HOCO PIRATE ADVENTURES EXPRESS ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT

Please read and be certain you understand the implications of agreeing.

Express Assumption of Risk Associated with Recreational Activities

Participation in HoCo Pirate Adventures events (hereinafter the “Activity”) may require that I and/my dependent engage in strenuous physical activity. This creates possible risks, dangers, and hazards, including the risk of severe or fatal injury to myself or others. I hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks to myself and/or my dependents associated with the recreational activity described as, but not limited to the Activity in which I am about to engage. I express, willing, and voluntarily assume full responsibility for all risks of any and every kind involved with or arising from my, others, and/or my minor child(ren)’s participation in activities with HoCo Pirate Adventures. Inherent hazards and risks include, but are not limited to:

1. Risk of injury from the activity and equipment utilized.
2. Possible equipment failure and/or malfunction of my own or other’s equipment.
3. This activity or portions of it takes place outdoors. The risk of injury and/or illness- including that of COVID-19 and any others, disability and/or death from the activities involved in the Hunt is significant including but not limited to: sprains/strains/fractures/burns, cuts and tears, bruises, heat and cold injuries, various water-related injuries, accidents and/or injuries involving vehicles, animal and/or insect bites and/or stings, contact with poisonous plants, accidents and/or injury involving but not limited to falling, slipping, sliding, running, travel by truck, car or other convenience, heart attack, potential for permanent paralysis and/or death, illness, those risks created by other Hunt participants.
4. I understand that the Hunt activities may be dangerous and could cause bodily harm, illness, injury or death to myself and/or others and that I am not in any way required to participate but am choosing to of my own free will.

AFTER OPPORTUNITY TO FULLY INFORM MYSELF ABOUT THE HUNT, I KNOWINGLY AND FREELY ASSUME AND ACCEPTS ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN AND ASSUME FULL RESPONSIBILITY AND ALL RISKS OF ALL NATURE FOR MY PARTICIPATION IN THE HUNT.

Release of Liability, Waiver of Claims, and Indemnity Agreement

In consideration of being permitted to participate in the activity described above and related activities, I hereby agree, acknowledge, and appreciate that:

1. I hereby release and hold harmless with respect to any and all injury, disability, death, or loss of damage to person or property. Whether caused by negligence or otherwise, the following named persons or entities (herein referred to as “releasees”): HoCo Pirate Adventures and its subsidiary affiliates.
2. To release the releasees, their officers, directors, employees, contractors, representatives, agents, volunteers, and affiliates from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assignees may have personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releasees or otherwise. By executing this document and participation in this activity, I agree to hold the releasees harmless and indemnify them in conjunction with any injury, disability, death, loss, or damage to person or property that may occur as a result of engaging in the above activities.
3. By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releasees, other than what is set forth in this Agreement. This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, AND I FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY AGREEING TO IT, AND AGREE TO IT FREELY AND VOLUNTARILY WITHOUT INDUCEMENT. I REPRESENT THAT I AM OVER 18 AND LEGALLY COMPETENT TO EXECUTE THIS AGREEMENT ON BEHALF OF MYSELF AND MY MINOR CHILD(REN), WHICH SHALL BE A BINDING COMMITMENT.

I, the parent/guardian of a child/children that are going to participate in the Activity, have read through this waiver and all its terms, and I hereby give my approval to this child’s participation in the Activity. I assume all risks and hazards incidental to my child’s participation in HoCo Pirate Treasure Hunt and I hereby waive, release, absolve, indemnify and agree to hold harmless the Administrators, as defined above, for any injury to my child and from any and all claims, causes of actions, obligations, lawsuits, charges, complaints, controversies, covenants, agreements, promises, damages, costs, expenses, responsibilities, of whatsoever kind, nature or description, whether, direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, from all claims or liabilities of any kind arising out of or connected with my child’s participation in the Activity. I consent to the foregoing and grant permission for him/her to participate in the Activity. I acknowledge I have carefully read, accepted, and agreed to the terms on this Release of Liability, Waiver of Claims, Express Assumption of Risk, and Indemnity Agreement, and know and understand its contents and agree to the same on my free act and deed.

I understand that by clicking the “I agree with Terms & Conditions” checkbox on the hocopirateadventures.com website checkout page, an action which is required to complete the transaction and receive the product, I agree to all of the above for myself and all adults/children that participate in the Activity in any way as a result of my action obtaining the Activity from the releasees.