize Vincent Wilson, Poe’s Magic, LLC, The Lord Baltimore Hotel, and Westminster Hall and Burying Grounds’ services and/or enter onto Vincent Wilson, Poe’s Magic, LLC, The Lord Baltimore Hotel, and Westminster Hall and Burying Grounds’ premises, you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.
ASSUMPTION OF RISK: I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself and/or my children in order to utilize Vincent Wilson, Poe’s Magic, LLC, The Lord Baltimore Hotel, and Westminster Hall and Burying Grounds’ services and enter Vincent Wilson, Poe’s Magic, LLC, The Lord Baltimore Hotel, and Westminster Hall and Burying Grounds’ premises. These services are of such value to me [and/or to my children] that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize Vincent Wilson, Poe’s Magic, LLC, The Lord Baltimore Hotel, and Westminster Hall and Burying Grounds’ services and premises in person [if applicable: “rather than arranging for an alternative method of enjoying the same services virtually (e.g. videoconference)].
WAIVER OF LAWSUIT/LIABILITY: I hereby forever release and waive my right to bring suit against Vincent Wilson, Poe’s Magic, LLC, The Lord Baltimore Hotel, and Westminster Hall and Burying Grounds and its owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to utilizing Vincent Wilson, Poe’s Magic, LLC, The Lord Baltimore Hotel, and Westminster Hall and Burying Grounds’ services and premises. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence, and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.
I, the undersigned participant, affirm that I am of the age of 18 years or older and that I am freely signing this agreement. Furthermore, I certify that I have read this agreement, that I fully understand its content, and that this release cannot be modified orally. I am aware that this is a release of liability and a contract, and that I am signing it of my own free will. I understand that as a purchaser, I am also responsible for any other persons I have purchased tickets for.
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