SPECIAL TERMS OF USE AND RELEASE FOR ALL GUESTS REGARDING COVID-19
Safety Measures Related to COVID-19 & Other Infectious and/or Communicable Diseases. We have implemented a number of new safety measures based on guidance from health authorities, such as the Centers for Disease Control and Prevention (CDC), health organizations, and appropriate government agencies. You must follow all posted instructions while visiting Brushy Mountain Prison and its associated facilities (the “Premises”). While these safety measures have been instituted to help prevent and control the spread of COVID-19, we can in no way guarantee that you will not become exposed or infected with COVID-19 upon visiting the Premises.
Express Assumption of Risk & Release of Liability. Please note the CDC advises that older adults and people of any age who have serious underlying medical conditions might be at higher risk for severe illness from COVID-19. Guests should evaluate their risk in determining whether to attend. People who show no symptoms can spread COVID-19 if they are infected. Any interaction with the general public poses an elevated risk of being exposed to COVID-19.
By entering the Premises, you acknowledge, and voluntarily and expressly assume all risk of being exposed to or contracting COVID-19 (as defined by the World Health Organization, and any strains, variants, or mutations thereof), the coronavirus that causes COVID-19, or any other communicable and/or infectious disease, while visiting the Premises. You further agree to release Brushy Mountain Group, LLC and all of its affiliates from any liability as it relates to such risks. By entering the Premises, you are acknowledging and confirming on your behalf, and on behalf of any individual who is under your control or uses the admission ticket(s) and/or pass(es) you purchased to enter the Premises (including any minor children), both now and in the future, that you understand and voluntarily expressly assume the risk that during your visit you may be exposed to COVID-19, the Coronavirus that causes COVID-19, or other communicable and/or infectious diseases. You further acknowledge and understand that any interaction with the general public poses an elevated, inherent risk of being exposed to and contracting communicable and/or infectious diseases, including, but not limited to, COVID-19 and the Coronavirus that causes COVID-19, that Brushy Mountain cannot guarantee that you will not be exposed during your visit to the Premises, and that as such, potential exposure to or contraction of COVID-19 or any other communicable and/or infectious diseases are risks inherent in your decision to visit the Premises and cannot be eliminated. You further acknowledge and understand that if infected with COVID-19, the Coronavirus that causes COVID-19, or any other communicable and/or infectious disease, you may infect others you subsequently come in to contact with, even if you are not experiencing or displaying any symptoms of illness yourself, and that the risk of spreading COVID-19 to others remains even after the you depart the Premises. The same is true for many other communicable and/or infectious diseases you may be exposed to during your visit.
You and Brushy Mountain Group, LLC further agree that we intend this acknowledgment and release to be a binding and full release of liability for negligence and/or the inherent risks associated with visiting the Premises during an epidemic or pandemic with respect to any controversy, claim or dispute that may arise out of or during your visit to the Premises that is related to exposure to or the contraction of any communicable and/or infectious disease, including, but not limited to, COVID-19 or the Coronavirus that causes COVID-19. Specifically, you agree that:
YOU, ON BEHALF OF YOURSELF AND YOUR PERSONAL REPRESENTATIVES, HEIRS, SPOUSE, GUARDIANS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS AND NEXT OF KIN) HEREBY WAIVE, RELEASE, DISCHARGE, HOLD HARMLESS AND AGREE NOT TO SUE BRUSHY MOUNTAIN GROUP, LLC AND THE RELEASED PARTIES NOTED BELOW WITH RESPECT TO ANY CLAIM, LIABILITY OR DEMAND OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY (INCLUDING, WITHOUT LIMITATION, FOR PERSONAL INJURIES OR WRONGFUL DEATH) THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, EXPOSURE TO OR CONTRACTION OF A COMMUNICABLE AND/OR INFECTIOUS DISEASE, INCLUDING BUT NOT LIMITED TO, COVID-19 (OR THE CORONAVIRUS THAT CAUSES COVID-19), DURING YOUR VISIT TO THE PREMISES, OR DURING YOUR PARTICIPATION IN ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY BRUSHY MOUNTAIN, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (I) THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES, AND/OR (II) THE INHERENT RISKS ASSOCIATED WITH VISITING THE PREMISES DURING ANY EPIDEMIC OR PANDEMIC, INCLUDING THE COVID-19 PANDEMIC. YOU FURTHER AGREE THAT THE FORGOING RELEASE OF LIABILITY AND COVENANT NOT TO SUE EXTENDS TO AND ENCOMPASSES ANY AND ALL CLAIMS, LIABILITIES OR DEMANDS THAT RELATE IN ANY WAY TO EXPOSURE TO OR CONTRACTION OF A COMMUNICABLE OR INFECTIOUS DISEASE, INCLUDING BUT NOT LIMITED TO, COVID-19, BY ANY OTHER INDIVIDUAL, INCLUDING BUT NOT LIMITED TO YOUR MINOR CHILDREN AND/OR FAMILY MEMBERS, AS A RESULT OF THEIR VISITING THE PREMISES USING TICKET(S) AND/OR PASS(ES) YOU PURCHASED OR AS A RESULT OF THEM BEING EXPOSED TO SUCH DISEASES BY YOU AFTER YOUR VISIT TO THE PREMISES. TO THE EXTENT PERMITTED BY LAW, YOU FURTHER AGREE THAT IT IS YOUR INTENTION THAT THE FOREGOING RELEASE OF LIABILITY AND COVENANT NOT TO SUE IS BEING ENTERED IN TO ON YOUR BEHALF, AS SET FORTH ABOVE, AND ALSO ON THE BEHALF OF ANY OTHER INDIVIDUAL WHO USES AN ADMISSION TICKET PURCHASED BY YOU TO ENTER THE PREMISES.
This acknowledgement, express assumption of risk and release of liability is intended to be as broad and inclusive as is permitted by law. If any part of this provision is held to be invalid or legally unenforceable for any reason, the remainder of this provision shall not be affected thereby and shall remain valid and fully enforceable.
DANGEROUS SINCE 1896
We welcome you, your friends and family to Brushy Mountain State Penitentiary. This place has been dangerous since 1896! There are some conditions on the grounds which are obviously dangerous, and there are others which are not so obvious. The penitentiary and grounds were not maintained for a number of years; we have made some repairs, but we have tried to maintain the authenticity as an old and dangerous place. By coming here, you expressly assume the risk of injury because of dangerous conditions which may include but is not limited to indigenous snakes, uneven surfaces and possible paranormal activity. Proceed with caution and watch your step! As our guest, your safety is of the utmost importance to us. We reserve the right to remove you in the event of your violation of these rules, illegal behavior, vandalism, inappropriate conduct, or other offensive behavior. The following contains the Terms of Use and Release of Brushy Mountain State Penitentiary:
Terms of Use and Release for Guests:
WARNING. READ THIS BEFORE VISITING BRUSHY MOUNTAIN PRISON
ENTER AT YOUR OWN RISK.
In consideration of being allowed to participate in the services and activities, including, but not limited to, access to Brushy Mountain Prison and its associated facilities (the “Premises”), provided by Brushy Mountain Group, LLC, you, as a guest or other invitee, ( hereinafter “Guest”) VOLUNTARILY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES ASSOCIATED WITH BRUSHY MOUNTAIN PRISON AND ANY OTHER EVENT ORGANIZED BY THE RELEASED PARTIES, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault. Any violation of these rules and Guest will not be admitted into the attraction and or will be asked to leave the property.
ENTER AT YOUR OWN RISK. In consideration of permitting Guest use the Premises and/or to participate in any activities on the Premises, Guest hereby takes action for Guest, any executors, administrators, heirs, next of kin, successors, and assigns as follows:
(A) GUEST WAIVES, RELEASES, AND DISCHARGES from any and all liability, claims, demands, rights, causes of action of any kind whatsoever which Guest now has or later may have (collectively the “Claims”), including but not limited to, Claims arising from the negligence or fault of the entities or persons released, for Guest’s death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to Guest arising out of or relating to Guest’s participation in this activity, including traveling to and from this activity, THE FOLLOWING ENTITIES OR PERSONS: Brushy Mountain Group, LLC, Morgan County, and Morgan County Economic Development Board, their respective members, managers, officers, assigns, employees, volunteers, representatives, and agents, and any other activity holders, sponsors affiliated or related companies, and volunteers (each a “Released Party” and collectively the “Released Parties”);
(B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the Released Parties from any and all Claims arising out of or related to Guest’s participation in any activity at the Premises, whether caused by the negligence of the Released Parties or otherwise.
Guest acknowledges that the Released Parties are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf, or the conditions, qualifications, instructions, rules or procedures.
In consideration of and by entering the Premises, Guest acknowledges that the activities in which may participate may involve a test of a person’s physical and mental limits and Guest fully understands and acknowledges (a) that as the Premises are abandoned and no longer operational, and that risks and dangers exist with regards to the Premises, to include, but not limited to, lack of electricity and water supply, lack of lighting and exit signs, indigenous wildlife presence, venomous snakes and low overhead areas; (b) Guest’s participation in any activities and/or use of the facilities at the Premises may result in injury, or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability; (c) these risks and dangers caused by the negligence of the owners, employees, officers or agents of the Released Parties, the negligence of the participants, the negligence of others, defective or ill-repaired equipment, accidents, breaches of contract, the forces of nature, indigenous wildlife, terrain, facilities, temperature, weather, vehicular traffic, lack of hydration or other causes; and (d) these risks and dangers may arise from foreseeable or unforeseeable causes and are not only inherent to participants, but are also present for volunteers. By Guest’s participation in the contemplated activities and use of the Premises, Guest hereby assume all risks and dangers and all responsibility for any and all injuries, losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of the Released Parties or by any other person or entity.
ENTER AT YOUR OWN RISK. By entering, Guest certifies that Guest is physically fit, has sufficiently prepared or trained for participation in the contemplated activity or activities, or other activities that may arise, and has not been advised to not participate by a qualified medical professional. Guest certifies that there are no health-related reasons or problems which preclude participation in this activity.
Where there are walkways or marked paths, please stay on them. “DO NOT ENTER” means do not enter. Violators will be prosecuted. Guest understands that there are certain areas of the Premises that Guest is not authorized to travel to due to these areas’ inherent danger to human life, and Guest agrees to remain solely within the areas authorized by Brushy Mountain Group, LLC at all times during Guest’s stay at the Premises.
Guest acknowledges that there are no medical first responders, first aid certified staff, or any other forms of medical care available on site at the Premises. By entering the Premises, Guest hereby consents to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity.
Guest hereby agrees to indemnify and hold harmless from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by the Released Parties, including, but not limited to, any and all attorney’s fees, costs, damages and/or judgments suffered by the Released Parties or on or to the Premises.
In consideration of and by entering the Premises, Guest hereby grants Brushy Mountain Group, LLC and any other of the Released Parties, on behalf of Guest, Guest’s estate, and any child(ren)/ward(s), the irrevocable right and permission to photograph and/or record Guest or Guest’s child(ren)/ward(s) and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. Guest waives any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind.
This Release shall be construed broadly to provide a release and waiver to the maximum extent permissible under the laws of the State of Tennessee and shall be governed by and interpreted in accordance with the laws of the State of Tennessee. Any claims to which Brushy Mountain Group, LLC or any other of the Released Parties, are a party shall be filed in the Circuit or Chancery Court of Hamilton County, Tennessee. Guest agrees that in the event that any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable.
Guest promises to indemnify the Released Parties for any attorney’s fees and/or costs incurred to enforce this Disclaimer, including all costs associated with any collection efforts. Further, should any debt and/or judgment accrue in favor of any Released Party, pre-judgment and post-judgment interest shall accrue thereon at the lesser of the rate of 18% per annum or the maximum rate of interest allowed by law.
Guest understands that this agreement extends forever into the future and will have full force and legal effect each and every time Guest or Guest’s child(ren)/ward(s) visit the Premises or any other location or facility associated with Brushy Mountain Group, LLC.
BY ENTERING THE PREMISES, GUEST CERTIFIES THAT GUEST HAS READ THIS DOCUMENT AND FULLY UNDERSTANDS ITS CONTENT. GUEST IS NOT RELYING ON ANY STATEMENTS OR REPRESENTATIONS MADE BY THE RELEASED PARTIES OR ANYONE ELSE. GUEST IS AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND ENTER THE PROPERTY AND PARTICIPATE THEREIN OF GUEST’S OWN FREE WILL.
Terms of Use and Release for Ticketholders:
WARNING. READ THIS BEFORE VISITING BRUSHY MOUNTAIN PRISON
ENTER AT YOUR OWN RISK.
In consideration of being allowed to participate in the services and activities, including, but not limited to, access to Brushy Mountain Prison and its associated facilities (the “Premises”), provided by Brushy Mountain Group, LLC, YOU VOLUNTARILY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES ASSOCIATED WITH BRUSHY MOUNTAIN PRISON AND ANY OTHER EVENT ORGANIZED BY THE RELEASED PARTIES, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault. Each ticket is a revocable license and may be taken and admission refused upon refund of purchase price. Any violation of these rules and Ticketholder will not be admitted into the attraction and or will be asked to leave the property. This attraction reserves the right to refuse admission to anyone.
ENTER AT YOUR OWN RISK. In consideration of permitting Ticketholder to participate in any activities on the Premises, Ticketholder hereby takes action for Ticketholder, any executors, administrators, heirs, next of kin, successors, and assigns as follows:
(A) TICKETHOLDER WAIVES, RELEASES, AND DISCHARGES from any and all liability, claims, demands, rights, causes of action of any kind whatsoever which Ticketholder now has or later may have (collectively the “Claims”), including but not limited to, Claims arising from the negligence or fault of the entities or persons released, for Ticketholder’s death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to Ticketholder arising out of or relating to Ticketholder’s participation in this activity, including traveling to and from this activity, THE FOLLOWING ENTITIES OR PERSONS: Brushy Mountain Group, LLC, Morgan County, and Morgan County Economic Development Board, their respective members, managers, officers, assigns, employees, volunteers, representatives, and agents, and any other activity holders, sponsors affiliated or related companies, and volunteers (each a “Released Party” and collectively the “Released Parties”);
(B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the Released Parties from any and all Claims arising out of or related to Ticketholder’s participation in any activity at the Premises, whether caused by the negligence of the Released Parties or otherwise.
Ticketholder acknowledges that the Released Parties are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf, or the conditions, qualifications, instructions, rules or procedures.
In consideration of and by entering the Premises, Ticketholder acknowledges that the activities in which may participate may involve a test of a person’s physical and mental limits and Ticketholder fully understands and acknowledges (a) that as the Premises are abandoned and no longer operational, and that risks and dangers exist with regards to the Premises, to include, but not limited to, lack of electricity and water supply, lack of lighting and exit signs, indigenous wildlife presence, venomous snakes and low overhead areas; (b) Ticketholder’s participation in any activities and/or use of the facilities at the Premises may result in injury, or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability; (c) these risks and dangers caused by the negligence of the owners, employees, officers or agents of the Released Parties, the negligence of the participants, the negligence of others, defective or ill-repaired equipment, accidents, breaches of contract, the forces of nature, indigenous wildlife, terrain, facilities, temperature, weather, vehicular traffic, lack of hydration or other causes; and (d) these risks and dangers may arise from foreseeable or unforeseeable causes and are not only inherent to participants, but are also present for volunteers. By Ticketholder’s participation in the contemplated activities and use of the Premises, Ticketholder hereby assume all risks and dangers and all responsibility for any and all injuries, losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of the Released Parties or by any other person or entity.
ENTER AT YOUR OWN RISK. By entering, Ticketholder certifies that Ticketholder is physically fit, has sufficiently prepared or trained for participation in the contemplated activity or activities, or other activities that may arise, and has not been advised to not participate by a qualified medical professional. Ticketholder certifies that there are no health-related reasons or problems which preclude participation in this activity.
Ticketholders must stay on market paths. “DO NOT ENTER” means do not enter. Violators will be prosecuted. Ticketholder understands that there are certain areas of the Premises that Ticketholder is not authorized to travel to due to these areas’ inherent danger to human life, and Ticketholder agrees to remain solely within the areas authorized by Brushy Mountain Group, LLC at all times during Ticketholder’s stay at the Premises.
Ticketholder acknowledges that there are no medical first responders, first aid certified staff, or any other forms of medical care available on site at the Premises. By entering the Premises, Ticketholder hereby consents to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity.
Ticketholder hereby agrees to indemnify and hold harmless from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by the Released Parties, including, but not limited to, any and all attorney’s fees, costs, damages and/or judgments suffered by the Released Parties or on or to the Premises.
In consideration of and by entering the Premises, Ticketholder hereby grants Brushy Mountain Group, LLC and any other of the Released Parties, on behalf of Ticketholder, Ticketholder’s estate, and any child(ren)/ward(s), the irrevocable right and permission to photograph and/or record Ticketholder or Ticketholder’s child(ren)/ward(s) and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. Ticketholder waives any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind.
This Release shall be construed broadly to provide a release and waiver to the maximum extent permissible under the laws of the State of Tennessee and shall be governed by and interpreted in accordance with the laws of the State of Tennessee. Any claims to which Brushy Mountain Group, LLC or any other of the Released Parties, are a party shall be filed in the Circuit or Chancery Court of Hamilton County, Tennessee. Ticketholder agrees that in the event that any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable.
Ticketholder promises to indemnify the Released Parties for any attorney’s fees and/or costs incurred to enforce this Disclaimer, including all costs associated with any collection efforts. Further, should any debt and/or judgment accrue in favor of any Released Party, pre-judgment and post-judgment interest shall accrue thereon at the lesser of the rate of 18% per annum or the maximum rate of interest allowed by law.
Ticketholder understands that this agreement extends forever into the future and will have full force and legal effect each and every time Ticketholder or Ticketholder’s child(ren)/ward(s) visit the Premises or any other location or facility associated with Brushy Mountain Group, LLC.
BY ENTERING THE PREMISES, TICKETHOLDER CERTIFIES THAT TICKETHOLDER HAS READ THIS DOCUMENT AND FULLY UNDERSTANDS ITS CONTENT. TICKETHOLDER IS NOT RELYING ON ANY STATEMENTS OR REPRESENTATIONS MADE BY THE RELEASED PARTIES OR ANYONE ELSE. TICKETHOLDER IS AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND ENTER THE PROPERTY AND PARTICIPATE THEREIN OF TICKETHOLDER’S OWN FREE WILL.