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Selfieville LLC GUEST AGREEMENT

Release of Liability, Assumption of Risks and Waiver of Rights, and Notice of Museum Rules

Revised August 24, 2018

 

As a Guest at Selfieville LLC, you agree to the terms below when you enter the Selfieville premises at 417 Alvarado Street, Monterey, California 93940. A Guest is anyone with a ticket entering Selfieville LLC. This Agreement is entered into between you, the Guest, and Selfieville LLC (collectively, the “Parties).

REQUIREMENTS FOR MINORS:
 All people under 18 years of age are considered to be a Minor and must be accompanied by an Adult (over the age of 18). While at Selfieville, the Adult assumes responsibility for all actions committed by the Minor. Adults with minors must be with their Minor(s) at all times (in the same exhibit room).

FOOD AND DRINK: In order to keep the exhibits clean for all guests, food and drink items not purchased in the Selfieville store are strictly prohibited at Selfieville. No exceptions.

USE OF SELFIE STICKS: Selfie sticks are very handy when it comes to taking great selfies. However, they could also hurt other Guests. Selfie sticks over 3ft in length may not be used in Selfieville at any time. Furthermore, Guests are fully liable for their actions if they accidentally or intentionally injure another Guest while at Selfieville with a selfie stick or other paraphernalia.

NOTICE OF DIMLY LIT ROOMS: Some of the exhibits at Selfieville are in dimly lit rooms. The Guest hereby acknowledges that they are aware that some exhibits at Selfieville may be dimly lit and hereby agree to follow the posted illuminated or glow in the dark EXIT signs, marked exit paths, and direction of Selfieville Staff in the event of an emergency. The Guest agrees to not hold the Host liable for any injuries or complications that they or their Minors undergo while at Selfieville.

NOTICE OF VIDEO AND AUDIO SURVEILENCE: To ensure that all of our Guests have a safe and enjoyable experience at Selfieville, there are audio and video surveillance systems in selected areas of the museum. Video and audio recordings are stored securely for up to 90 days and may only be accessed by authorized Managers of Selfieville. By entering Selfieville, the Guest acknowledges that they may be video or audio recorded at any time for safety purposes in all museum areas, excluding restrooms.

AGREEMENT TO FOLLOW DIRECTIONS: By entering Selfieville LLC, you agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Selfieville LLC or the employees, representatives, affiliates, or agents of Selfieville LLC.

ASSUMPTION OF THE RISKS AND RELEASE: By entering Selfieville LLC, you recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to yourself and (if applicable) your family members, and further release and discharge Selfieville LLC and all affiliated companies and individuals for injury, loss or damage arising out of my or my family’s use of or presence upon the facilities of Selfieville and all affiliated companies and individuals, whether caused by the fault of yourself, your family, Selfieville LLC or other third parties.

INDEMNIFICATION: Upon entering Selfieville, you agree to indemnify and defend Selfieville LLC and all affiliated companies and individuals against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my use of or presence upon the facilities of Selfieville LLC and all affiliated companies and individuals.

FEES: You agree to pay for all damages to the facilities of Selfieville LLC and all affiliated companies and individuals caused by any negligent, reckless, or willful actions by me or my family.

APPLICABLE LAW: Any legal or equitable claim that may arise from participation in the above shall be resolved under California law.

ARM’S LENGTH AGREEMENT: This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist inthe interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. Accordingly, the Parties specifically reject the application of Cal. Civ. Code §1654 to this Agreement, as well as any other statute or common law principles of similar effect.

ENFORCEABILITY: The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.

DISPUTE RESOLUTION: The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association in Monterey County, California. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

BY ENTERING SELFIEVILLE LLC, YOU ARE AGREEING TO THIS AGREEMENT.

If you have any questions pertaining to this Guest Agreement, please contact info@selfieville.com.