By any measure, guided tours involve minimal risk. Even so, when you buy tickets and participate in our tours, you agree to this legal waiver and release of liability.
Here’s our legal waiver and release of liability in plain English.
When you buy tickets and when you participate in a Gently Haunted Tour, you agree to the following:
- I am taking this tour voluntarily.
- I am in good health, and so are any minor children in my care who are taking this tour.
- I understand there are risks to walking and driving in public.
- I accept personal responsibility for anything that happens to me or my child during a tour.
- If something bad happens to me or my child during the tour, it’s not the Haunted Antique Shop’s fault.
- If I get hurt or lose something, it’s not the Haunted Antique Shop’s fault.
- I release the Haunted Antique Shop from any claims or liability for damages.
- I will be responsible for my own medical expenses if I get sick or hurt during the tour.
- During my tour, I might be included in photos and videos. The Haunted Antique Shop may use those photos and videos to promote their business or in any other way they like, and they do not have to pay me.
- If I violate this agreement and try to sue anyone associated with the Haunted Antique Shop, I will be held responsible for their legal fees and expenses.
- If part of this waiver and liability release is deemed to be invalid or unenforceable, it doesn’t mean the whole agreement is invalid or unenforceable.
Here is our legal waiver and release of liability in detailed legal terms. You should read it.
- Voluntary Participation. I understand and confirm that my participation in a Gently Haunted Tour is voluntary.
- Statement of Good Health. I am in good health and suffer from no physical or mental condition that would make me susceptible to injury or disability while participating in a Gently Haunted Tour. The same holds true for any minor children in my care who are taking this tour.
- Understanding Risks. I am aware of the risks, dangers, and hazards involved in my participation in a Gently Haunted Tour. I understand that Gently Haunted Tours take place in public places, under conditions that are beyond the control of the Haunted Antique Shop’s owners, operators, agents, and employees. Potential risks may include, but are not limited to, uneven walking surfaces, potholes, broken pavement, walkway debris, raised path edges, wet or slippery ground, steps, curbs, low lighting, narrow walkways, traffic movement, traffic accidents, street crossings, construction and diversions due to construction, insect bites, bird strikes, and pickpockets. I am also aware that a walking tour has certain additional dangers and risks, some of which include physical exertion for which I may not be prepared and weather conditions that may change suddenly and unexpectedly.
- Assuming Risks. I understand that personal injury, death, property damage, and property loss are all inherent risks when I go out in public. I assume all risks involved when I participate in a Gently Haunted Tour offered by the Haunted Antique Shop, or when I bring a child on a Gently Haunted Tour. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in a Gently Haunted Tour.
- Release of Liability. I release the Haunted Antique Shop, its owners, operators, principals, agents, tour guides, affiliated entities, parent companies, subsidiaries, present and former employees, officers, members, managers, partners, contractors, insurers, shareholders, and directors (collectively “Released Entities”) from any and all claims, actions, damages, liabilities, losses, costs, and expenses for death, injury, loss or damage of property, in any way arising out of my participation in a Gently Haunted Tour, including, without limitation, any and all claims resulting from the negligence of the Released Entities.
- Indemnity Agreement. I indemnify and hold harmless the Released Entities from any charges of loss, liability, damage, or injury, by anyone claiming to be harmed as a result of my actions during a Gently Haunted Tour.
- Promotion Release. I agree to grant the Haunted Antique Shop, its owners, and its operators a perpetual, royalty-free license to use my photographic, video, or digital likeness, in whole or in part, taken during a tour, for any purpose, including but not limited to promotional, educational, and training purposes.
- Consent to Medical Treatment. I authorize the Haunted Antique Shop’s owners, operators, and agents to provide me with customary medical assistance, transportation, and emergency services as the result of an injury or medical emergency during a private Gently Haunted Tour. This consent does not impose a duty upon the Haunted Antique Shop to provide such assistance, transportation, or services. I will be responsible for my own expenses that result from illness, injuries, or accidents during or arising from the tour.
- If I violate this agreement and attempt to bring suit against any part of parties named herein, then I will be held responsible for their attorney’s fees as well as any costs incurred in their legal defense.
- If any portion of this Waiver is held to be invalid it is agreed that the balance of the Agreement will remain valid and enforceable.