Please complete the following waiver to finalize your registration.
Your Information
Night Out For You Experience Agreement Waiver
1. Granting an Experience: Night Out For You Inc. (NOFY) will assist in creating the night out experience request for the person identified as Recipient for an Experience given by Night Out For YOU. NOFY reserves the right in its sole and absolute discretion to decide if an experience will be granted and on what terms, conditions, and cost thereof. NOFY will have no obligation to fulfill an experience if it elects to terminate or abandon such experience pursuant to the termination of an experience clause.
2. Waiver. As a condition of this application and inconsideration in participation in NOFY, the Recipient and all participants waive any and all claims and rights he or she may have or may acquire against NOFY, its officers, directors, employees, agents, servants and volunteers arising out of any injury, damages, or losses suffered by the recipient and all participants arising out of or in any way related to NOFY preparation, participa- tion, execution, or fulfillment of the NOFY experience, regardless of whether such loss or harm is caused by the active, passive, or gross negligence of NOFY or any other
person.
3. Release. As a condition of this application and inconsideration in participation in NOFY, the Recipient from any and all participants together and each of them individually forever release and remise NOFY, its officers, directors, agents, servants, employees, and volunteers from any and all claims, lawsuits, damages, or losses arising out of or in any way related to NOFY preparation, participation, execution, or fulfillment of the NOFY experience, any injury, damages, or losses suffered by the recipient or participants, or any of them of whatever nature, and of whatever extent, regardless of whether such loss or damage is caused by the active, passive or gross negligence of NOFY or any other person
4. Relatives and friends. No person may accompany the Recipient during any portion of the Experience unless specifically agreed to by NOFY.
5. Experience Expenses. The expenses NOFY has agreed to pay for are those foresee- able and directly related to the fulfillment of the Experience and agreed upon in advance by NOFY. The Recipient and any participants on the experience together understand that they may be forced to incur expenses as a result of unforeseen events or circum- stances beyond NOFY's control, especially if the fulfillment of the Experience involves travel. NOFY shall not have any responsibility or liability for expenses incurred by the Recipient and any participants on the experience which have not been expressly as- sumed by NOFY pursuant to this Agreement, which have been caused by unforeseen events or circumstances beyond NOFY's control. For example, a particular Experience may contemplate NOFY paying for a certain specific expense that was not agreed upon before the Experience began. In that event, it will be the sole responsibility of the Recip- ient to pay for all expenses in excess of those for which NOFY agreed to pay for other goods, or services of any nature. It is also the sole responsibility of the Recipient to pay
for items above and beyond those agreed to by NOFY.
6. Grant of Right of Publicity. Participants understand and agree that fulfillment of the Experience may result in publicity, whether or not NOFY actively takes steps to publicize the experience, and agree to have your likeness represented on NOFY's media pages.
Release of Liability Form Relating to COVID-19/Corona Virus for a Night Out For
You Experience:
The novel corona virus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. People reportedly can be infected and show no symptoms and therefore spread the disease. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death. NOFY CANNOT prevent you from becoming exposed to, contracting, or spreading COVID-19 while participating in an experience. It is not possible to prevent the presence of the disease. Therefore, if you choose to participate in an experience, you may be exposed to and/or increase the risk of contracting or spreading COVID-19.
ASSUMPTION OF RISK: I have read and understand the above warning concerning COVID-19. I knowingly and freely assume all risks of contracting COVID-19 for myself and/or minor guests in order to participate in an experience. These services are of such value to me and/or minor guests that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to participate in an experience offered by NOFY.
WAIVER OF LAWSUIT/LIABILITY: I, for myself and on behalf of my heirs, assignees, personal representatives and next of kin, hereby forever release, indemnify, and hold harmless, NOFY and its owners, officers, officials, agents, employees or other represen- tatives, and owners and lessors of premises used for NOFY experiences, in connection with exposure, infection, and/or spread of COVID-19 related to participating in NOFY activities. I understand that this waiver means I give up my right to bring any claims in- cluding for personal injuries, death, and disease or property losses, including but not limited to, claims of negligence, and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.
AGREEMENT TO FOLLOW DIRECTIONS: I agree that I and any minor guests shall observe the rules that are in effect at each premise visited during that have been im- plemented to reduce the likelihood of exposure and spread of COVID-19. I agree to check the specific rules, if any, for a location prior to participating in a NOFY activity. In addition, I agree, represent and warrant that neither I nor any minor guests shall partici- pate in a NOFY experience within 14 days after (i) returning from highly impacted areas subject to a CDC Level 3 Travel Health Notice, (il) exposure to any person who has a suspected or confirmed case of COVID-19, or (i) exposure to any person who has a suspected or confirmed case of COVID-19. I agree to check the CDC Travel Notices list prior to participating in Night Out for You activities.
I hereby agree, represent and warrant that neither I nor my minor guests shall participate in any NOFY activities if he or she (i) experiences symptoms of COVID-19, includ- ing, without limitation, fever, cough or shortness of breath, or (ii) has a suspected of di- agnosed/confirmed case of COVID-19. I agree to notify NOFY if any of the foregoing participation restrictions apply. CHOICE OF LAW: I understand and agree the law of the State of New York will apply to this agreement This is to certify that I, as the recipient do consent and agree to his/her release as provided above of all the Releasees, and for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releases from any and all above liabilities incident to my participation in Night Out for You activities as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASES, to the fullest extent permitted by law.