The Cloaked Treasure, LLC Assumption of Risk and Warning of Risk Waiver and Release of Claims

In consideration of participating in a CLOAKED TREASURE, LLC hunt (the “Activity” or “Activities”) or in any related activities and to be eligible for any prize I may be entitled to through participation, I acknowledge, covenant and agree to the terms contained within this document.   

1. ACTIVITIES and ASSOCIATED RISKS: I have chosen to register for an Activity which is a broad treasure hunt that involves indoor, outdoor, and online search activities with minimal direction beyond obscure clues or references.  As such, the Activities are self-directed, and I understand that there are certain risks of physical injury (up to and including permanent disability or death) to participants in Activities.  These risks may include, but are not limited to (i) sprains; (ii) strains; (iii) fractures; (iv) burns, cuts and tears; (v) bruises; (vi) heat and cold injuries; (vii) various water-related injuries, including but not limited to drowning; (viii) over-use syndrome; (ix) accidents and/or injuries involving vehicles; (x) animal and/or insect bites and or/stings; (xi) contact with poisonous plants; (xii) accidents and/or injury involving, but not limited to falling, slipping, sliding, running, travel by boat, truck car or other convenience; (xiii) concussion; (xiv) exhaustion or dehydration; (xv) heart attack; (xvi) potential for permanent paralysis and/or death; (xvii) illness; (xvii) those risks created by other Activity participants; (xix) those risks due to defects or conditions of the Activity; (xx) those risks presented by the general public while in public and private spaces. 
2. ASSUMPTION OF THE RISKS:  I hereby freely assume the inherent risks as well as any other risks not listed that are part of these Activities, and any harm, injury, illness, or loss that may occur to me or my property as a result of my participation in the Activities or during any transportation to or from the Activities—including any injury, illness, or loss caused by the negligence of CLOAKED TREASURE, LLC, its employees, agents and officers, its contractors, sponsors, and other Activities participants. 
3. RELEASE OF LIABILITY:  I hereby RELEASE CLOAKED TREASURE, LLC, its employees, agents, officers, sponsors, contractors, land owners, municipal or governmental providers of use permits, and their respective employees, officers, and directors (“the Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, illness, death, loss or harm that occur to me or to any other person or to any property during the Activities or in any way related to the Activities. This RELEASE includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This RELEASE does not extend to claims that Michigan law does not permit to be released by Agreement. I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss or harm that occur during the Activities or are related in any way to the Activities. 
4. INDEMNIFICATION HOLD HARMLESS AND DEFENSE: I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (defined in Section 3) against any and all claims to which Section 3 of this Agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims for my own negligence, and any other claim arising from my conduct during the Activities. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney’s fees, that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this Agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them. 
5. AGREEMENT TO FOLLOW DIRECTIONS: I agree to follow the RULES for the Activities as defined for me on the website. 
6. SELF DIRECTION AND PUBLIC PARTICIPATION: I acknowledge that CLOAKED TREASURE, LLC has no control and assumes no responsibility for my decisions or my interactions with the public while I am engaged in Activities related to a hunt. 
7. USE OF MY LIKENESS: I understand that during the Activities I may be photographed or videotaped. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me or use of my name in connection with such likeness, and I grant to CLOAKED TREASURE, LLC and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose. 
8. SEVERABILITY: I agree that the purpose of this Agreement is that it shall be an enforceable RELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as is permitted by Michigan law. I agree that if any portion or provision of this Agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the Agreement. 
9. APPLICABLE LAW AND FORUM: This Agreement shall be construed in accordance with the laws of the state of Michigan, without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with the Activities shall be brought only in the Michigan 8th District Court, Michigan 9th Circuit Court, or the United States District court for the Western District of Michigan, and I agree to the jurisdiction and venue of those courts for any such dispute. 
10. ELECTRONIC SIGNATURE: I acknowledge that selecting the “Consent” button during registration shall substitute for and have the same legal effect as an original form signature. 
11. PARTICIPATION OF MINORS:  I understand, acknowledge and agree that if I am not at least 18 years of age, I am not permitted to participate in any CLOAKED TREASURE, LLC Activities unless I have the express permission and consent of my parent/guardian to these terms and conditions.   

I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE AGREEING TO IT. NO ORAL REPRESENTATIONS, STATEMENTS, OR OTHER INDUCEMENTS TO AGREE TO THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I AGREE TO IT OF MY OWN FREE WILL.   

CLOAKED TREASURE LLC OBLIGATIONS:  Cloaked Treasure LLC, registered in the State of Michigan, covenants to distribute each prize to the first registered participant, subject to the minimum 10 day waiting period, who successfully claims the prize in the manner specified.  Prize values will be posted on the website.  Immediate family members of Cloaked Treasure LLC owners and investors are ineligible to collect prizes.       

RULES AND ADDITIONAL PROVISIONS  

• Each prize is paid out to the first registered participant, subject to the minimum waiting period, who successfully claims the prize in the manner specified.  Determination of the winner is at the sole discretion of Cloaked Treasure LLC.
• Respect your fellow humans, both online and in the real world. 
• Use reasonable caution and discretion when engaged in any activities related to a Cloaked Treasure hunt. 
• Follow all local laws and respect all public and private property rights. 
• No refunds will be given for any reason, including, but not limited to: weather, travel delays, acts of God, natural disasters, etc. 
• Hunt parameters may be subject to change based on design discretion and no refunds will be given. 
• You must be 18 years or older to participate or have parental/guardian consent. 
• No registrant can claim a prize within their first 10 days of registration. 
• Individuals may collaborate, but only a single individual (who must be registered for at least 10 days) can claim a prize. 
• Registrations are personal and cannot be transferred. 
• Breaking any of the rules above, as determined at the sole discretion of Cloaked Treasure, LLC may result in dismissal from participation, without refund or right to any prize. 
• You may be dismissed from participation, without refund or right to any prize, if you endanger the safety of another or negatively affect the Activity, the game, a person, a facility or property of any type or kind.  

Parents/Guardians of Participants Below 18 Years Old:   

I, the parent or guardian of the above-named participant, have read through this waiver and all its terms, and I hereby give my approval to this child’s participation in the Cloaked Treasure activity.  I assume all risks and hazards incidental to my child’s participation in the Activity, and I hereby waive, release, absolve, indemnify and agree to hold harmless the Administrators, as defined above, for any injury to my child and from any and all claims, causes of actions, obligations, lawsuits, charges, complaints, controversies, covenants, agreements, promises, damages, costs, expenses, responsibilities, of whatsoever kind, nature or description, whether, direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, from all claims or liabilities of any kind arising out of or connected with my child’s participation in the Activity. I consent to the foregoing and grant permission for him/her to participate in the Activity. I acknowledge I have carefully read, accepted and agreed to the terms on this Assumption and Release and Liability waiver, and know and understand their contents and I consent on my own free act and deed. When registering online, my online registration shall substitute for and have the same legal effect as an original form signature