at the Brooklyn Navy Yard
September 17-21, 2014
Private(i) - Waiver & Release of Claims
I agree to this release of all claims, waiver of liability and assumption of risk (“Waiver and Release”). I waive any and all claims I may have now and in the future, and release from all liability and agree not to sue Fixed Agency or the Brooklyn Navy Yard Development Corporation (“BNYDC”), their officers, agents, representatives, employees or performers [hereafter referred to as “Staff”] for any personal injury, death, property damage, or loss sustained by me as a result of my participation in Private(i) - An Immersive Mixed-Reality Adventure due to any cause whatsoever, including without limitation, negligence on the part of Fixed Agency, its staff, partners, or other participants, or death or injury as a result of war, civil unrest or epidemic. I further agree that if I violate this agreement and attempt to bring suit against any part of parties named herein, that I will be held responsible for attorney’s fees and any costs incurred by that person in defending such action.
I am aware that Private(i), in addition to the usual dangers and risks inherent, has certain additional dangers and risks, some of which include: physical exertion for which I may not be prepared and weather extremes subject to sudden and unexpected change. I accept all the inherent risks of the performance experience and the possibility of personal injury, death or property damage or loss resulting there from. I acknowledge that the enjoyment and excitement of the proposed form of performance is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and these inherent risks contribute to such enjoyment and excitement, being a reason for my participation. I agree that if I suffer injury or illness Fixed Agency or its Staff or partners can, at my cost, arrange any medical treatment and emergency evacuation service as it or they deem necessary for my health and safety.
In entering this Waiver and Release, I am not relying on any oral, written nor visual representations or statements by Fixed Agency or its Staff or any other inducement or coercion to participate in the performance. I confirm that, by my own free will, I have read and understood the Terms and Conditions of this performance and Waiver and Release prior to signing it and agree that this Waiver and Release will be binding upon my heirs, next of kin, executors, administrators and successors.
As a participant in the performance, I accept full responsibility for my behavior, well being, and health throughout the performance, which may involve a variety of activities, unfamiliar locations, and modes of travel, including but not limited to: climbing stairs. I further realize that the performance may involve walking through unfamiliar, narrow and/or steep corridors, gangways, roads, stairways and driveways. I also realize that tenants in the Brooklyn Navy Yard may be operational during certain visits and that this presents additional hazards including heat and steam, reduced visibility, and various construction equipment. I knowingly and willfully accept these risks and take complete and total responsibility for my behavior, well being and health during the performance. I agree to hold neither Fixed Agency, nor its Staff nor the Brooklyn Navy Yard Development Corporation or facility liable in any way should any harm come to me.