Participation Agreement, Activity Release, Waiver and Assumption of Risk Agreement
This AGREEMENT is made as of the date this Agreement is submitted to ART SPOT, by and between ART SPOT and PARTICIPANT. PARTICIPANT is the individual who is listed as the party who will be attending the event on the registration form.
This AGREEMENT is entered into based upon the following facts, circumstances and understandings:
A. PARTICIPANT desires to enroll in and participate in a painting party hosted by ART SPOT; and
B. ART SPOT is willing to have PARTICIPANT enroll.
WHEREFORE, in consideration of the facts, circumstance and understandings set forth above and the terms and conditions set forth herein, the parties, intending to be legally bound, hereto agree as follows:
1. PRICE, LOCATION & SERVICES
1. Price. The Price for each Participant shall be the price set forth on ART SPOT’s website.
2. Location. Locations for events shall vary, but may include vineyards, wineries, backyards, private homes, event centers and other local businesses. Some of these locations may be remote and include walking over rough terrain; please wear appropriate attire and shoes. Additionally, handicapped access may or may not be available at each location. If PARTICIPANT requires handicap access, please contact ART SPOT at least one week prior to the event to make arrangements.
3. Services. ART SPOT will provide all supplies necessary to create your painting, including easel, paint, paint brushes and access to a trained artist. If the event you are participating in is at a winery or vineyard and you are 21 years or older as verified by ART SPOT, your participation fee also includes a glass of wine and wine glass to take home. Please bring your ID.
2. PARTICIPATION RULES
1. Conduct. PARTICIPANT is expected to conduct him or herself in an appropriate manner at all times. Event locations may have specific rules which PARTICIPANT agrees to comply with and follow at all times. ART SPOT events are open to all skill levels and intended to be fun and engaging. Negativity or criticism of another participant’s work will not be tolerated and the offender will be asked to leave immediately.
2. Indemnification. PARTICIPANT acknowledges that vineyards, private homes and other event locations may contain hazards, both known and unknown, foreseeable and unforeseeable. Consequently, PARTICIPANT agrees to hold ART SPOT and its agents, heirs, assigns and employees harmless and shall indemnify the same from and against any and all costs, claims, losses, recoveries, deficiencies, injuries, liabilities, legal and/or administrative proceedings, including attorneys’ fees and costs arising from or relating to PARTICIPANT’s enrollment and involvement in a ART SPOT event. Further, PARTICIPANT agrees to the following:
3. Media Release. I hereby give ART SPOT and their legal representatives and assigns, the right and permission to photograph, digitally record, videotape, or audio tape, my above named child while s/he is attending participating in any ART SPOT event. I further agree that any or all of the material recorded may be used, in any form, in publications, including electronic publications, or in audio-visual presentations, promotional literature, advertising, or in other similar ways, and that such use shall be without payment of fees, royalties, special credit, or other compensation. I understand that all such recordings, in whatever medium, shall remain the property of ART SPOT.
4. COVID-19 Safety Acknowledgment. PARTICIPANT agrees to the Safety Acknowledgement Liability Release below.
COVID-19 SAFETY INFORMATION:
While participating in events held or sponsored by Art Spot “social distancing” must be practiced to reduce the risks of exposure to COVID-19. Because COVID-19 is extremely contagious and is spread mainly from person-to-person contact, Art Spot has put in place preventative measures to reduce the spread of COVID-19. However, Art Spot cannot guarantee that its participants, volunteers, partners, or others in attendance will not become infected with COVID-19.
In light of the ongoing spread of COVID-19, individuals who fall within any of the categories below should not engage in Art Spot events and/or other face to face fundraising activities. By attending an Art Spot event, you certify that you do not fall into any of the following categories:
- Individuals who currently or within the past fourteen (14) days have experienced any symptoms associated with COVID-19, which include fever, cough, and shortness of breath among others;
- Individuals who have traveled at any point in the past fourteen (14) days either internationally or to a community in the U.S. that has experienced or is experiencing sustained community spread of COVID-19; or
- Individuals who believe that they may have been exposed to a confirmed or suspected case of COVID-19 or have been diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for their treatment.
DUTY TO SELF-MONITOR:
Participants agree to self-monitor for signs and symptoms of COVID-19 (symptoms typically include fever, cough, and shortness of breath) and, contact Art Spot at email@example.com if he/she or child experiences symptoms of COVID-19 within 14 days after participating in classes or events with Art Spot.
LIABILITY WAIVER AND RELEASE OF CLAIMS:
I acknowledge that I derive personal satisfaction and a benefit by virtue of my registration with Art Spot, and I willingly engage in Art Spot events and classes.
RELEASE AND WAIVER.
I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST ART SPOT EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASEES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THE ACTIVITY.
ASSUMPTION OF THE RISK. I acknowledge and understand the following:
1. Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;
2. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties; and
3. I hereby knowingly assume the risk of injury, harm and loss associated with the Activity, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties.
MEDICAL ACKNOWLEDGMENT AND RELEASE. I acknowledge the health risks associated with the Activity, including but not limited to transient dizziness, lightheaded, fainting, nausea, muscle cramping, musculoskeletal injury, joint pains, sprains and strains, heart attack, stroke, or sudden death. I agree that if I experience any of these or any other symptoms during the Activity, I will discontinue my participation immediately and seek appropriate medical attention. I DO HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASEES FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY FIRST AID, TREATMENT, OR SERVICE RENDERED IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITY.
As a participant or attendee, You recognize that your participation, involvement and/or attendance at any Art Spot event or class is voluntary and may result in personal injury (including death) and/or property damage. By attending, observing or participating in the Activity, You acknowledge and assume all risks and dangers associated with your participation and/or attendance at the Activity, and You agree that: (a) Art Spot (b) the property or site owner of the class or event, and (c) all past, present and future affiliates, successors, assigns, employees, volunteers, vendors, partners, directors, and officers, of such entities (subsections (a) through (c), collectively, the “Releasee”), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of your participation in, attendance at, and/or observation of the Activity, regardless if any such injuries or losses are caused by the negligence of any of the Releasee (collectively, the “Released Claims”). BY ATTENDING AND/OR PARTICIPATING IN THE ACTIVITY, YOU ARE DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
I VOLUNTARILY ASSUME ALL RISK, KNOWN AND UNKNOWN, OF INJURIES, HOWEVER CAUSED, EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION, INACTION, OR NEGLIGENCE OF THE RELEASED PARTIES TO THE FULLEST EXTENT ALLOWED BY LAW.
1. Law & Venue. This Agreement is executed in the State of California and shall be subject to and interpreted under the laws of the State of California. The parties agree that any suit filed in connection with this agreement shall be heard in the Superior Court of Santa Barbara County, State of California.
2. Entire Agreement. This Agreement contains the entire understanding and agreement of the parties, and there have been no promises, representations, warranties or undertakings by either party to the other, oral or written, of any character or nature, except as set forth herein.
3. Attorneys’ Fees. In any action to interpret, enforce or related to this Agreement, the prevailing party shall be entitled to attorneys’ fees and costs.
By clicking on the “I Agree” button, PARTICIPANT acknowledges his or her consent to the terms of this Agreement and agrees to be bound hereby.