Warning! Where applicable, if you are under 18, you must be registered by a parent or guardian.
You must be the parent or legal guardian to register someone under 18 years old. By registering a child under 13, you are consenting to the collection of the child’s information you are providing for the purposes of registration.
CONSENT, RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
You must read this agreement, scroll to the bottom of this form and mark the checkbox to acknowledge your acceptance of the terms of this agreement to continue.
READ THIS DOCUMENT CAREFULLY BEFORE AGREEING TO ITS TERMS. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND MAY AFFECT YOUR LEGAL RIGHTS AND MAY ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.
NOTE TO MINORS: You may only participate in the Scavenger Hunt and the mobile Gish Application Challenges if given permission to do so by your parent(s) or legal guardian. Your parent(s) or legal guardian must review and agree to the terms of this agreement on your behalf.
NOTE TO PARENTS/GUARDIANS OF MINORS: To the extent that you are registering a minor child/ward in the Scavenger Hunt or allowing a minor child/ward to participate in challenges on the mobile Gish Application, you must be the parent or legal guardian of that minor child/ward and agree that the terms of this agreement shall apply equally to yourself and the Minor Child.
I understand that the projects, activities, items and challenges (Activities) related to the scavenger hunt called GISH (The Good Hunt) and the mobile Gish application (GISH App) managed by GISHWHES, LLC (GISH), are suggested Activities presented with the understanding that the registered or unregistered users or participants (Participants) engaging in these Activities do so as volunteers, at their own physical, legal and mental risk. This document is intended to release GISH, to the maximum extent permitted by law, from any and all liability associated with my engaging in such Activities.
I (or my minor child/ward) recognize and understand that engaging in the Activities involves certain inherent risks, including but not limited to, the potential for death, serious physical injury, extreme emotional distress, mental or physical illness and property loss. I hereby acknowledge and agree that: (1) I am voluntarily engaging in the Activities, whether supervised or unsupervised, monitored or unmonitored by GISH at my own risk and with full knowledge and appreciation of any and all physical, mental and legal dangers and risks inherent therein; and (2) any and all Activities detailed through materials, lists, challenges, published posts, and directions provided by or made available through GISH are provided on an as is and as available basis and neither GISH nor any other person or entity in connection with the Scavenger Hunt and the Gish App make any warranty whatsoever as to the safety or effectiveness of any Activity that I undertake; and (3) GISH is not responsible for any of the injuries, damages or loss (financial or otherwise) that I may incur in connection with my participation in the Scavenger Hunt or engaging in any of the Activities.
I also recognize and understand that the GISH does not intend for Participants to violate any laws, regulations or codes (national or international) in connection with the Activities. I acknowledge and agree that:
I also recognize and understand that GISH has not arranged for and does not carry any insurance of any kind for my benefit and that I will be solely responsible for obtaining and paying for any necessary medical, life, accident, automobile, property or other insurance relative to my participation in Scavenger Hunt or challenges related to the Gish App.
I HEREBY ASSUME FULL AND SOLE RESPONSIBILITY FOR ANY AND ALL RISKS OF ANY PHYSICAL OR MENTAL INJURY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, INJURY, ILLNESS, DEATH AND/OR PROPERTY DAMAGE SUFFERED BY ME ASSOCIATED WITH MY VOLUNTARY PARTICIPATION IN THE ACTIVITIES, SCAVENGER HUNT AND/OR GISH APP.
I HEREBY ASSUME FULL AND SOLE RESPONSIBILITY FOR ANY AND ALL LEGAL RISKS, IMPLICATIONS AND RAMIFICATIONS OF ANY KIND, RELATING TO MY PARTICIPATION IN THE ACTIVITIES, THE SCAVENGER HUNT AND/OR GISH APP, INCLUDING BUT NOT LIMITED TO THE VIOLATION OF ANY APPLICABLE LAWS, REGULATIONS OR CODES BY MYSELF.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, I, FOR MYSELF AND ON BEHALF OF MY HEIRS, EXECUTORS, AGENTS, SUCCESSORS OR ASSIGNS, AGREE TO RELEASE AND HOLD HARMLESS GISH, ITS AFFILIATES, AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, VOLUNTEERS AND AGENTS (COLLECTIVELY, THE RELEASED PARTIES) FROM ANY LIABILITY, ILLNESS, INJURY, DEATH, LOSS, LITIGATION, OR DAMAGE THAT MAY OCCUR, DIRECTLY OR INDIRECTLY, WHETHER CAUSED BY NEGLIGENCE OR NOT, FROM MY PARTICIPATION IN THE ACTIVITIES, THE SCAVENGER HUNT AND/OR GISH APP.
NOTHING IN THIS AGREEMENT AND WAIVER SHALL BE CONSTRUED AS LIMITING OR EXCLUDING GISH’S LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR ATTEMPT TO EXCLUDE LIABILITY. I UNDERSTAND THAT MY STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED BY THIS AGREEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, I AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL LOSSES, LIABILITIES OR EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS FEES, RESULTING FROM ANY CLAIMS, PROCEEDINGS OR INVESTIGATIONS ARISING FROM OR IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITIES, THE SCAVENGER HUNT AND/OR THE GISH APP OR COMPLIANCE OR NON-COMPLIANCE WITH THE OFFICIAL RULES AND REGULATIONS OF THE SCAVENGER HUNT AND/OR GISH APP.
TO THE EXTENT THAT I AM REGISTERING A MINOR CHILD/WARD, I CERTIFY THAT I AM THE MINOR CHILD’S PARENT OR GUARDIAN. I HEREBY GIVE MY APPROVAL FOR MINOR/CHILD/WARD’S PARTICIPATION IN THE SCAVENGER HUNT AND/OR GISH APP AND ACKNOWLEDGE THAT I HAVE REVIEWED, UNDERSTOOD AND AGREE TO THE TERMS OF THIS AGREEMENT (SUCH TERMS BEING INTERPRETED AS IF THEY APPLY TO BOTH ME AND THE MINOR/CHILD WARD) AND HAVE THE LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE MINOR CHILD/WARD.
I FULLY UNDERSTAND ALL OF MY RIGHTS OBLIGATIONS, PROMISES AND AGREEMENTS. IN PARTICULAR, I UNDERSTAND THAT I AM WAIVING AND GIVING UP CERTAIN LEGAL RIGHTS TO SUE UNDER THIS AGREEMENT.