Terms of Service
Terms of Service for Fear Farm IE
Effective Date: 9/9/2024
By purchasing a ticket and/or entering Fear Farm IE, you agree to the following terms and conditions. Please read carefully as these terms govern your participation in the event and your legal rights.
1. Assumption of Risk & Hold Harmless Agreement
By attending Fear Farm IE, all participants understand and acknowledge that the nature of a haunted attraction involves intense and potentially frightening environments, including but not limited to physical obstacles, low visibility, uneven terrain, loud noises, fog, strobe lights, and actors in close proximity. You voluntarily assume all risks associated with participation, including the risk of personal injury, property damage, or death.
Fear Farm IE, its owners, operators, affiliates, employees, and contractors shall not be held liable for any injuries, accidents, illnesses, property damage, emotional distress, or any other harm that may occur before, during, or after participation in the event.
By purchasing a ticket and entering the premises, you agree to hold Fear Farm IE and its owners harmless from any claims, demands, or lawsuits arising from participation in the event, including any negligence on the part of Fear Farm IE.
2. Ticket Policy
- All ticket sales are final. No refunds will be issued once a ticket is purchased.
- Tickets are transferable to any other open day of Fear Farm IE's operational season as long as the ticket has not been scanned. If your ticket has not been used, it can be honored on any available date during the same season.
- Fear Farm IE is not responsible for lost or stolen tickets. It is the responsibility of the ticket holder to ensure the security of their ticket.
- By purchasing a ticket you are agreeing to our "Waiver and Release, Express Assumption of Risk, Indemnity, and Voluntary Consent Agreement"
3. Code of Conduct
By entering Fear Farm IE, all guests agree to follow the event's safety guidelines and adhere to the following rules:
- No touching of actors, staff, or props is permitted. Any violation may result in immediate removal from the event without refund.
- Guests who appear intoxicated or under the influence of drugs will be denied entry and/or removed from the event.
- Any disruptive, dangerous, or aggressive behavior will not be tolerated and may result in removal without refund.
- For your safety, appropriate footwear is required as certain parts of the attraction may involve uneven terrain or obstacles.
4. Ticket Holder's Responsibility
Guests are required to follow all safety guidelines and instructions provided by Fear Farm IE staff. You are responsible for ensuring that your party, including children and minors, adheres to all posted warnings and rules.
Fear Farm IE reserves the right to refuse entry or remove any participant without refund if these terms are violated.
5. Photography & Video
By attending Fear Farm IE, you consent to being photographed, filmed, and/or recorded for promotional purposes. Fear Farm IE may use these photos or videos in marketing and promotional materials, without compensation or notice to you.
6. Force Majeure
Fear Farm IE is not responsible for any delays or cancellations caused by events beyond its control, including but not limited to natural disasters, weather, acts of government, or other unforeseen circumstances. If the event is canceled due to force majeure, tickets may be honored for a future date, subject to availability.
7. Indemnification
You agree to indemnify and hold harmless Fear Farm IE and its owners, employees, and contractors from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your participation in the event or violation of these Terms of Service.
8. Governing Law
These Terms of Service shall be governed and construed in accordance with the laws of the State of California. Any legal disputes arising from participation in Fear Farm IE shall be filed and resolved in a court of competent jurisdiction within California.
WAIVER AND RELEASE, EXPRESS ASSUMPTION OF RISK, INDEMNITY, AND VOLUNTARY CONSENT AGREEMENT (the “Agreement”)
- IN FULL AND COMPLETE CONSIDERATION OF Fear farm ie LLC, SC Village, and each of their members, principals, subsidiaries, affiliates, employees, agents, representatives, producing partners, financiers, successors, licensees, and assigns, and all of their subsidiaries, affiliates, employees, members, principals, agents, representatives, producing partners, financiers, successors, licensees, and assigns, which shall all be third party beneficiaries hereof) (collectively, “Fear farm ie”) allowing me to participate in The Fear farm ie Haunt Experience (the “Experience”), I, on behalf of myself and my personal representatives, heirs, and next of kin (hereinafter collectively the “Releasing Party”), hereby acknowledge and agree as follows:
WAIVER AND RELEASE AND EMERGENCY MEDICAL SERVICES
- Releasing Party hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE Fear farm ie, and/or any affiliate and/or media telecasting or otherwise distributing an audiovisual program based on the Experience in which I may appear (the “Program”, as more fully discussed below) in any and all media or formats; any licensees, assignees and/or sub-distributors of the Program; and/or each of their affiliated owners, parents, subsidiaries, licensees, shareholders, officers, directors, managing agents, employees, independent contractors, members, agents, attorneys, investors, affiliated organizations and entities; or any other persons assisting or participating in their activities, including the Experience (collectively hereinafter “Releasees”): FROM ALL LIABILITY OF WHATEVER KIND OR NATURE, IN LAW, EQUITY OR OTHERWISE, WHETHER NOW KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FOR ANY AND ALL PRESENT OR FUTURE LOSS OR DAMAGE,
AND ANY CLAIMS, LIENS, DEMANDS, CAUSES OF ACTION, DEBTS, LIABILITIES, EXPENSES INCLUDING COURT COSTS AND ATTORNEYS FEES, SUITS OR
JUDGMENTS THEREFROM (collectively hereinafter “Liability”) ON ACCOUNT OF ANY PERSONAL INJURY, INJURY TO PERSONAL PROPERTY, OR RESULTING IN DEATH ARISING OUT OF OR RELATED TO THE EVENTS, RELEASEES’ NEGLIGENCE, AND/OR RELEASING PARTY’s presence in or upon the premises and facilities and locations where the Experience is or will be taking place. This includes, without limitation, Liability for or arising from: a) Premises liability;
- Active or passive conduct;
- NEGLIGENCE in the failure to warn or in the selection, assembly, use and/or maintenance of any equipment, facility or services in connection with the Experience;
- NEGLIGENCE in the enforcement or implementation (of failure to enforce or implement) any rules, regulations, guidelines, conditions, or procedures concerning the Experience;
- NEGLIGENCE in the failure to warn the Releasing Party regarding any condition or circumstance of the Experience or regarding the use of any product, facility, or service associated with the Experience;
- NEGLIGENCE regarding the giving (or failure to give) advice, instructions, training, or recommendations by Releasees regarding the Experience; and/or
- NEGLIGENT RESCUE OPERATIONS or efforts by Releasing Party or others present on the premises.
- Releasing Party hereby specifically AUTHORIZES AND CONSENTS TO the on-set production team providing and/or arranging for MEDICAL CARE OR TREATMENT OR EMERGENCY MEDICAL SERVICES OR RESCUE EFFORTS in the event of an emergency or in the event of an injury or medical condition that develops or occurs during participation in the Experience or during the Releasing Party’s presence in or upon the premises, facilities, and locations where the Experience is or will be taking place. Releasing Party expressly WAIVES AND RELEASES AND AGREES TO HOLD RELEASEES HARMLESS from and against any and all Liability arising therefrom.
EXPRESS ASSUMPTION OF THE RISK
- Releasing Party hereby acknowledges and understands participating in the Experience can be EXTREMELY DANGEROUS AND RISKY and could result in PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE. The Experience may involve, without limitation, fog, strobe lights, lasers, electric shock, water, insects, arachnids, spider bites, foul language, touching, foul scents, dizziness, loud noises, claustrophobia, latex, suffocation, projectiles, moving floors, haircuts, 100+ MPH winds, visual representations of abuse, and post-traumatic stress disorder, and otherwise engaging in physical, emotional, and strenuous activities and/or using equipment and facilities related to these Experience, all of which can result in DISABILITY, DISFIGUREMENT, SERIOUS PHYSICAL OR MENTAL OR EMOTIONAL INJURY, DEATH, OR PROPERTY DAMAGE. Releasing Party further acknowledges that by participating in the Experience, Releasing Party may be asked to: hold their breath, crawl, jump, climb and fall and may be touched, directed physically or yelled at during the Experience. This Agreement also constitutes an express and contractual ASSUMPTION OF ALL RISKS AND DANGERS associated with the Experience, including injuries or harm that may arise from the negligence of the Additionally, the Experience will also include the use of varying types and styles of equipment, tools and props, including, without limitation, mounted camera equipment. Releasees do not make any warranties or representations about said equipment, tools, props, premises, locations, and/or facilities.
- Releasing Party acknowledges that participation in the Experience is NOT RECOMMENDED for pregnant women or visitors who have back problems, asthma, mental or heart conditions, have a pacemaker, are prone to seizures or are not physically fit.
- Releasing Party acknowledges 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 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. 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 The Fear farm ie Haunted House, 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 The Fear farm ie, its parent corporations, affiliates, officers, directors, employees and landlord. I acknowledge that my visit and participation are entirely voluntary. On my own behalf and on behalf of my heirs, executors, personal representatives, administrators, and assigns, I agree to forever waive, covenant not to sue, release, and discharge The Fear farm ie 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 The Fear farm ie,, 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 The Fear farm ie Haunted House.
- Releasing Party acknowledges that there may be undefined and presently unknown risks and dangers associated with the Experience and that there may be risks and dangers that may result from negligence of the Releasees, the production team for the Program and/or any other person working with or in connection with Fear farm ie,. This includes, without limitation, the potential negligence in the implementation or enforcement of (or failure to implement or enforce) any rules, regulations, guidelines, advice, training, instructions, or recommendations related to the Experience, the potential negligence related to the operation, design, or maintenance of the Experience and associated facilities, and/or the potential negligence in the selection, use, or maintenance of any premises, location, facility, equipment, or service related to the
RELEASING PARTY HEREBY EXPRESSLY ASSUMES ALL SUCH RISKS AND DANGERS WHETHER PRESENTLY KNOWN OR UNKNOWN AND EXPRESSLY RELEASES RELEASEES FROM ANY AND ALL INJURY, HARM AND/OR DAMAGE RESULTING FROM SUCH NEGLIGENCE AND RELATED TO RELEASING PARTY’S PARTICIPATION IN THE EVENTS.
VOLUNTARY PARTICIPATION AND CONSENTS
- Releasing Party is participating in the Experience at Releasing Party’s own volition and is not participating or engaging in the Experience at the request or on behalf of Fear farm ie, or the Releasing Party acknowledges that it is his or her responsibility to do all of the following: (a) fully disclose to Fear farm ie, any health issues or medications that are relevant to participation in the Experience; ( b) inform Fear farm ie, if there are any activities or aspects of the Experience about which the Releasing Party does not feel comfortable; (c) cease participation and promptly report any physical discomfort, illness or complications; and ( d) clear his or her participation with his or her personal physician. Releasing Party expressly acknowledges that none of the Releasees has made, or will make, any investigation into Releasing Party’s physical fitness or emotional, health or ability to participate in the Experience. Releasing Party also acknowledges that he or she bears full responsibility to become aware of and familiar with any and all rules, regulations, and instructions relating to the Experience, and to follow such rules, regulations and instructions. For the avoidance of doubt, it is the Releasing Party’s right and responsibility to cease participation in the Experience should the Releasing Party feel any physical or mental discomfort or complications while engaging in the Experience, including but not limited to, physical/mental/emotional discomfort, illness, complications or safety concerns. Releasing Party acknowledges that he or she has been informed of the SAFE WORD, “MERCY” , which may be said AT ANY TIME if Releasing Party would like to cease his or her participation in the Experience.
- Releasing Party fully acknowledges and understands that participation in the Experience will involve physical and strenuous activity and dangerous and changing circumstances and Releasing Party has taken it upon himself or herself to be fully informed of the numerous inherent risks and potential dangers associated with the Experience, including the RISK OF BEING INVOLVED IN AN ACCIDENT AND SUFFERING SEVERE PERSONAL INJURY OR DEATH. Releasing Party acknowledges that he or she has been informed that his or her PERSONAL SAFETY CANNOT BE GUARANTEED. Releasing Party acknowledges that his or her participation in the Experience is completely voluntary, and he or she believes that the potential benefits of participation outweigh the risks and danger associated with the Experience. Releasing Party acknowledges that he or she has not been coerced or convinced by Releasees, 1Fear farm ie, or anyone else to participate in the Experience. Releasing Party acknowledges that he or she has been able to ask questions regarding the Experience, and that all questions have been answered.
MEDIA RELEASE
- Releasing Party acknowledges that his/her participation in the Event may be recorded (whether by means of audiovisual and/or photographic means) (the “Materials”). Releasing Party also hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE Releasees from and against any and all Liability in any manner connected with the use and exercise of the rights granted and/or arising out of or related to the use or reuse of Releasing Party’s appearance, name, voice, image, likeness and/or biographical information as they may appear in the Materials (including without limitation, claims based upon harm to reputation, disparagement, invasion of privacy and/or publicity) in connection with the Releasing Party hereby authorizes Fear farm ie, to use the Materials for any purpose whatsoever, including but not limited to in connection with the Program, any other production, the advertising, promotion and/or merchandising of the same and further acknowledge that such recordings may be exploited in any and all media now known or hereafter devised, throughout the world, in perpetuity. Releasing Party understands that he or she shall not be entitled to any compensation in connection therewith.
- Releasing Party understands that neither Fear farm ie nor any third party is obligated to use any portion of the Materials, or to produce or exploit the If Fear farm ie elects to use any Materials, Producer may change, edit, add to or subtract from the same as Fear farm ie, sees fit. Releasing Party hereby waives any right to inspect or approve any Materials or the use to which such Materials may be applied in and in connection with the Program.
- Fear farm ie, may freely assign its rights and obligations herein and this release shall be binding upon Releasing Party and Releasing Party’s successors, licensees, assigns, heirs, executors and administrators.
- All of the above rights are granted without any restriction or reservation of any kind or nature whatsoever and without any right to enjoin or interfere with the production, distribution or exploitation of the In no event shall Releasing Party be entitled to seek to restrain the development, production, distribution, exhibition, marketing, advertising, or other exploitation of the Program, or any other production, or otherwise seek or obtain injunctive or other equitable relief against Fear farm ie, its licensees or assigns.
INDEMNITY AND HOLD HARMLESS
14a . Releasing Party hereby agrees to DEFEND, INDEMNIFY, SAVE AND HOLD HARMLESS the Releasees from any Liability (including from court costs and attorneys’ fees) arising out of or related to this Agreement or Releasing Party’s participation in any way in the Experience and/or Releasing Party’s presence in or upon the premises and facilities and locations where the Experience are or will be taking place. Releasing Party also hereby agrees to DEFEND, INDEMNIFY, SAVE AND HOLD HARMLESS the Releasees from any Liability (including from court costs and attorneys’ fees) caused by or arising out of any statement, action or failure to act by Releasing Party during or in connection with Releasing Party’s participation in the Experience, a breach of this Agreement, and/or arising out of Releasing Party’s improper, tortious, and/or criminal conduct.
MISCELLANEOUS
- Releasing Party agrees and understands that this Agreement shall be governed by and interpreted under the laws of This Agreement is intended to operate and be construed as broadly as allowed under California law, and any dispute regarding the enforceability of this Agreement shall be filed in the courts of the County of San Bernardino in the State of California and shall not be transferred to any other state or jurisdiction.
- Releasing Party agrees and understands that this Agreement is intended to be fully severable and that if any portion of this Agreement is found to be void or invalid, the remainder of the Agreement shall be enforced to the fullest extent of the That shall include modifying the Agreement to allow the remainder of claims to be waived, released, and indemnified against in the event that the inclusion of any particular type of claim is found to be invalid or contrary to public policy.
- I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT THIS IS AN IMPORTANT LEGAL I
FURTHER UNDERSTAND THAT BY SIGNING THE AGREEMENT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHTS OF MY FAMILY. I SIGN THIS DOCUMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.