Liability Waiver

Posted on Aug 04 2020 - 2:57pm

ARGHHH  - Lawyers are worse than Bad Pirates !

In exchange for participating in a Bad Pirate Tre.venture, I agree for myself and my Team members, the following:

ACCEPTANCE

  • By purchasing a Hunt Key for a Bad Pirate Tre.venture, I am digitally signing this agreement.

AGE

  • I certify that I am 21 years of age at the time of participation.
  • If any members of my hunt group are under 21, I take responsibility for them.

ABILITY

  • I certify that I, and all Team members, are mentally and physically capable of participation as determined by a qualified healthcare professional

AGREEMENT TO FOLLOW RULES

  • I agree to observe and obey all Tre.venture Rules, posted rules and warnings, park, city, town, county, state, federal, or other applicable laws.

ASSUMPTION OF THE RISKS AND RELEASE

  • I recognize there are certain inherent risks associated with exploring the outdoors and treasure/scavenger hunts. 
  • I assume full responsibility for personal injury to myself, and any Team members.
  • I release and discharge Bad Pirate for injury, loss or damages, and liability caused by myself, my Team, or any third party.

INDEMNIFICATION.

  • I agree to indemnify and defend Bad Pirate against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my, or my Team's, participation in a Bad Pirate Tre.venture.

APPLICABLE LAW

  • Any legal or equitable claims that may arise from participation in a Bad Pirate Tre.venture shall be resolved under New York law.

NO DURESS  

  • I agree and acknowledge that I am under no pressure or duress to agree to this agreement and that I have been given a reasonable opportunity to review it before agreeing.

ARM'S LENGTH AGREEMENT

  • This agreement and each of its terms are the products of an arm's length negotiations between the parties.
  • In the event any ambiguity is found to exist in the interpretation of the agreement, or any of its provisions, the parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

ENFORCEABILITY. 

  • The invalidity or unenforceability of any provision of this agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this agreement or any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be part of this agreement.

DISPUTE RESOLUTION

  • The parties will attempt to resolve any dispute arising out of or relating to this agreement through friendly negotiations amongst the parties. 

  • If the matter is not resolved by negotiation, the parties will resolve the dispute using mediation.

By purchasing a Bad Pirate Tre.venture Hunt Key, I agree with the terms of this Liability Waiver.