Agreement, Release of Liability, and Assumption of Risk
In consideration for being permitted to participate in the crawl activities organized by Get-A-Clue Adventures LLC (“GAC”), I hereby agree as follows:
Release From Liability. I hereby release any and all claims, causes of action, or demands I may have against GAC, its successors, assigns, officers, agents, representatives, employees and crawl masters (collectively or individually, “Releasees”) for any personal injury, death, property damage, or loss sustained by me as a result of my participation in a crawl offered by Releasees due to any cause whatsoever, including without limitation, negligence on the part of Releases or other participants. I further agree that, if I violate this Agreement, Release of Liability, and Assumption of Risk (“Agreement”) and attempt to bring suit against any one or more of the Releasees, I will be held responsible for attorney’s fees and any costs incurred by that person in defending such action.
Risks Contemplated And Assumed. I am aware that the crawl, in addition to the usual dangers and risks inherent in nighttime and bar activities, has certain additional dangers and risks, some of which include: physical exertion for which I may not be prepared, weather extremes subject to sudden and unexpected change, traveling or walking through unfamiliar locations, or walking through narrow, unpaved and/or steep paths, gangways, roads, stairways, and driveways. I knowingly and willfully accept these risks and the possibility of personal injury, death, or property damage or loss resulting therefrom. I acknowledge that the enjoyment and excitement of the proposed crawl is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and that these inherent risks contribute to the enjoyment and excitement that is a reason for my participation.
Compliance With Crawl Instructions. I agree at all times during the crawl, to abide by and comply with any additional instructions given to me by my crawl master or any other Releasees, and I accept that non-compliance may result in injury, death, or property damage. I understand that non-compliance by me or other participants may result in removal from the crawl or cancellation of the crawl. I acknowledge that to provide clients with the best possible overall experience, crawl masters have the right and authority to add, change, or reduce the total number of bars visited, the routes that teams travel, the trivia questions sent, and the team challenges issued.
Intellectual Property. I agree that all text, images, videos, and other electronic assets sent to my device from GAC during my event is intellectual property owned by GAC. I understand that I have the right to store these assets on my phone indefinitely and that I may show these assets, in person, to third parties, for non-commercial purposes. However, I understand that I may not electronically share these assets with any third party and that I may not post any of these assets to any online location, including Facebook, Instagram, Twitter, etc.
Indemnity Against Third Party Claims. I WILL INDEMNIFY, SAVE AND HOLD HARMLESS Releasees from any and all losses, claims, actions, or proceedings of every kind and character, including attorney’s fees and expenses (“Third Party Claims”), which may be presented or initiated by any other persons and which arise directly or indirectly from (a) my participation in the activities covered by this Agreement or (b) the participation by persons whom I have invited or permitted to participate in the activities covered by this Agreement, whether or not such persons have entered into an agreement with GAC. I understand that this indemnification obligation shall apply whether or not the Third Party Claim results from the negligence and/or other fault of any Releasees or from any other cause.
Non-Reliance. In entering this Agreement, I am not relying on any oral, written, or visual representations or statements by Releasees not contained in this Agreement or any other inducement or coercion to go on the crawl. I confirm that, by my own free will, I have read and understood this Agreement and agree that this Agreement will be binding upon my heirs, next of kin, executors, administrators, and successors.
Inclement Weather. I understand that GAC runs its bar crawl events rain or shine and that inclement weather is not a basis for canceling or rescheduling an event, unless the weather event is perilous or life-threatening. If I am concerned about my event, as originally configured, due to heat, cold, rain, snow, ice, wind, etc., then I may request that GAC alter the event to reduce the distances between bars and/or combine trivia and challenges into fewer bars. I understand that in such instances, GAC will make all reasonable efforts to accommodate my request but is not obligated to do so.
Late Start. I understand that I am responsible for getting my event participants to the assigned starting location by the scheduled start time. If my group is unready at the scheduled start time, resulting in a delayed start, I understand that the event must still end by the deadline published on my crawl guide. I also acknowledge that if my group is unable or unwilling to start the event more than one hour past the scheduled start time, GAC has the right to shorten, compress, or even cancel my event, and I will not be due any refund in such a scenario.
Cancellations. I understand that I may cancel a scheduled crawl at any time, subject to the refund policy in the following section. I also acknowledge that if at any time during the planning process, GAC believes in good faith that, given the parameters of the crawl I am requesting, it cannot deliver an event of acceptable quality, GAC may withdraw from the event, without further recourse, and refund to me any payments I have made to date.
Refunds. Because crawls are planned and reserved specially for each client and because GAC is unable to cancel its obligations on short notice, I understand that no refunds or credits will be given once a crawl has begun. Cancellations within 14 days of a crawl will result in a forfeiture of the $100 deposit and a credit (good for 90 days) for any additional amounts paid. Cancellations more than 14 days prior to the crawl date will result in a full refund.
By purchasing a private crawl package, purchasing a ticket, or by clicking the Terms and Conditions checkbox on this website, I affirm that I have fully understood and agree to this Agreement.