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Liability Waiver

The Street Art Network LLC

Assumption of Risk, Waiver of Liability, Indemnification And Policy Agreement (“Agreement”)


Participant #:

First Name (Print)

Last Name (Print)

Birthdate

Participant 1:

Participant 2:

Participant 3:

Participant 4:

In consideration for gaining access to and use of The Street Art Network LLC, a Colorado limited liability company (“The Street Art Network”) services (“The Street Art Network Services”) and engaging in the use of and participation in the activities associated with The Street Art Network (“The Street Art Network Activities”), I the undersigned, on behalf of myself and my spouse, children, parents, legal wards, heirs, assigns, personal representatives, estate, and insurers (“Successors in Interest”), and on behalf of any minor Participant listed above (each a “Minor Participant”) and any such Minor Participant’s Successors in Interest, agree as follows:

____ (Initial here) I am the Adult Participant and/or Parent/Guardian on behalf of each and any Minor Participant listed above and I hereby acknowledge, accept and agree that participation in The Street Art Network Activities, particularly participating in either or both (i) a guided outdoor walking tour throughout urban areas, and/or (ii) an instructional art course, involve known and unanticipated risks that could result in physical and/or emotional injury, which include but are not limited to broken bones, sprained or torn muscles or ligaments, paralysis, other bodily injury, or death, or property damage caused by myself, a Minor Participant, or a third party.  I acknowledge that the above list is not inclusive of all possible risks associated with use of The Street Art Network Services and participation in The Street Art Network Activities, and I agree that such list in no way limits the extent or reach of this Agreement. I acknowledge and understand that such risks cannot be eradicated without jeopardizing the core qualities of The Street Art Network Activities. I acknowledge that the aforementioned risk of physical and/or emotional injuries may also happen to an observer or bystander. I have received information to my satisfaction regarding the use of The Street Art Network Facilities and Services and participation in any and all The Street Art Network Activities and have had the opportunity to ask any and all questions I desired to ask. I understand the demands of The Street Art Network Activities are relative to my and/or Minor Participant(s)’s physical condition and skill level and acknowledge the types of injuries that may occur as a result of The Street Art Network Activities and the potential impact on an individual’s well-being and lifestyle.  I hereby agree that my access and access of each and any Minor Participant to The Street Art Network Services and participation in The Street Art Network Activities is voluntary and that I knowingly assume all inherent risks.

____ (Initial here) In further consideration of access and use of The Street Art Network Services and participation in The Street Art Network Activities, I, Adult Participant and/or Parent/Guardian on behalf of Minor Participant, on behalf of myself, my spouse, my heirs, legal wards, personal representatives, assigns, and Minor Participant(s) (collectively, “Releasing Parties”) do hereby release, waive, and discharge The Street Art Network, its owners, directors, managers, officers, employees, affiliates, volunteers, independent contractors, equipment providers, and agents (collectively, “Protected Parties”) from legal liability, claims, demands, and causes of action, whether the same is known or unknown, anticipated or not, arising from the ordinary negligence of The Street Art Network or Protected Parties, including personal and/or emotional injury or death from incidents or illnesses arising from participation in The Street Art Network Activities and any and all claims resulting from the damage to, loss of, or theft of property, and I, for myself and on behalf of Releasing Parties, further agree that except in the event The Street Art Network’s gross negligence and/or willful and wanton misconduct, I shall not bring any claims, demands, legal liability, and/or causes of action against The Street Art Network for any losses, whether economic or non-economic, due to property damage, personal and/or emotional injury or death sustained by me or Minor Participant(s) that are in any way associated with The Street Art Network Services or The Street Art Network Activities.  I, Adult Participant and/or Parent/Guardian on behalf of Minor Participant, further agree to hold harmless, release, discharge, defend, and indemnify The Street Art Network and Protected Parties (i.e., defend and pay any judgment and costs, including attorneys’ fees and related expenses) from any and all claims of the Releasing Parties arising from injury or loss due to participation of myself or a Minor Participant at The Street Art Network (including claims arising from the inherent risks of The Street Art Network Activities and those arising from the ordinary negligence of The Street Art Network or Protected Parties).  I further agree to hold harmless, defend, and indemnify The Street Art Network and Protected Parties against any and all claims of co-participants, rescuers, and others arising from conduct of myself or a Minor Participant in the course of my participation or Minor Participant(s)’s participation at The Street Art Network (including claims arising from the inherent risks of The Street Art Network activities and those arising from the ordinary negligence of The Street Art Network or Protected Parties).  In the event any dispute arises, I, the Adult Participant and/or Parent/Guardian on behalf of Minor Participant, agree to bring such dispute within one (1) year of the date of this Agreement and to engage in mediation to settle the dispute. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation, I agree that all disputes, controversies, or claims arising out of my participation or Minor Participant(s)’s participation at The Street Art Network shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect.

By signing this Agreement, I understand that I am giving up substantial rights, including my right to sue and any right to sue on behalf of Minor Participant(s), and I acknowledge I am signing the agreement freely, voluntarily, and intelligently, and with the full knowledge of its legal consequences. I intend my signature to be a complete and unconditional release of all liability due to ordinary negligence by The Street Art Network and the Protected Parties to the greatest extent allowed by law.  I certify I am the parent or legal guardian of any Minor Participant listed in this Agreement or have been granted power of attorney to execute this Agreement on behalf of a parent or legal guardian of such Minor Participant. In the event I do not have the authority to execute this Agreement on behalf of another, I agree I shall be solely liable for any and all resulting claims, actions, penalties, causes of action, services, fees, or similar expense.


In further consideration for gaining access to and use of The Street Art Network Services, I agree to provide notice at least twenty-four hours in advance when canceling a session, workshop, or other activity.  I understand that cancelations made within a 24-hour period, if such session, workshop, or other activity is not rescheduled (at a time and date agreed upon by The Street Art Network) to occur within one week of the cancelled session, workshop, or other activity, will result in the cost of such cancelled session, workshop, or other activity being ineligible for either a refund or a credit toward the cost of subsequent sessions, workshops, or other activities.


Adult Participant’s Signature or Signature of Driver’s License Number (or other state ID Number) Date

 

Parent/Guardian of Minor Participant(s)


Please provide the following information for Adult Participant or Parent/Guardian of Minor Participant(s) (Please Print):

First Name:

Last Name:

Birthdate:

Street Address:

City:

State:

Zip:

Primary Phone Number:

Email Address:

Emergency Contact:

Contact Phone Number:

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