Professional Documents
Culture Documents
Mckamey Waiver
Mckamey Waiver
MANDATORY
WAIVER, RELEASE AND INDEMNITY AGREEMENT
[*Form must be completely in its entirety.]
Participant’s signatory below agrees that they have been provided full and fair consideration for
entering into this agreement.
I have set forth any and all pre-existing physical, medical conditions and any mental conditions
in their entirety below. If none of these aforesaid conditions are listed then I am expressly
waiving any and all claims as more fully set forth in General Release below as against the
listed due to this failure to disclose and misrepresentation on my part.
3. Participant agrees that if the police are called or appear on scene, that Participant
acknowledges that this is just a game.
The parties hereto expressly waive and assume the risk of any and all claims for damages which
exist as of this date, but of which the Parties do not know or suspect to exist, whether through
ignorance, oversight, error, negligence, or otherwise, and which, if known, would materially
affect the Parties’ decision to enter into this Waiver, Release and Indemnity Agreement. The
Parties further agree that they assume the risk that the facts or law may be other than they
believe.
7. SPECIFIC RELEASE FOR ACTIVITY: Including but not limited to the above general
release participant additionally understands and comprehends that by signing this agreement
that as the undersigned he or she does hereby voluntarily RELEASES, DISCHARGES,
WAIVES, AND RELINQUISHES any and all actives or causes of action for personal injury or
loss of my property, property damage or wrongful death occurring to him/herself arising as a
result of engaging or receiving instructions in said activity or any activities incidental thereto.
Waiver Under Civil Code Section 1542. By execution of this release, the undersigned hereby
expressly waives the provisions of Civil Code Section 1542 of the State of California, which
reads as follows:
The participant hereto expressly waive and assume the risk of any and all claims for damages
which exist as of this date, but of which the Participant does not know or suspect to exist,
whether through ignorance, oversight, error, negligence, or otherwise, and which, if known,
would materially affect the Participant’s decision to enter into this Agreement. The Participant
further agrees that they assume the risk that the facts or law may be other than they believe.
10. HOLD HARMLESS AND FULL INDEMNIFICATION: To the full extent permitted
by California Law the participant agrees to defend, pay on behalf, fully indemnify MCKAMEY
MANOR and its agents and assigns, as well as it’s actors, as they are more fully described in
General Release, against any claims, causes of action, demands suits or loss including costs
associated in any way associated with any activity occurring at MCKAMEY MANOR and/or
this agreement both known and unknown.
13. PHOTOGRAPHS AND VIDEO FOOTAGE: Participant also hereby gives their consent
to McKamey Manor and Russ McKamey and any other associates of McKamey Manor to
photograph, film, videotape and then use, reproduce, and publish the images of Participant at its
discretion.
14. ADDITIONAL DOCUMENTS: All parties agree to cooperate fully and execute any and
all supplementary documents and to take all additional actions which may be necessary or
appropriate to give full force and effect to the basic terms and intent of the Waiver, Release and
Indemnity Agreement.
15. ENTIRE AGREEMENT: This Waiver, Release and Indemnity Agreement and Release
contain the entire agreement between the Parties with regard to the matters set forth in it and
shall be binding upon and inure to the benefit of the executors, administrators, personal
representatives, heirs, successors and assigns of each.
17. Participant fully understands that MM is an extremely physical, and that participant may
18. Participant fully understands that MM is not a fight club and will refrain at all times from
fighting with the actors.
19. Participant was warned numerous times about the intensity of MM by the Owners and
other members of the crew and that YOU REALLY DON’T WANT TO DO THIS.
20. Participant agrees and understands that your life in reality is not in danger and this is just a
game.
21. Participant agrees and understands that during the Tour and Participant is in the van, they
will not be secured by a seatbelt or other safety device.
22. Participant understands and agrees that they realize that they are not being tortured and this
is just a game.
23. Participant understands and agrees that they are not being beat up, kicked, slugged, or
actually physically harmed. You will be roughed up but no one is there to hurt you. Knowing
that, MM is very rough and not for the meek. Participant will have bumps, bruises, possible
black eyes, swelling of the face, etc.
24. Participant understands and agrees that they are never being held against their will.
25. Participant understands and agrees that in reality that they were never threatened for real
inside of MM and that in reality they are not threatened after the Tour is over.
26. Participant understands and agrees that they are aware that this is a live theatrical show, not
reality, which is being performed specifically for Participant and other guests.
27. Participant understands and agrees that the characters they come in contact with during the
Tour are just actors that are there to provide a performance for Participant and other guests and
actually is not reality.
28. Participant fully understands that by signing this waiver that they are giving MM
permission to keep nothing off of the table (except sexual or inappropriate situations).
Everything else imaginable can and will happen inside of MM. You are aware of this and are
giving full permission for any action that may happen inside of MM.
29. Participant agrees to and has full knowledge that if selected to visit the barber, Participant
may leave MM completely bald, including eyebrows.
30. Participant agrees and knowledges that mousetraps are used within the Tour which may
result in bruising, cutting, or breakage of fingers.
32. Participant agrees to partake, if selected to participate, in a height stunt that involves
walking a plank 25 feet above ground without a safety net.
33. Participant agrees that if selected they will come in contact with a variety of live poisonous
animals. It is the Participant’s responsibility not to panic or agitate the animals. If Participant is
bitten, it is because the Participant made a sudden movement within a confined secured
environment.
34. Participant agrees and acknowledges that they are responsible, whether they quit an
activity or not, for bringing all the equipment and materials back to the van.
35. Participant acknowledges and agrees to be submerged in 60 feet of open water. Participant
acknowledges and agrees that their breathing apparatus will be removed and that it is
Participant’s responsibility to make their way to the surface on their own. If done incorrectly
there is a real chance of Participant drowning or receiving decompression sickness (The Bends)
which could cause permanent injury or even death.
36. Participant acknowledges and agrees that it 100% the Participant’s responsibility to use
the safe phrase if they feel they are suffering from any bodily injury, from any mental
impairment, or if the Tour becomes too much for Participant in any way.
37. Participant understands and agrees that they will absolutely get cuts, severe bruising,
and/or swelling due to open handed striking on their face and other physical contact, which
could result in a black eye and possible rope burns to the face, neck, arms, hands, legs, or feet.
38. Participant agrees to and understands that they might come in contact with electrical
stimulation.
39. Participant understands for this specific show only, that Participant is being offered a safe
phrase. It is up to the Participant to use this phrase due to their weakness if they feel they need
such a weak precaution as a safe phrase.
Yes ● No ●
40. Participant agrees and understands that it is quite possible that they may come in contact
with raw sewage.
41. Participant agrees that their entire Tour will be viewed by a live audience in Las Vegas, the
Philippines, and/or Thailand and that they will act appropriately.
43. Participant fully understands that MM is extremely psychological and that participant may
very well leave MM with unintentional emotional distress and psychological issues. Participant
understands that it is never the intent of MM to cause myself any type of psychological damage.
44. Participant fully understands that they are a willing participant of MM, and no one has
forced participant in any way to partake in this Tour. This is something that participant insisted
upon on doing even with all the risks that are involved.
45. Participant fully understands and agrees that injuries resulting from slip and fall, such as
ankle, knee, or back injuries, i.e. sprains, muscle strains and tears, and flexed or torn ligaments
are not the fault of MM.
46. Participant fully understands that they may incur injuries from exposed screws or other
protrusions which may result in lacerations and/or bruises.
47. Participant fully understands that they may incur injuries resulting from scare tactics where
Participant may react by pulling away, resulting in falling on the ground, into walls, onto props
or actors, etc. and that they will not hold MM libel.
48. Participant understands that they may incur injuries from falling props in the event that
they become unstable during the Tour.
49. Participant fully understands and agrees that they may come in contact with carbon
monoxide poisoning with regard to use of artificial fog.
50. Participant fully understands and agrees that once participant enters MM there is no
quitting unless serious physical or psychological injury is present.
51. Participant fully understands that injuries may occur during their Tour of MM, which may
include, but not limited to, head, neck, and back injuries, death, stroke, traumatic brain injury,
brain aneurysms, cerebral or retinal hemorrhage, subdural hematoma, loss of consciousness,
whiplash, harmful heart reactions, nausea, headache, dizziness, lacerations, broken or sprained
bones, torn ligaments, bleeding wounds, scrapes and/or cuts, heatstroke, or drowning and does
not hold MM responsible.
52. Participant fully understands and agrees that being scared, having a panic attack, etc. does
not count as a serious injury.
53. Participant fully understands and agrees that their Tour may include the use of hypodermic
needles, zappers, Tasers, or dog shock collars.
54. Participant fully understands and agrees that they may be crushed in a pit by various
objects.
56. Participant fully understands and agrees that they may be fish hooked, which may
inadvertently cause rippage to the mouth area.
57. Participant fully understands and agrees that they must divulge all information regarding
allergies. Participant’s allergies include:
58. Participant fully understands and agrees that they must divulge all information regarding
dentures, contacts, pacemakers, piercings and that all piercings must be removed to prevent
damage to Participant.
59. Participant fully understands and agrees that if they are selected to visit the “Dentist” that
they may have a tooth extracted without Novocain and will not hold MM libel.
60. Participant fully understands and agrees that their teeth may be accidentally chipped,
broker, or lost and will not hold MM responsible or libel.
61. Participant fully understands and agrees that it is possible that joints, i.e. jaw, shoulder,
elbow, wrist, knee, hip, etc., may be accidentally dislocated and that Participant will not hold
MM responsible.
62. Participant fully understands and agrees that they will be participating in various medieval
torture devices such as knife throwing while strapped to a spinning wheel, shackles, chains,
gibbet cage, stocks, the rack, etc.
63. Participant fully understands and agrees that they may be bruised by paintballs.
64. Participant fully understands and agrees that MK ultra (mind control) may be used.
65. Participant fully understands and agrees that water torture may be used.
66. Participant fully understands and agrees a nail may pierce their hand.
67. Participant fully understands and agrees that their hand may be smashed with tools.
68. Participant fully understands and agrees that their nails may be removed from their nail
beds.
69. Participant fully understands and agrees that medication may be given that induces
70. Participant fully understands and agrees that, if chosen, they may receive a tattoo or
piercing. It is the responsibility to care for such tattoo in order not to get hepatitis or other
infection.
71. Participant fully understands and agrees that choking may occur and that gagging or
vomiting may occur.
72. Participant fully understands and agrees that MM will use humiliation tactics, such as
name calling.
73. Participant fully understands and agrees that they be exposed to extreme temperatures.
74. Participant fully understands and agrees that they may have a plastic bag or plastic wrap on
their face which could possibly cause suffocation, blackouts, etc. and Participant will not hold
MM responsible or libel.
75. Participant fully understands and agrees that they may be in an enclosed chamber with live
animals, which may include, mice, rats, roaches, tarantulas, millipedes, centipedes, snakes,
spiders, potato bugs, worms, larva, snails, slugs, grubs, crickets, etc.
76. Participant fully understands and agrees that they may be asked to ingest live bugs.
77. Participant fully understands and agrees that they may be enclosed in containers, with
limited air, submerged under water, or restrained.
78. Participant fully understands and agrees that they will be exposed to a caged drowning
pool and that their head will be completely engulfed in a toilet and possible drowning may
occur and Participant will not hold MM responsible or libel.
79. Participant fully understands and agrees that their hands and/or feet will be zip tied.
80. Participant fully understands and agrees that they may be hung upside down by their
ankles.
81. Participant fully understands and agrees that when they are taken hostage in the first
moments of the Tour, that it is extremely physical and daunting and Participant will receive
bumps, bruises, possible sprains or broken bones, black eyes, etc. and Participant will not hold
MM responsible or libel.
82. Participant confirms that they are not electronically wired for surveillance.
83. Participant agrees not to bring any weapons of any sort inside of MM.
85. Participant confirms that they are completely sober and have no drugs or alcohol with their
system.
86. Participant confirms that they have never been arrested or incarcerated for a felony.
87. Participant confirms that they are not wanted by law enforcement.
88. Participant agrees to remain on site in a safe zone until the other guest is ready to depart if
Participant quits MM.
89. Participant confirms that they are not involved with law enforcement and are not part of
any MM sting operation.
90. Participant fully agrees to continue the Tour, and challenges themselves during the MM
experience even though at a specific moment in time, participant requests the Tour to stop and
to leave MM. Participant agrees to have the Tour continue no matter what participant may say
at any time of their panic state of mind.
91. Participant fully understands and agrees that there is no quitting until the staff of MM stops
the show due to completion or because participant is at a physical or psychological level that it
is best that the Tour is stopped.
92. Participant fully understands and agrees that participant will at many times during their
Tour, have their entire body, including their face, submerged completely in water and that
participant will be forced to hold their breath. Participant also agrees to do these activities
while having duct tape over their eyes and mouth and a mask over their face.
93. Participant fully understands that at many times during their Tour they will be in a panic
state of anxiety, in which they will feel that they will drown and that they may die. Participant
completely gives permission to MM to put themselves in those situations.
94. Participant has been told several times and on more than one occasion by Russ McKamey
and others not to take the MM Tour. Participant has heard all of his warnings, and refuses to
listen to his recommendations not to take the MM Tour.
95. Participant fully understands and agrees that it is participant’s responsibility to read and
sign the complete MM waiver before ever taking the Tour. Participant agrees that they will see
the waiver on the day of their Tour, and participant agrees that they will not be provided a copy
of such waiver for any reason including legal action.
96. Participant fully understands and agrees that everything participant does related to MM
will be videotaped, and participant agrees that they will never be provided a copy of any video
or pictures for any reason including legal action.
97. Participant fully understands and agrees that they will never receive any money for
98. Participant fully understands that they are not being held against their will at any time
during their MM experience, and that participant is demanding to stay with the Tour for as long
as possible.
99. Participant fully agrees and demands that they want to push themselves as hard as possible
while inside the MM Tour no matter how many times participant may say that they want out of
the Tour. Participant is being clear that no matter what they say, participant wants the Tour to
continue.
100. Participant, having spent time with Russ McKamey and other staff of MM, and through
other people and what participant has read, know that Russ McKamey and the staff of MM truly
has my best intentions at all times. Participant gives their permission to MM to challenge them
both physically and emotionally to the highest degree. Participant does not want to quit MM
unless there is no other choice. Participant wants to stay with the Tour no matter what they may
say while they are distressed inside MM.
101. Participant fully understands and agrees that Russ McKamey and the staff of MM run a
very clean and positive show. No sexual or religious situations and even that cussing from the
Participant is not allowed inside MM.
102. Participant agrees that they will eat a wide variety of digestible cuisine from around the
world and that Participant could be force fed by an actor or another Participant.
103. Participant agrees that they may have to put their vomit on their person, such as
Participant’s face or into their mouth.
104. Participant agrees that they will drink a wide variety of liquids, including food coloring,
urine, blood, or any other liquid cuisine from around the world.
105. Participant agrees that there is a real possibility that their extremities may be crushed by
heavy objects.
106. Participant agrees that they will be submerged in a pit of undetermined material that
could possibly crush their body.
107. Participant agrees to have hundreds of pounds of chain wrapped around their body with
the possibility of being crushed or death.
108. Participant agrees that they may be severely whipped with a firehose or belt.
109. Participant agrees that they will be in very close contact with fire surrounding their entire
body with the real possibility of getting burned or possible death.
111. Participant agrees that if selected, they may participate in a stunt involving a liquid such a
quicksand and it is Participant’s responsibility to remain calm and stay on top of the quicksand.
There is a possibility that drowning may exist.
112. Participant agrees that if selected to participate in Houdini’s Chinese Water Torture
apparatus which will include being submerged upside down by your ankles with a straight
jacket in a cylinder with live moray eels. There is a real possibility of drowning if Participant is
unable to control their breath.
113. Participant agrees and understands that they will be buried in a pit with hundreds of live
rodents, mice, rats and tied down until they figure out the proper escape mechanism. It is
Participant’s responsibility to remain calm. Even so, the possibility of being nibbled upon or bit
is extremely high.
114. Participant agrees to participate in a high speed barrel roll where the Participant will be
inside a 55 gallon drum as the barrel rolls down a severely steep mountain. It is Participant’s
responsibility to secure themselves inside the drum in order to not receive serious injury. The
drum will end in a 10 foot pond.
115. Participant agrees that if selected they will have to swim 200 yards underwater in a make-
shift sewer system with several obstacles and traps blocking their way. It is Participant’s
responsibility to hold their breath while navigating the underwater maze.
116. Participant agrees to be transported several times in the back of a van, truck, trunk of a
car. Participant agrees that there is limited air in the trunk of the car.
117. Participant agrees to be locked inside of a 55 gallon drum with the lid secured with
limited air. It is Participant’s responsibility to knock on the lid continually so we know that
Participant is still breathing.
118. Participant agrees that if they pass out, smelling salts will be administered to see if
Participant is faking or not.
119. Participant agrees that during the show they will have actual knives and other weapons in
close contact with their body, including their neck, face, and extremities. Participant
acknowledges that if they panic or make any violent movement there is a very real possibility
that they could get cut.
120. Participant understands that there is a real possibility that they may experience
hypothermia. If hypothermia becomes an issue, the Tour will stop immediately. No questions
asked.
121. Participant acknowledges that even though Participant has decided to quit the Tour, the
Tour will from that point slowly ramp down to continue with the illusion for film purposes.
This may include roughing up, Participant’s head under water, choking, actors harassing
122. Participant acknowledges that they may come in contact with various bodily fluids and
they may come down with a disease later in their life.
123. Participant should list any items that are completely off limited to them:
124. Participant should specify what their final straw is – their line in the sand:
125. Participant hereby certifies that they are 100% medically qualified to participate in MM.
Participant hereby certifies that they have no hidden illnesses or impairments, which could
include but are not limited to pins, rods, plates, dentures, concussions, or anything of any
medical nature. Participant lists here any impairments previously disclosed or not disclosed
relating to medical issues:
126. Participant hereby certifies that they are 100% mentally qualified to participate in MM.
Participant hereby certifies that they have no hidden mental illnesses or impairments, which
could include but are not limited to panic attacks, anxiety, PTSD, or anything of any mental
nature. Participant lists here any impairments previously disclosed or not disclosed relating to
mental issues:
127. Participant acknowledges and agrees that they will receive hundreds of welts from a
paintball gun.
128. Participant acknowledges and agrees that MM will use personal information against them
during their Tour and that it all part of the psychological game of MM.
130. Participant acknowledges and agrees that they have full knowledge that they will be
slapped, shoved, hit, thrown to the ground, placed under water, restrained, contained, hooded,
verbally and mentally attacked, physically attacked, etc.
131. Participant acknowledges that even though they have quit the Tour, Participant will still
be hooded until drop-off and even though Participant is in the ramp-down mode, their hair may
132. Participant acknowledges and verifies that they do not have any blood issues or diseases,
etc. such as AIDS, that they are not HIV positive, etc.
133. Participant acknowledges that if they quit the Tour they will endure a one mile walk of
shame back to their vehicle.
134. Participant agrees that they will be dragged on dirt, cement or other various ground
environments.
135. Participant understands that there is a very real chance of becoming unconscious due to
choking or Participant’s mouth being covered by hands, a bag, plastic, etc.
136. Participant acknowledges and agrees that they will be pushed, shoved, or knocked to the
ground during the Tour or walk of shame.
137. If Participant is asked by law enforcement or any concerned individual during their walk
of shame, they will say nothing except to point to the paper attached to their clothes explaining
what has taken place, that they have failed McKamey Manor’s Extinction, and the walk of
shame is their punishment.
138. Participant acknowledges and agrees that they are agreeing to participate in McKamey
Manor’s Extinction for up to 36 hours in which MM is permitted to continue with the game at
any point in that 36 hour window.
139. Participant acknowledges and agrees that they will be wearing a dental mouthpiece /
guard through their tour.
140. Participant acknowledges and agrees that they will be required to wear headphones
throughout their tour and will have various sensory sounds and distractions or deprivation.
Participant acknowledges that they have freely and voluntarily entered into this Agreement after
an adequate opportunity to review and discuss the terms and conditions and all factual and legal
matters relevant hereto and freely and independently has chosen to execute this Agreement
without fraud, duress, undue influence or coercion of any kind or nature whatsoever having
been exerted by or imposed upon any party.
Participant’s parent(s)/spouse/significant other also give permission and are aware of everything
that will take place, understand all risks involved, and will not hold MM, Russ McKamey, Carol
Schultz, actors, or any participant liable or responsible. Participant’s
parent(s)/spouse/significant other hereby understands and consents that they give their complete
permission and agree to let _________________________ participate in MM with no legal or
law enforcement action.
City/State/Zip:
Signature(s): Date:
THE POLICE HAVE BEEN INFORMED OF THE MOVIE THAT IS BEING SHOT
AND THE SCHEDULE OF EVENTS FOR TODAY. THE REFERENCE NUMBER FOR
TODAY’S ACTIVITIES/PHONE NUMBER IS
.
Name: Email:
City/State/Zip:
I hereby release the Producer from any infringement or violation of personal and/or property
rights of any sort based upon the use of the Recording, including the right to screen and
broadcast or otherwise distribute the Recording in the Program, and the right to use and to
license others to use the recording in all media throughout the world including for the purposes
of publicity, advertising, sales and promotion of the Program.
I acknowledge that the Producer owns and shall own all rights, title and interest (including
copyright) in the Recording.
I further acknowledge that the Producer is not obliged to use the Recording.
I warrant that I have full power to enter into this Release and that the terms of this Release do
not in any way conflict with any existing commitment on my part.
Reference to “the Recording” in this Release includes any and all edited versions made by the
Producer and, further, includes any previously recorded material of me made by the Producer.
SIGNED: DATE:
Agreed and accepted by the Releasor (signature above)
Print Name:
Email:
Russ McKamey (Producer) Date:
NON-DISCLOSURE AGREEMENT
The Recipient hereto desires and agrees to be an Actor and/or Builder and/or Attendee in
relation to secure McKamey Manor’s secrets (the “Transaction”).
Throughout the duration of this Agreement, the Disclosing Party may deem it necessary to
disclose or share certain proprietary information with the Recipient. Therefore, in consideration
of the mutual promises and covenants contained within this Agreement, and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, both
parties hereto agree as follows:
Confidential Information
For all intents and purposes of this Agreement, “Confidential Information” shall mean and
include any data or information that is deemed proprietary to the Disclosing Party and that
which is not generally known to the public, whether in tangible or intangible form, whenever
and however disclosed, including, but not limited to (i) any form of marketing plan, strategies,
financial information or projections, operations, sales quotes or estimates, business plans,
performance results which may be related to the past, present and/or future business activities of
said party, its subsidiaries and affiliated companies; (ii) plans for products or services or
services, and customer or supplier lists; (iii) any scientific, technical or data information,
invention, design, process, procedure, formula, improvements, technology or method; (iv) any
concepts, reports, data, knowledge, works-in-progress, designs, development tools, props, trade
secrets, trademarks and copyrights; and (v) any other information that should reasonably be
recognized as confidential information of the Disclosing Party. Confidential Information need
not be novel, unique, patentable, copyrightable or constitute a trade secret in order to be
designated Confidential Information. The Receiving Party acknowledges that the Confidential
Information is proprietary to the Disclosing Party and, as such, the Disclosing Party regards all
of its Confidential Information as trade secrets.
Therefore, each party shall be responsible for any breach of this Agreement by any of their
respective Representatives.
Independent Development
Receiving Party may currently or in the future be developing information internally, or
receiving information internally, or receiving information from other parties that may be similar
to the Disclosing Party’s Confidential Information. Accordingly, nothing in this Agreement will
be construed as a representation or inference that Receiving Party will not develop or have
developed products or services, that, without violation of this Agreement, might compete with
the products or systems contemplated by the Disclosing Party’s Confidential Information.
Term
The herein contained Agreement shall remain in effect for a term of 120 months.
Notwithstanding the foregoing, the parties’ duties to maintain in confidence any and all
Confidential Information that may have been disclosed during the term shall thus remain in
effect indefinitely.
No Warranty
All Confirmation Information is provided by Disclosing Party “AS IS” and without any
warranty, express, implied or otherwise, regarding the Confidential Information’s completeness,
accuracy or performance.
Remedies
Both parties to this Agreement acknowledge and agree that the Confidential Information
hereunder this Agreement is of a unique and valuable nature, and that the unauthorized
distribution or broadcasting of the Confidential Information could have the potential to destroy
and, at the very least, diminish the value of such information. The damages that the Disclosing
Party could sustain as a direct result of the unauthorized dissemination of the Confidential
Information would be impossible to calculate. Therefore, both parties hereby agree that the
Disclosing Party shall be entitled to claim injunctive relief that would present the dissemination
of any Confidential Information that would be in violation of the terms set forth herein this
Agreement. Any such injunctive relief provided shall be in addition to any other available
remedies hereunder whether at law or in equity. The Disclosing Party shall be entitled to
recover any sustained costs and/or fees, including, but not limited to, any reasonable attorneys’
fees which may be incurred while attempting to obtain any such relief. Furthermore, in the
event of any litigation which may be related to this Agreement, the prevailing party shall be
entitled to recover any such reasonable attorneys’ fees and expenses incurred.
Notice of Breach
The Receiving Party shall immediately notify the Disclosing Party upon discovering any
unauthorized use or disclosure of Confidential Information by the Receiving Party or its
Representatives, or any other beach of this Agreement by the Receiving Party or its
Representatives, and will cooperate with any efforts by the Disclosing Party to assist the
Disclosing Party to regain the possession of its Confidential Information and thus prevent its
further unauthorized use.
Warranty
Each party herein warrants that it has the right and authorization to make such disclosures under
this Agreement. No warranties are made by either party under this Agreement whatsoever. The
parties acknowledge that although they shall each endeavor to include in the Confidential
Information any and all information that they each believe relevant for the purpose of the
evaluation of a Transaction, the parties understand that no representation or warranty as to the
accuracy or completeness of the Confidential Information is being made by either party as the
Disclosing Party. Furthermore, neither party is under any obligation contained within this
Agreement to disclose any Confidential Information it chooses not to disclose. Neither party
hereto shall have any liability to the other party, or to the other party’s Representatives, resulting
from any use of the Confidential Information except with respect to disclosure of such
Confidential Information in violation of this Agreement.
Entire Agreement
This Agreement constitutes the entire understanding between the parties and supersedes any and
all prior or contemporaneous understandings and agreements, whether oral or written, between
the parties, with respect to the subject matter hereof. This Agreement can only be modified by
written amendment signed by the party against whom such enforcement is sought.
Governing Laws
The validity, construction and performance of this Agreement shall be governed and construed
in accordance with the laws of California applicable to contracts made and to be wholly
Severability
Although the restrictions herein contained in this Agreement are considered by the parties to be
reasonable for the purpose of protecting the Confidential Information, if any such restriction is
found by a court of competent jurisdiction to be unenforceable, such provision will be modified,
rewritten or interpreted to include as much of its nature and scope as will render it enforceable.
In the event it cannot be so modified, rewritten or interpreted to be enforceable in any respect,
it will not be given effect, and the remainder of the Agreement shall be enforced as if such
provision was not included.
Notices
Any notices or communications required or permitted to be given hereunder may be delivered
by hand, deposited with a nationally recognized overnight carrier, emailed, or mailed by
certified mail, return receipt requested, postage prepaid, in each case, to the aforementioned
address of the other party, or any such other address or addressee as may be furnished by a party
in accordance with this paragraph. All such notices or communication shall be deemed to have
been given and received (i) in the case of personal delivery or email on the date of said delivery,
(ii) in the case of delivery by a nationally recognized overnight carrier, on the third business day
following dispatch, and (iii) in the case of mailing, on the seventh business day following such
mailing.
Transfer or Assign
This Agreement is personal in nature and neither party may directly or indirectly assign or
transfer it by operation of law or otherwise without the prior written consent of the other party,
which consent shall not be unreasonably withheld. All obligations contained in this Agreement
shall extend to and be binding upon the parties to this Agreement and their respective
successors, assigns and designees.
Miscellaneous
The receipt of Confidential Information pursuant to this Agreement shall not prevent or in any
way limit either party from: (i) developing, making or marketing products or services that are
or may be competitive with the products or services of the other, or (ii) providing products or
services to others who compete with the other.
Paragraph headings used in this Agreement are for reference only and shall not be used or relied
upon in the interpretation of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
aforementioned effective date.
By: By:
McKamey Manor
Address
Telephone Number
Email Address
Parent(s), Spouse, Signature
Significant Other’s Name
Printed Name
Address
Telephone Number
Email Address
Non-Disparagement Agreement
Participant agrees that during their Tour of McKamey Manor and for twenty (20) years after
their departure from the Tour, that Participant shall not, through any form of communication
with the press, public, clients, media, blogs, or social media, disparage McKamey Manor in any
way.
Participant understands that forms of communication include but are limited to social media
websites, public forums, suppliers, vendors, conventions, interviews, or record statements.
Participant understands that disparagement includes but is not limited to critiques, derogatory
statements, ridicule, slander, jokes or insults at the expense of McKamey Manor, management,
personnel, products or services.
Participant understands that if they violate this Agreement that Participant agrees to pay
McKamey Manor $50,000 as damages. Similarly, McKamey Manor has the right to sue
Participant in the San Diego County Superior Court system if damages are not paid.
Participant Signature
Date
Parent(s), Spouse, Signature
Significant Other’s Name
Printed Name
Address
Telephone Number
Email Address