Must agree to
Liability Waiver & Release
By participating in this event, and purchasing a ticket, I fully and completely agree with the terms of this Liability Waiver & Release (READ BELOW). Also read our Official Rules prior to purchase.
Read completely.
Must agree to
Liability Waiver & Release
Read fully before purchase.
Also read our Official Rules prior to purchase.
LIABILITY WAIVER & RELEASE PARTICIPANT LIABILITY WAIVER AND RELEASE AGREEMENT (the "Agreement") is made as of 08/09/2021 by Buried Treasure Box L.L.C, as the person or entity receiving indemnity (hereinafter referred to as the "Releasee" or “Sponsor”), located in Genesee County Michigan, and Ticket Holder - Participant, as the person or entity releasing the releasee. At times the Releasee or Releasor may be referred to as the "Party" or may be collectively referred to as the "Parties”.
WHEREAS, by entering, and in return for the consideration described below, ALL participants IN THE TREASURE HUNT, participant’s HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS release and agree to defend, indemnify and hold harmless the SPONSOR or the Releasee from any and all liabilities, losses, claims, judgments, suits, fines, penalties, demands or expenses, including, but not limited to: All reasonable costs for defense and investigation thereof (including but not limited to attorney's fees, court costs and expert fees) claimed by anyone by reason of injury or damage to persons or property sustained in or around the activity or event described below as a proximate result of the acts or omissions of the Releasee, its agents, successors and assigns or arising out of the operation or actions of the Releasee upon or about the activity or event described below except when such liability may result from the sole negligence of the Releasee, its officers, directors, agents, servants, and/or employees; provided however, that upon the filing of any claim with the Releasor for damages arising out of incidents for which the Releasee herein agrees to hold Releasor harmless, then and in that event the Releasor shall notify Releasee of such claim and Releasee shall have the right to settle, compromise, and/or defend the same.
DESCRIPTION OF ACTIVITY:
This is a clue or riddle-based Treasure Hunt where the participant purchases a ticket for a riddle or clue that will lead to a Buried Treasure Box or prize.
DESCRIPTION OF CONSIDERATION:
In consideration of being permitted to participate in the activity, I for myself, my personal representatives, executors, or administrators hereby:
Release and forever discharge Buried Treasure Box L.L.C. and its employees, affiliates, representatives or successors of all liability, claims, demands, damages, costs, expenses, actions and causes of action in respect of death, loss, injury or damage to myself or any property however caused, arising out of my participation and/or involvement in the activity, and notwithstanding that any claim may have been contributed to or occasioned by the negligence of Sponsor, or any of the Releasees.
Agree that in the event that any arrangement of this Release and Indemnity is held to be invalid or unenforceable by any court of competent jurisdiction, the invalidity or unenforceability of such arrangement will not affect the remaining arrangement of this Release and Indemnity which shall continue to be enforceable.
Agree that this Liability Waiver and Release shall be interpreted largely to provide a release and waiver to the maximum extent permissible under applicable law.
Confirm that I have carefully read this Waiver and Release and fully understand its contents. If I am under 18 years of age at the time of participation, my parent or legal guardian has also completely reviewed this Waiver and Release, understands, and consents to its terms, and authorizes my participation in the activity.
Confirm that I have carefully read this Waiver and Release and fully understand its contents. I am above 18 years of age at the time of participation and physically capable of participating and I have completely reviewed this Waiver and Release, understands and consents to its terms in their entirety, and voluntarily authorize my participation in the activity. I hereby certify that I have read, understand, and agree to be bound by this document. Additionally, I certify that each member of my team is aware of this Waiver and Release, has read and agreed to it before participating in activity.
REPRESENTATION ON AUTHORITY OF PARTIES/SIGNATORIES
Each party signing this Agreement represents and warrants that s/he is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms.
MODIFICATION OF AGREEMENT
This Agreement may be supplemented, amended, and/or modified only by and through the mutual agreement of all parties. No supplement or modification of this Agreement shall be binding unless done so in writing and signed by all parties to this Agreement. GENERAL WAIVER The failure of any party at any time to require performance of any provision or to resort to any remedy provided under this Agreement shall in no way affect the right of that party to require performance or to resort to a remedy at any time thereafter, nor shall the waiver by any party of a breach be deemed to be a waiver of any subsequent breach. A waiver shall not be effective unless it is in writing and signed by the party against whom the waiver is being enforced. ENTIRE AGREEMENT This is the entire agreement between the aforementioned parties. It replaces and supersedes any and all oral agreements between the parties, as well as any prior writings.
ENFORCEABILITY, SEVERABILITY AND/OR REFORMATION
In the event that any covenant, provision and/or restriction is found by a court of competent jurisdiction to be unenforceable, such provision shall be modified, rewritten or interpreted to include as much of its nature and scope as will render it enforceable. In the event it cannot be so modified, rewritten or interpreted to be enforceable in any respect, it will not be given effect, and the remainder of the Agreement shall be enforced as if such provision was not included. In the event that any court determines that any of the covenants, provisions or restrictions to be excessive in duration or scope or to be unreasonable or unenforceable under the laws of that state, it is the intention of the parties that such restriction may be modified or amended by the court to render it enforceable to the maximum extent permitted by the laws of that state. GOVERNING LAWS The validity, construction and performance of this Agreement shall be governed and construed in accordance with the laws of Michigan applicable to contracts made and to be wholly performed within such state, without giving effect to any form of conflict of law provisions thereof. The Federal and State courts located in Michigan shall have sole and exclusive jurisdiction over any disputes arising under the terms of this Agreement.
JURISDICTION AND VENUE
This Agreement is to be construed pursuant to the current laws of the State of Michigan. In the event that any dispute shall arise under or in connection with the agreement or related to any matter which is the subject of the agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts located in Michigan.
THE PURCHASER/PARTICIPANT HAS READ, UNDERSTAND and ACCEPT THIS AGREEMENT,
By participating in this event, and purchasing a ticket, I fully and completely agree with the terms of this Liability Waiver & Release.