This Model Release (the “Release”) is entered into as of the below-listed date by the undersigned Parent/Legal Guardian (the “Guardian”) on behalf of the minor participant (the “Model”) in favor of The Scare Factor, LLC with a principal place of business at 5877 S Hanover Saluda Road, Hanover, IN 47243 (the “Producer”).
PERMISSION TO TAKE AND USE MEDIA.
The Guardian, on behalf of the Model, grants the Producer and its employees, agents, independent contractors, licensees, successors, and assigns (the “Producer’s Agents”) the full irrevocable right and permission to take pictures, portraits, digital images, videos, or photographs of the Model and the Model’s property or in which the Model and/or such Property may be included (the “Media”) and use, reuse, publish, republish, reproduce, edit, alter, and otherwise exploit the Media, in whole or in part, and in conjunction with the Model’s name for any lawful purpose whatsoever, except pornography, and in all forms of media now known or unknown, including, but not limited to internet content, social media posts, YouTube videos, billboards, and advertisements (the “Media Use”).
RIGHTS AND OBLIGATIONS.
The Guardian, on behalf of the Model, grants and assigns to the Producer and the Producer’s Agents all right, title, and interest in and to the Media, including, but not limited to, copyright. The Guardian, on behalf of the Model, understands and agrees that the Media and all raw digital files shall be the sole property of the Producer and neither the Guardian nor the Model shall have any right to: (i) inspect or approve the Media; (ii) inspect or approve any text, graphics, images, or other content created in connection with or combined with the Media; or (iii) receive any royalties or other compensation arising from or related to the Media Use.
RELEASE.
The Guardian, on behalf of the Model, agrees to release, discharge, and hold harmless the Producer and the Producer’s Agents from any and all damages, liabilities, costs, expenses, claims, and/or judgments of any kind or nature whatsoever arising from the Media Use, including, but not limited to, those based on copyright infringement, invasion of privacy, right of publicity, libel, defamation, or false light, or resulting from any alteration, blurring, optical illusion, use in composite form, distortion, or other modification that may occur, intentionally or otherwise, in connection with taking the Media, processing the Media, or the Media Use. The Guardian, on behalf of the Model, acknowledges and agrees that this Release is binding on the Model’s heirs, legal representatives, and assigns.
ASSUMPTION OF RISK & GENERAL LIABILITY WAIVER.
The Guardian acknowledges that visiting haunted attractions and related experiences involves inherent risks, including but not limited to dark environments, uneven terrain, startle scares, fog, strobe lights, and moving props. The Guardian voluntarily assumes all physical and psychological risks associated with attending these events. The Guardian, individually and on behalf of the Model, agrees to hold harmless, release, and indemnify The Scare Factor, LLC, its owners, and its agents from any and all claims, injuries, damages, or liabilities, whether physical, emotional, or financial, arising out of their participation in these visits or travel to and from the locations.
The Guardian specifically agrees to indemnify and hold harmless The Scare Factor, LLC from any future claims or lawsuits brought by the Model upon reaching the age of majority that attempt to disaffirm or void this Release.
MEDICAL CONSENT.
In the event of an injury or medical emergency involving the Model, the Guardian hereby grants permission to The Scare Factor, LLC and its agents to seek, authorize, and consent to emergency medical care and treatment for the Model. The Guardian acknowledges that The Scare Factor, LLC is not responsible for any medical expenses incurred.
PROFESSIONAL CONDUCT & CONFIDENTIALITY.
The Guardian agrees to ensure that the Model acts safely, soberly, and respectfully at all times while representing or accompanying The Scare Factor, and follows all rules set by the host attraction. The Guardian further agrees that neither they nor the Model will disclose any non-public information, backstage access, trade secrets, or proprietary review operations witnessed during the visit.
The Guardian acknowledges that The Scare Factor, LLC is a media entity, not a childcare provider. If the Guardian is not physically present during the event, the Guardian assumes full responsibility for the Model’s transportation, safety, and adherence to this agreement.
GUARDIAN’S REPRESENTATIONS AND WARRANTIES.
The Guardian represents that they are 18 years of age or older, that they are the legal parent or guardian of the Model, and that they have the full legal capacity and authority to execute this Release on the Model’s behalf. The Guardian further represents that granting these rights will not conflict with any other commitments.
The Guardian has read this Release prior to signing it and fully understands its contents, meaning, and impact.