The Trail of Cheer Christmas Festival (TOC) is a mostly outdoor and multi-themed Christmas attraction. While Christmas Attractions are fun, they can pose dangers to visitors. The owners, operators, and management, therefore, require visitors to sign this release.

Enter at your own risk! Your ticket is a revocable license and may be taken and admission refused. Whether or not you purchased a ticket and are experiencing any of our attractions (such as the Trail of Cheer) you understand that there is an inherent risk involved with attending the Trail of Fear or Trail of Cheer. Ticket holder and/or individuals entering the property assumes all risk and danger as associated with the participation in the Trail of Fear and/or Trail of Cheer. Acceptance of entrance into the Trail of Fear or Trail of Cheer, ticket holder and or individual entering any attraction agrees to release the operator, its parent or other corporations, affiliates, officers, directors, employees, and landlord from any liability, harm, injury or death, cost or expenses whatsoever that may arise directly or indirectly, from attending all attractions at this location. Various types of security are in use and we are watching you.

TOF and TOC reserves the right to shut down one or more attractions, or close the property, and/or postpone any events or shows due to inclement weather, or other unforeseen circumstance, or government request or requirement. Upon an interruption of provided services, the first 30-45 minutes will be dedicated to necessary safety evacuations and identification of the cause. Following this initial period, it may require over 90 minutes to determine appropriate corrective action to restore our production of the attraction. Should TOF experience total failure of services for more than 2 hours, or customers are unable to use their ticket due to sickness or injury, we will offer customers another ticket redemption, based on availability, for the face value of their ticket receipt. This offer is good for the remainder of the current operating season or is valid towards a ticket or merchandise value one year from the original purchase date. Customers must present their ticket receipt in order to take advantage of this offer. For any interruption of services causing our attraction’s closure, TOF nor TOC does not provide refunds, rain checks, or price adjustments.

ASSUMPTION OF RISK AND RELEASE FROM LIABILITY

The Owners (the “Owners”) are the owner of Trail of Fear LLC dba as the Trail of Fear Scream Park and Trail of Cheer located at 11101 SE Lee BLVD Lawton, OK 73501, USA (the “Property”). Trail of Fear, or TOF, and trail of Cheer (TOC) are proud to be a contributor to the community, city of Lawton, local nonprofits, fundraisers, and of course, TOF is one of the top best haunted house attractions in Oklahoma. TOF/TOC operates said haunted house attraction, rides and transportation, herein referred to as (“Event”). As mentioned throughout this waiver, the Event deploys drones, strobe lighting, fog machines, startling noises and props, and other special effects designed to startle and disorient visitors. You will encounter un-level ground, ramps and/or stairs, wet floors, gravel, dirt, mud, etc. All patrons must, with or without an accommodation, be able to proceed without obstructing the flow of traffic through the attraction. Patrons obstructing the flow of traffic or in any manner creating a hazard for other patrons, guests or cast members will be asked to step aside and or leave the attraction. In consideration for being permitted to enter the Property and to attend and participate in all aspects of the Event, and intending to be legally bound by this Release under the laws of the county of Comanche County Oklahoma, in addition to local Oklahoma State and Federal Laws, I agree as follows:

Assumption of Risk. I voluntarily assume all risk of loss, damage, or injury (including death) that may result from: (A) the Property and related personal property; and (B) my attendance and participation in the Event, whether occurring before, during, or after entrance to the Event. I assume all risks associated with the Event whether I elect to be touched by the actors, or not.

Notice of Condition. I have been informed that: (A) the Property and all personal property used in or about the Property may be in an unsafe or hazardous condition; (B) the ownership make no representation as to the condition of the Property and related personal property and assume no responsibility therefor; and (C) attendance at and participation in the Event may cause personal injury (including death, bodily harm, and property loss). Further, I understand that the Event may involve significant risks which include, but are not limited to, falling or slipping, impacting objects or being impacted by objects, equipment malfunction, equipment misuse by me, other participants or employees, natural, mechanical and environmental conditions and risks, any of which may independently, or in combination with the participant’s action, cause serious personal injury, death or property damage to the participant or others.

Release and Indemnification. For myself and for my heirs, executors, administrators and assigns, I waive, release, and forever discharge the Owners, management, and its successors, assigns, officers, boards, employees, agents, commissions, and representatives (acting officially or otherwise) and TOF/TOC and its successors, assigns, representatives, directors, officers, agents, contractors, employees, attorneys, sponsors, advertisers, and volunteers (each an “TOF/TOC Indemnified Party”), from and against any losses, costs (including, but not limited to, counsel fees and litigation costs), claims, suits, actions, damages, liabilities, and expenses, of every kind and nature, whether known or unknown, in law or equity, (collectively “Claims”) arising out of or by reason of any activities relating to the Property and related personal property or my attendance at and participation in the Event including, without limitation, any illness or injury (including death), even if any such Claim is caused in whole or in part by a TOF/TOC Indemnified Party. I further agree to indemnify, defend and hold harmless a TOF/TOC Indemnified Party from and against any Claims by third parties arising out of my presence on the Property or my attendance at and participation in the Event. I acknowledge that my information may be shared with law enforcement, if required. I understand that any injury must be reported to the event staff/security at the main entrance ticket booth, prior to vacating the Property.

Photographs and any other Media. I authorize the ownership and TOF/TOC and their respective successors and assigns, to photograph, audiotape, videotape, or otherwise record me as an attendant at or participant in the Event and grant the right to TOF and their respective successors and assigns, to use such photographs, audiotapes, drone footage, films, tapes, or other recordings, including reproductions thereof or likenesses based thereon, with or without my name or with a fictitious name, in any legal manner, in all means or media now known or later invented, and the right to copyright same. I waive all right of inspection and approval and release each TOF/TOC Indemnified Party from all liability arising out of the exercise of these rights. I understand that I may be recorded on Closed Circuit Television Cameras (CCTV).

© 2022 Trail of Fear LLC

Please thoroughly understand and sign this release to gain admittance to our attraction (Event).

All customers, staff and property entrants must have a completed waiver, and agree to all binding expectations, when redeeming their ticket, prior to entrance. Individuals not in compliance of these expectations jeopardize not just their own eviction, but their entire group.

The Trail of Fear Haunted Scream Park (TOF) is a large, mostly outdoor and multi-themed haunted attraction and escape room facility. While haunted attractions and escape rooms are fun, they can pose dangers to visitors. The owners, operators and management therefore require visitors to sign this release.

The Trail of Cheer Christmas Festival (TOC) is a mostly outdoor and multi-themed Christmas attraction. While Christmas Attractions are fun, they can pose dangers to visitors. The owners, operators and management therefore require visitors to sign this release.

THANK YOU for your loyalty, dedication and support to keep this unique property in Lawton, OK alive, valued, and fun for generations to come. We greatly appreciate our many loyal fans. THANK YOU!

HOUSE RULES/EXPECTATIONS & WARNINGS:

By entering The Trail of Fear (TOF) or Trail of Cheer (TOC) you agree to the following expectations within this waiver and understand that not complying with these expectations jeopardize not just your own eviction, but your entire group.

*Don’t touch actors-It’s considered assault. Ticket holders must keep a 6’ distance from actors/staff whenever possible.

*Don’t touch the set or props-you will be held liable for damages. (Haunted Attractions and Trail of Cheer only, certain restriction apply to the Escape Room)

*Don’t proceed on our property or into the attraction if intoxicated.

*Don’t tease, verbally assault or swear at actors-we’ll consider it harassment.

*Don’t run! Stay on designated customer paths.

*Don’t bring weapons.

*Continue moving forward at all times-No stopping or slowing down, to ensure safety at all times. *No cameras, flash, video or live streaming while in the haunted attractions or the escape rooms. *No smoking or vaping allowed on the property.

You will experience intense audio, lighting, extremely low visibility, strobe lights, fog, damp or wet conditions, special effects, sudden actions, intense sound and lighting fx, and an overall physically demanding environment including ramps, stairs, uneven floors, and natural grounds. You should not enter if you suffer from asthma, heart conditions, prone to seizures from strobe lights, physical ailments, broken bones, neck or back injuries, high blood pressure, respiratory or any type of medical condition, have recent or current fever or flu-like symptoms, or are pregnant or suffer from any form of medical disease including claustrophobia or fear of heights. You may be in close proximity with others (guests and/or actors/staff) during this experience, and customers are strongly encouraged to wear a breathing mask during their visit. Wash your hands, and always use caution, before and after our attraction experience.

IF YOU ARE SICK OR HAVE BEEN SICK IN IN THE LAST 24 HOURS, DO NOT ENTER.

Do not enter if you are wearing any form of a cast, medical brace, using crutches, or have any type of physical limitations. Do not enter if you were taking medication or are using drugs of any type. You may not be admitted if any of these conditions or noticed by our staff and/or seem to be present. Do not enter if you suffer from asthma, heart conditions, seizures, or any type of medical problems including flu-like symptoms (fever, cough, shortness of breath, sore throat or muscle soreness). You will not be admitted or asked to leave the property, if any of the rules are not followed. There are no refunds!

Enter at your own risk! Your ticket is a revocable license and may be taken and admission refused. Whether or not you purchased a ticket and are experiencing any of our attractions (such as the Trail of Cheer) you understand that there is an inherent risk involved with attending the Trail of Fear or Trail of Cheer. Ticket holder and/or individuals entering the property assumes all risk and danger as associated with the participation in the Trail of Fear and/or Trail of Cheer. Acceptance of entrance into the Trail of Fear or Trail of Cheer, ticket holder and or individual entering any attraction agrees to release the operator, its parent or other corporations, affiliates, officers, directors, employees, and landlord from any liability, harm, injury or death, cost or expenses whatsoever that may arise directly or indirectly, from attending all attractions at this location. Various types of security are in use and we are watching you.

TOF and TOC reserves the right to shut down one or more attractions, or close the property, and/or postpone any events or shows due to inclement weather, or other unforeseen circumstance, or government request or requirement. Upon an interruption of provided services, the first 30-45 minutes will be dedicated to necessary safety evacuations and identification of the cause. Following this initial period, it may require over 90 minutes to determine appropriate corrective action to restore our production of the attraction. Should TOF experience total failure of services for more than 2 hours, or customers are unable to use their ticket due to sickness or injury, we will offer customers another ticket redemption, based on availability, for the face value of their ticket receipt. This offer is good for the remainder of the current operating season or is valid towards a ticket or merchandise value one year from the original purchase date. Customers must present their ticket receipt in order to take advantage of this offer. For any interruption of services causing our attraction’s closure, TOF nor TOC does not provide refunds, rain checks, or price adjustments.

COVID19/CORONAVIRUS RELATED:

Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19, The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, Federal, State, and County Health Agencies recommend social distancing. The Trail of Fear (TOF) and the Trail of Cheer (TOC) has put in place preventative measures to reduce the spread of COVID-19; however, TOF/TOC cannot guarantee that you will not become infected with COVID-19. By agreeing to this waiver, I acknowledge the contagious nature of COVID 19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending the TOF/TOC and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at TOF/TOC may result from the actions, omissions, or negligence of myself and others, including, but not limited to, TOF/TOC employees, owners,

and contractors. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at TOF/TOC. On my behalf, I (or on the behalf of my children), hereby release covenant not to sue, discharge, and hold harmless the TOF/TOC, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of the TOF/TOC, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation TOF/TOC attendance. I understand that I am expected to keep myself, and group, physically distanced at a minimum of 6 feet from other groups, will observe and practice safe and healthy CDC suggested protocols, and will do my part to ensure safety at all times.

You (and your entire group) will not be admitted, or will be removed, if any of the rules are not followed. There are no refunds for any reason. Trail of Fear and Trail of Cheer reserves the right to refuse admission to anyone.

Any injury sustained at Trail of Fear or Trail of Cheer must be reported to the Event Staff Safety team prior to leaving the property.

ASSUMPTION OF RISK AND RELEASE FROM LIABILITY

The Owners (the “Owners”) are the owner of Trail of Fear LLC dba as the Trail of Fear Scream Park and Trail of Cheer located at 11101 SE Lee BLVD Lawton, OK 73501, USA (the “Property”). Trail of Fear, or TOF, and trail of Cheer (TOC) are proud to be a contributor to the community, city of Lawton, local nonprofits, fundraisers, and of course, TOF is one of the top best haunted house attractions in Oklahoma. TOF/TOC operates said haunted house attraction, rides and transportation, herein referred to as (“Event”). As mentioned throughout this waiver, the Event deploys drones, strobe lighting, fog machines, startling noises and props, and other special effects designed to startle and disorient visitors. You will encounter un-level ground, ramps and/or stairs, wet floors, gravel, dirt, mud, etc. All patrons must, with or without an accommodation, be able to proceed without obstructing the flow of traffic through the attraction. Patrons obstructing the flow of traffic or in any manner creating a hazard for other patrons, guests or cast members will be asked to step aside and or leave the attraction. In consideration for being permitted to enter the Property and to attend and participate in all aspects of the Event, and intending to be legally bound by this Release under the laws of the county of Comanche County Oklahoma, in addition to local Oklahoma State and Federal Laws, I agree as follows:

Assumption of Risk. I voluntarily assume all risk of loss, damage, or injury (including death) that may result from: (A) the Property and related personal property; and (B) my attendance and participation in the Event, whether occurring before, during, or after entrance to the Event. I assume all risks associated with the Event whether I elect to be touched by the actors, or not.
Notice of Condition. I have been informed that: (A) the Property and all personal property used in or about the Property may be in an unsafe or hazardous condition; (B) the ownership make no representation as to the condition of the Property and related personal property and assume no responsibility therefor; and (C) attendance at and participation in the Event may cause personal injury (including death, bodily harm, and property loss). Further, I understand that the Event may involve significant risks which include, but are not limited to, falling or slipping, impacting objects or being impacted by objects, equipment malfunction, equipment misuse by me, other participants or employees, natural, mechanical and environmental conditions and risks, any of which may independently, or in combination with the participant’s action, cause serious personal injury, death or property damage to the participant or others.
Release and Indemnification. For myself and for my heirs, executors, administrators and assigns, I waive, release, and forever discharge the Owners, management, and its successors, assigns, officers, boards, employees, agents, commissions, and representatives (acting officially or otherwise) and TOF/TOC and its successors, assigns, representatives, directors, officers, agents, contractors, employees, attorneys, sponsors, advertisers, and volunteers (each an “TOF/TOC Indemnified Party”), from and against any losses, costs (including, but not limited to, counsel fees and litigation costs), claims, suits, actions, damages, liabilities, and expenses, of every kind and nature, whether known or unknown, in law or equity, (collectively “Claims”) arising out of or by reason of any activities relating to the Property and related personal property or my attendance at and participation in the Event including, without limitation, any illness or injury (including death), even if any such Claim is caused in whole or in part by a TOF/TOC Indemnified Party. I further agree to indemnify, defend and hold harmless a TOF/TOC Indemnified Party from and against any Claims by third parties arising out of my presence on the Property or my attendance at and participation in the Event. I acknowledge that my information may be shared with law enforcement, if required. I understand that any injury must be reported to the event staff/security at the main entrance ticket booth, prior to vacating the Property.
Representations. I represent that I am at least 18 years of age and legally competent to enter into this Release or I am the parent/guardian of the individual named in this waiver and authorize the named individual to attend TOF/TOC event. To the best of my knowledge there is no health-related impediment to my presence on the Property or my attendance (or the presence of the individual named in this waiver) and participation in the Event.
Photographs and any other Media. I authorize the ownership and TOF/TOC and their respective successors and assigns, to photograph, audiotape, videotape, or otherwise record me as an attendant at or participant in the Event and grant the right to TOF and their respective successors and assigns, to use such photographs, audiotapes, drone footage, films, tapes, or other recordings, including reproductions thereof or likenesses based thereon, with or without my name or with a fictitious name, in any legal manner, in all means or media now known or later invented, and the right to copyright same. I waive all right of inspection and approval and release each TOF/TOC Indemnified Party from all liability arising out of the exercise of these rights. I understand that I may be recorded on Closed Circuit Television Cameras (CCTV).
Admission Ticket. Any violation of above stated expectations, law or any other inappropriate behavior by me (or potentially a member of my group) while on the Property or during the Event may result in revocation of my ticket to enter the Property and attend the Event, and I (or my entire group) may be removed from the Property at any time. In such case, I am not entitled to a refund of the purchase price or any associated charges. I understand the terms of this Release and I have willingly signed it as my own free act and intend to be legally bound.
Privacy of Data. TOF/TOC respects the privacy of our customers. By agreeing to this waiver, you are accepting the practices described below. This Privacy Statement does not create rights enforceable by third parties.
The information we obtain enables us to customize the services we offer you to deliver targeted advertisements and to measure and evaluate your overall experience at TOF/TOC. The information may be stored in servers located in the United States and other countries around the world. We may collect and store information you enter on our waiver or provide to us in some other manner. This includes identifying information, such as your name, address, e mail address, birth data and telephone number, or other content you supply to us.

We do not share your personal information with others except in a request for cooperation from a law enforcement or other government agency, response to a subpoena or similar investigative demand, a court order; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.

I have carefully read and understand this release and waiver, and am fully aware that failure to comply with aforementioned content in this waiver, and posted signs throughout the property, can result in removal from the Property, and/or further actions.

© 2020 Trail of Fear LLC