PARTICIPANT AGREEMENT AND RELEASE FROM LIABILITY
I acknowledge that I voluntarily agree to participate in the HBO Lovecraft Drive-Ins 2020 (the “Experience”). I understand that I may, among other things, (i) drive through different spaces featuring special lighting, visual and sound effects, and custom art and props; (ii) be exposed to content intended for mature audiences; (iii) consume food and beverages; and (iv) be exposed to crowds of people in motor vehicles. I further acknowledge that I may be exposed to risks related to COVID-19 as detailed below.
As an inducement to Home Box Office, Inc. and Giant Spoon LLC (collectively, “Producer”) in allowing me to be a participant in the Experience, for good and valuable consideration, receipt of which is hereby acknowledged, I am making the representations, disclosures and agreements described below.
1. Age/Fitness: I am at least 18 years of age. I am in good physical and emotional health. I am not on any medication or taking any drugs or under the influence of alcohol that would affect (whether impair, weaken or enhance) my mental or physical ability to participate in the Experience.
2. Code of Conduct: In order to provide a safe and enjoyable experience for all guests, as a visitor to the Experience, please be courteous to those around you and refrain from dangerous or disruptive behavior, including, but not limited to:
· Carrying or displaying firearms or other weapons of any kind, where real or toy
· Fighting, engaging in intimidating, disorderly or disruptive behavior
· Using obscene or offensive language or gestures
· Being intoxicated or under the influence of illegal drugs
· Possessing or consuming alcohol on the premises
· Failure to comply with social distancing protocols and COVID-19 safety guidelines from the Center for Disease Control (CDC), state and local government(s) and any additional guidelines provided by Producer
In addition, the Experience includes a screening of an episode of the television series Lovecraft Country that has not yet been broadcast. Out of consideration for all of the fans waiting to see this episode when it airs – without spoilers – please do not record any still images or footage of the episode and or share details about the episode with anyone else.
By participating in the Experience, I agree to comply with this Code of Conduct. In the event I engage in any conduct that violates this Code of Conduct or is otherwise obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person (as determined by Producer in its sole and absolute discretion), Producer reserves the right to have me removed from the Experience.
3. Acknowledgement of Risk: I acknowledge that I have been advised and informed about the Experience and that the Experience is inherently dangerous and may entail risk of injury, including the possibility of personal injury, property damage and death. I understand and agree that as a direct and/or indirect result of such participation in the Experience, there is a risk of serious illness and disorientation, physical injury, physical disability and/or death to myself or others including, without limitation, resulting from: (i) disorientation, emotional distress, or physical illness (e.g., vertigo, nausea, emotional upset, dizziness); (ii) any defects in and/or failure of any props, vehicles, equipment, surfaces or structures used in connection with the Experience; (iii) any defect in or failure to give warnings or instructions; (iv) the Experience being held outdoors, which carries additional risks, including, but not limited to, those caused by terrain, facilities, temperature, weather, environment, vehicular traffic, lack of hydration and actions of other people, including, but not limited to, participants, pedestrians, spectators and instructors; (v) transportation to or from the Experience, and/or (vi) any food or beverage allergies or food borne illnesses.
Additionally, while Producer is taking reasonable safety measures in line with COVID-19 safety guidelines from the CDC and state and local governments, I acknowledge that participation in the Experience involves inherent risk of exposure to infection from COVID-19, including without limitation, exposure to people, surfaces, objects and/or air that may be contaminated with COVID-19.
By participating in the Experience with full knowledge of the above risks, I hereby freely accept and voluntarily assume all risks including all of the foregoing and those of personal injury, property damage and/or death which result in any way from the Experience. I acknowledge that neither Producer nor any contractor or employee of Producer or provider of equipment for the Experience has made any warranties whatsoever with respect to equipment or services which are furnished in connection with the Experience, and that there are no warranties of any kind from anyone regarding the fitness or suitability of any equipment or services for use in connection with the Experience. I agree to act in strict compliance with all directions and instructions of Producer or any of its subcontractors, business partners and/or agents and any and all applicable laws, rules and regulations related to the Experience.
4. Release: I hereby agree that I, my assigns, heirs, next of kin, spouse, guardians, and legal representatives (“Releasing Parties”) will not institute or support any claims against, sue, attach the property of, or prosecute anyone associated with the Experience, including without limitation, Home Box Office, Inc., Giant Spoon LLC, and their respective affiliates, co-venturers, partners, contributors, licensees, successors, assigns, officers, directors, employees and agents (collectively referred to as “Released Parties”) from any liability, claims, damages, actions, and causes of action on any legal theory whatsoever, including, but not limited to: (a) any claims for defamation, violation of rights of privacy and/or publicity, intentional infliction of emotional distress, copyright or other intellectual property infringement, and/or any other tort in connection therewith; (b) claims for personal injury, illness, disability, or death (whether due to COVID-19 or otherwise); and/or (c) or damage to property or any other violation, where any claim in (a)-(c) is resulting from the active or passive negligence or other acts, howsoever caused, by any of the Released Parties as a result of (i) my participation in the Experience, and (ii) any claims associated with the risks enumerated in paragraph 3 above. I hereby release the Released Parties in advance, from any and all actions, claims, liabilities, or demands that I and the Releasing Parties now have or may hereafter have for the foregoing. I and the other Releasing Parties acknowledge and agree that by reason of this Agreement, and the release contained in the preceding paragraphs, I and the other Releasing Parties are assuming any risk of unknown facts and such unknown and unsuspected claims.
5. Indemnification: I hereby agree to release, indemnify the Released Parties, and hold them harmless from any and all liability, claims and actions, including attorneys’ fees, of any nature, character and description whatsoever, caused by or arising out of: (a) my statements or actions made in or in connection with my participation in the Experience; (b) any injuries or damages of any kind whatsoever, including, without limitation, personal injury or disability, death or property damage, that myself or any person or other entity may sustain as a result of or incident to my participation in the Experience, including, but not limited to damages, personal injuries or death caused by the negligence and/or breach of warranty express or implied on the part of the Released Parties; (c) any claims associated with the risks enumerated in paragraph 3 above; or (d) breach or alleged breach of this Agreement.
6. Dispute Resolution: Any and all controversies, claims or disputes arising out of or related to this Agreement, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties (“Dispute”), shall be resolved according to the following procedures, which shall constitute the sole dispute resolution mechanism hereunder: I agree to resolve any Dispute through binding arbitration with no class relief instead of in courts. Any arbitration under this release will take place on an individual basis; class arbitrations and class actions are not permitted. Any Dispute, claim or controversy arising out of or relating to the Experience must be filed within one year of the relevant events. The arbitration shall be conducted in the Borough of Manhattan in New York State. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association. There shall be no award of punitive damages. The arbitrator shall have the right to award money damages and other appropriate relief, consistent with the terms of this Agreement; HOWEVER, THE ARBITRATOR SHALL NOT HAVE THE RIGHT TO AWARD INJUNCTIVE RELIEF AGAINST EITHER PARTY OR TO CERTIFY A CLASS ACTION OF ANY KIND. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to enforce or vacate the award.
7. Promotional Release: The Experience may be photographed and/or filmed. I consent to being photographed and filmed, and having my name, image, voice, statements, reactions, pictures, photograph and/or likeness (“Name and Likeness”) used by Producer or those authorized or designated by Producer; and thereby grant to Producer, and their respective agents, successors, assigns and licensees, the absolute right and permission to use my Name and Likeness in any manner whatsoever, in any and all media now known or later developed throughout the universe, in perpetuity, for any lawful purposes whatsoever including, but not limited to, in connection with the distribution, exhibition, advertising, marketing and exploitation of the television series Lovecraft Country.
This release, including all waivers and grants, shall be binding to the fullest extent permitted by law, and may be pled by the Released Parties as a complete bar and defense against any claim, demand, action or cause of action by or on behalf of myself. The terms of this release shall be governed by the laws of the State of New York, without regard to its conflict of law principles