Terms & Conditions
GUEST RELEASE AND WAIVER OF LIABILITY, PROMISE NOT TO SUE, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
To provide the most fun and interactive experience possible, we require that each person that purchases a ticket to or enters HideSeek Chicago (we refer to each such person simply as “Guest”) agrees to this Guest Release and Waiver of Liability, Promise Not To Sue, Assumption of Risk, and Indemnity Agreement (“Agreement”).
PLEASE READ THIS AGREEMENT CAREFULLY. THIS IS A LEGAL DOCUMENT AFFECTING THE LEGAL RIGHTS OF EACH GUEST THAT PURCHASES A TICKET TO OR ENTERS HIDESEEK, OWNED AND OPERATED BY EXPERIENCE FIRST PRODUCTIONS CORP.
By purchasing a ticket to or entering HideSeek, Guest demonstrates a desire to experience HideSeek, an immersive, interactive pop up art installation experience provided by Experience First Productions Corp, a Delaware limited liability company (the “Company”). As good and valuable consideration for being permitted by the Company to experience HideSeek, Guest agrees to all of the terms and conditions set forth in this Agreement.
ACKNOWLEDGEMENT OF RISKS. Guest is aware and understands that HideSeek is an immersive, interactive pop up art installation experience that inherently involves potential risks and dangers.
ASSUMPTION OF RISKS. NOTWITHSTANDING THE RISKS AND DANGERS INHERENT IN EXPERIENCING HIDESEEK, GUEST KNOWINGLY AND VOLUNTARILY AGREES TO ASSUME ANY AND ALL RISKS CONNECTED WITH THE HIDESEEK EXPERIENCE, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF ANY “RELEASEES” NAMED BELOW OR OTHERS AND ASSUMES FULL RESPONSIBILITY FOR GUEST’S VOLUNTARY PARTICIPATION IN THE HIDESEEK LLC EXPERIENCE. LIABILITY WAIVER, RELEASE AND PROMISE NOT TO SUE. GUEST AGREES TO WAIVE, RELEASE AND FOREVER DISCHARGE ANY AND ALL CLAIMS, NOW KNOWN OR HEREINAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST THE COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, AND THE OWNERS OR LESSEES OF ANY PREMISES USED FOR HIDESEEK LLC (COLLECTIVELY, “RELEASEES”) IN CONNECTION WITH OR RELATED TO HIDSEEK, WHETHER ARISING OUT OF THE NEGLIGENCE OF ANY RELEASEES OR OTHERWISE. GUEST ALSO PROMISES NOT TO BRING OR ASSERT (OR PERMIT A THIRD PARTY, INCLUDING GUEST’S HEIRS, FAMILY MEMBERS, EXECUTORS OR ADMINISTRATORS, TO BRING OR ASSERT) ANY CLAIM, DEMAND, SUIT OR ACTION WHATSOEVER THAT GUEST MAY NOW OR IN THE FUTURE HAVE AGAINST THE RELEASEES THAT ARISE OUT OF OR ARE CONNECTED WITH HIDESEEK OR THE USE AND EXERCISE OF THE RIGHTS GRANTED TO THE COMPANY IN THIS AGREEMENT. SUCH CLAIMS, DEMANDS, SUITS AND ACTIONS INCLUDE, BUT ARE NOT LIMITED TO, NEGLIGENCE, LIBEL, VIOLATION OF PRIVACY RIGHTS, EMOTIONAL DISTRESS/PAIN AND SUFFERING, LOSS OF/DAMAGE TO PROPERTY, DEATH, OR BODILY INJURY.
COVID-19 is an extremely contagious disease that can lead to severe illness and death. An inherent risk of exposure to COVID-19 exists in any public place regardless of precautions that may be taken. The ticket holder, on his/her behalf and on behalf of any accompanying party, agrees to (1) assume all risks associated with COVID-19 and other communicable diseases; and (2) comply with all related health and safety policies of HideSeek.
RELEASE AND WAIVER OF UNKNOWN CLAIMS. Guest understands that the release and waiver of liability set forth above covers claims which Guest may not know about or suspect may exist at this time. INDEMNITY. GUEST KNOWINGLY AGREES TO HOLD HARMLESS, DEFEND, AND INDEMNIFY EACH OF THE RELEASEES FROM ANY LOSS, LIABILITY, CLAIM, DAMAGE, JUDGMENT, LEGAL FEES OR COSTS ARISING FROM, INCURRED DUE TO, OR OTHERWISE IN CONNECTION WITH HIDESEEK, WHETHER ARISING FROM THE NEGLIGENCE OF ANY RELEASEES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW. NOTICE OF FILMING OR RECORDING.
Guest authorizes HideSeek, the Company, and those acting pursuant to its authority to record Guest’s image, likeness and voice in video, audio-video, photographic, analog, digital, or electronic format, or any other copying or recording medium (still or moving) now know or hereinafter created. Guest understands and agrees that all photographs, audio recordings, and video footage taken of Guest while at HideSeek and any guest book entries of Guest (if applicable), and any works derived therefrom, will be the sole property of the Company and that the Company may, but does not have the obligation to, share such photographs, audio recordings, or video footage with Guest. The Company or other parties may use such recordings as provided in Section 7. GUEST NAME AND LIKENESS. When Guest appears in, creates, uploads, posts, or sends any photographs, audio recordings, or video footage depicting or relating to HideSeek, Guest grants the Company the unrestricted, worldwide, royalty-free, perpetual right and license (with the right to transfer or sublicense) to use Guest’s name, likeness, voice, and all other aspects of Guest’s persona for the purpose of operating, developing, providing, promoting, advertising, and improving HideSeek or any other products or services provided by the Company or its sublicensees (in either case, now known or developed later). This means, among other things, that Guest will not be entitled to any compensation from the Company, its affiliates, or its business partners if Guest’s name, likeness, or voice is used in HideSeek promotions, whether on the Company’s website, social media channels, or otherwise. Guest hereby releases the Company and those acting pursuant to its authority from liability for any violation of any personal or proprietary right Guest may have in connection with such use. GUEST CONTENT. If Guest creates, uploads, posts or sends any photographs, audio recordings, or video footage depicting or relating to HideSeek, Guest grants the Company and its affiliates the irrevocable, unrestricted, worldwide, perpetual, royalty-free, sublicensable, and transferable right and license to use, display, reproduce, perform, modify, transmit, publish, and distribute such photographs, audio recordings, or video footage for any purpose whatsoever in any and all media (in either case, now known or developed later). Guest also agrees to not exploit any photographs, audio recordings, or video footage of HideSeek for any commercial purpose without the Company’s prior written consent.
FITNESS AND RESPONSIBLE BEHAVIOR. Guest represents that Guest (and any children or other people under Guest’s responsibility or control): (a) is not under the influence of any alcohol, drugs or medications that would alter their senses or judgment, (b) is not aware of any physical, emotional, or other condition such as claustrophobia, a heart condition, back condition, history of seizures, and/or sensitivity toward flashing lights that would create a hazard to Guest or others as a result of experiencing HideSeek; (c) is physically fit and able to undertake conditions involved in experiencing HideSeek; and (d) will act responsibly during his, her, or their visit to HideSeek.
EMERGENCY MEDICAL CARE. Guest authorizes and consents to emergency medical care and transportation to obtain treatment in case of injury, as the Company may deem appropriate. Guest expressly agrees to be financially responsible for such care and acknowledges that Guest is solely responsible for carrying his, her, or their own health insurance. The waiver and release of liability in this Agreement extends to any liability arising out of or in any way connected with any such medical treatment and transportation Guest receives or any failure to provide such treatment or transportation, whether arising from the negligence of any of the Releasees or otherwise. INVALIDITY. Guest expressly agrees that the terms of this Agreement are intended to be as broad and inclusive as is permitted under the laws of the State of California. If any portion (e.g., paragraph or sentence) of this Agreement is held invalid, illegal, or unenforceable to any extent and for any reason by any court of competent jurisdiction, such portion will be excluded to the extent of such invalidity or unenforceability; all other terms of this Agreement will remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term will be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. REFUNDS. Guest understands that all sales are final. HideSeek is unable to offer refunds after a ticket has been purchased; however, a refund may be issued when an event is canceled. If an event is canceled, a refund in the amount of the face value of the ticket will be issued to customers who purchased tickets. Service, delivery and transaction fees will not be refunded.
MERCHANDISE. Guest understands that exclusive merchandise to be sold at HideSeek is limited in quantity and is only available while supplies last. Guest further acknowledges that purchasing a ticket to HideSeek only entitles Guest to enter HideSeek and that purchasing a ticket to or entering HideSeek does not guarantee that Guest will be able to purchase any such exclusive merchandise to be sold in HideSeek.
MISCELLANEOUS. This Agreement states the complete understanding as to its subject matter, and may only be modified (or any provision waived) by a writing signed by the parties. Guest understands this Agreement is legally binding on Guest, and Guest’s heirs, personal representatives, and assigns, and all matters arising from, relating to, or connected will be governed by and interpreted under the laws of the State of Illinois, without regard for any principles that would cause the application of the laws of any other jurisdiction. Guest agrees to waive trial by jury in any legal proceeding involving, directly or indirectly, any matter (whether sounding in tort, contract or otherwise) in any way arising out of or related to this Agreement or the relationship created or evidenced hereby, and, without limiting any other provision of this Agreement, Guest hereby further agrees that his, her, or their remedy (if at all) shall be limited to an action for monetary damages, if any, and in no event shall Guest be entitled to injunctive or other equitable relief. If any dispute arises over the meaning or interpretation of this Agreement, it shall not be construed against a party on the basis or theory that said party drafted or was responsible for this Agreement or the language being interpreted in this Agreement. In the event of a dispute, the Parties agree that the prevailing party is entitled to recover its reasonable costs and expenses, including but not limited to reasonable attorneys’ fees.
CONSENT TO ELECTRONIC TRANSACTIONS. Guest hereby consents to contracting and transacting electronically. Electronic signatures, whether digital or encrypted, are intended to authenticate this Agreement and to have the same force and effect as manual signatures. To be clear, Guest will be deemed to have consented to the terms of this Agreement by purchasing a ticket to or entering HideSeek. Guest hereby consents that marking that they have read, understand, and agree to this Agreement constitutes an electronic signature and consent to abide by the terms of this Agreement.
PARENT/GUARDIAN CONSENT FOR GUESTS UNDER THE AGE OF 18. Guest agrees that he or she is over the age of 18 and/or the parent or guardian of a Guest that is under the age of 18 (“Minor”). If Guest is a parent or guardian of a Minor, Guest acknowledges and agrees that: (a) Guest consents to the Minor entering into this Agreement; (b) Guest guarantees that the Minor will not at any time disaffirm this Agreement by reason of the Minor’s age, capacity or otherwise; and (c) Guest, on behalf of Guest, the Minor and the Minor’s heirs, family members, executors or administrators, releases and holds harmless the Releasees from any and all liabilities incident to the HideSeek experience, as provided in this Agreement, even if arising from the negligence of the Releasees, to the fullest extent permitted by law.
BY PURCHASING A TICKET TO OR ENTERING HIDESEEK, GUEST ACKNOWLEDGES THAT GUEST HAS READ THIS AGREEMENT, FULLY UNDERSTANDS ITS TERMS, UNDERSTANDS THAT GUEST HAS GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, INCLUDING THE RIGHT TO SUE THE RELEASEES, AND SIGNS IT FREELY AND VOLUNTARILY WITHOUT INDUCEMENT.