The Horrors of McKamey Manor (Is the Waiver Legal?) | Summary and Q&A

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October 29, 2020
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LegalEagle
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The Horrors of McKamey Manor (Is the Waiver Legal?)

TL;DR

McKamey Manor is a controversial haunted attraction where visitors consent to extreme physical and mental assaults. The legality of the attraction is murky, as participants must sign a lengthy waiver and consent to potential harm, but there are limitations to what can be legally allowed.

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Key Insights

  • 🫷 McKamey Manor is an extreme haunted attraction that pushes the boundaries of what is considered acceptable in terms of participant consent and safety.
  • 🤘 The legality of McKamey Manor is contingent upon participants signing a waiver that protects the attraction from liability, but there are limits to what participants can legally consent to.
  • 🤨 The debate surrounding the attraction raises questions about the role of consent, the responsibility of the attraction operator, and the boundaries of entertainment and harm.
  • 😑 The use of waivers and the enforcement of pre-injury release waivers vary from state to state, making it difficult to determine the legality of attractions like McKamey Manor.
  • 🛄 Gross negligence and recklessness, which go beyond ordinary negligence, could potentially invalidate the waiver and expose McKamey Manor to legal claims.
  • 🖐️ The distinction between criminal acts, such as assault and battery, and legally sanctioned events, like sporting competitions, plays a role in determining the legality of extreme attractions.

Transcript

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Questions & Answers

Q: Is it legal for visitors to consent to extreme physical and mental assaults at McKamey Manor?

While participants sign a waiver and consent to potential harm, there are limits to what can be legally allowed. Consent cannot be given to serious harmful criminal acts, such as intentionally causing death or egregious bodily harm.

Q: Can participants sue McKamey Manor if they suffer injuries during the experience?

The waiver participants sign generally protects McKamey Manor from negligence claims. However, if injuries result from gross negligence or if the participant can prove that coercion or fraud occurred during the signing process, they may have a valid legal claim.

Q: Is McKamey Manor just a show or do the extreme acts depicted in the videos actually happen?

It is uncertain whether the extreme acts shown in McKamey Manor's videos are real or staged. The attraction's founder is known for using video editing techniques, and some people speculate that the videos feature actors rather than participants.

Q: What are the requirements for a waiver to be valid in this context?

To be valid, a waiver must be voluntarily signed by the participant without coercion and contain specific language that discloses both known and unknown risks associated with the experience. The waiver must also be specific about the types of harm that may occur.

Summary & Key Takeaways

  • McKamey Manor is not your typical haunted house; it is an extreme experience that lasts from four hours to three days, where participants endure physical and mental assaults.

  • Participants must sign a lengthy waiver, go through a rigorous screening process, and provide evidence of good physical and mental health.

  • The attraction's legality is debatable, as the waiver protects McKamey Manor from liability, but there are limitations to what participants can legally consent to.

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