he property and premises know as Vulture City that you are about to enter are owned by Vulture Peak Tours LLC. The buildings of Vulture City are old and are under ongoing restoration and maintenance work. The buildings are structurally sound but they have: (i) uneven and imperfect floors that require all visitors to move about with extreme caution in order to avoid stumbling or tripping or falling; (ii) interior and exterior walls that may have exposed nails and/or other sharp structures made of wood or stone or metal than can cause serious injury; and (iii) decorative interior furnishing and antiques that are lose and should never be picked up or touched nor relied upon as support.
The entrance road and walking path surfaces are imperfect and made of gravel and lose stone. They are not paved or cemented or hardened with any other material. After rain events these pathways can erode in places and be made very dangerous. Along the walking routes there are scattered artifacts of all shapes and sizes made primarily of metal and/or wood. Visitors are required to walk with extreme caution to avoid tripping and falling over artifacts or imperfect surface conditions. Wheelchair operators and visitors relying on other forms of assisted mobility, including simple walking aides like canes, need also to be extremely cautious to avoid sudden stops, tipping, rocking or other actions that may result in injury. Artifacts are for observation only. Under no circumstances should visitors attempt to move such items or rely on them for balance or support.
ALL ENTERING VULTURE CITY RISK DAMAGE TO PROPERTY, INJURY OR DEATH
Knowing the above, you nevertheless voluntarily assume all responsibility for all risks, known and unknown, and AGREE NOT TO SUE AND HEREBY FOREVER RELEASE AND DISCHARGE Vulture Peak Tours, LLC. , Vulture City Preservation Inc., or any successor, its owners, officers, managers, directors, agents and all employees (herein collectively referred to as “Released Parties”) FROM ALL LIABILITIES, CLAIMS, DEMANDS OR CAUSE OF ACTIONS THAT YOU MAY HEREAFTER HAVE FOR INJURIES AND DAMAGES ARISING OUT OF YOUR VISIT, ENTRANCE AND/OR OCCUPATION OF THE VULTURE PEAK TOURS, LLC PROPERTY, including but not limited to, losses caused by the active or passive negligence of the Released Parties, in consideration for permission to enter and/or remain on the premises.
You further RELEASE AND DISCHARGE the Released Parties, insofar as it is possible to do so under the applicable law, OF ANY DUTY AND CARE WHATSOEVER TOWARD YOURSELF, including for conduct, actions, omissions, and/or activities that you do not foresee, or anticipate at this time.
You further agree that YOU WILL DEFEND, INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS against all claims, demands and causes of action, including costs and attorney fees directly or indirectly arising from any action or other proceeding brought by, or prosecuted for, your benefit contrary to the terms stated here.
You acknowledge that YOU ARE NOT SUFFERING FROM ANY PHYSICAL OR MENTAL IMPAIRMENTS WHICH WOULD AFFECT YOUR ABILITY TO ENTER OR REMAIN ON THE PREMISES OR WHICH MAKES IT MORE LIKELY THAT YOU MAY BE INJURED BY ENTERING OR REMAINING ON THE PREMISES. You acknowledge that you are over eighteen years of age or under the supervision of a person of at least eighteen years of age.
You authorize Released Parties to CONSENT ON YOUR BEHALF TO ANY EMERGENCY MEDICAL TREATMENT WHICH MAY BE REQUIRED AND AGREE TO INDEMNIFY AND HOLD HARMLESS anyone giving such consent.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS RELEASE COMPLETELY AND UNDERSTAND ITS MEANING FULLY AND YOU ARE AGREEING VOLUNTARILY TO BE BOUND BY IT.
YOU FURTHER ACKNOWLEDGE THAT YOU ARE FORBIDDEN FROM USING ANY PHOTOGRAPHIC IMAGES, VIDEO, AUDIO, EVP AND OR COMBINATION OF SUCH RECORDINGS OF THE PREMISES (ITS BUILDING AND/OR ARTIFACTS) ON ANY MEDIA PLATFORM WITHOUT EXPRESS WRITTEN PERMISSION FROM VULTURE PEAK TOURS LLC – NAMELY ROBIN MORIARTY CONTACTABLE AT: INFO@VULTUREMINETOURS.COM.