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ASSUMPTION OF RISK, RELEASE, AND WAIVER AGREEMENT

In consideration for the services provided by emmy-ray, LLC d/b/a The Brookside Art House, its owners, board, directors, officers, agents, employees, volunteers, participants, and all other persons or entities acting in any capacity on its behalf (collectively referred to as “THE BROOKSIDE ART HOUSE”) in conjunction with one or more various activities occurring at THE BROOKSIDE ART HOUSE, (the “Event”), You, the Registrant for Attendee to attend the Event, warrant and represent that you are over the age of eighteen, you are the legal guardian of Attendee, and you are legally authorized to enter this agreement for yourself and on behalf of Attendee, who, if different from Registrant, may be a minor child.

You hereby agree to release, hold harmless, and discharge THE BROOKSIDE ART HOUSE, on behalf of yourself, your children, your wards, your parents, yourheirs, assigns, personal representatives and estate as follows: 

1. You, on behalf of yourself and Attendee, acknowledge that participation in the Event entails known and unanticipated risks, which could result in physical or emotional injury, sickness, paralysis, death, or damage to yourself, Attendee, to property, or to third parties;

 

2. You, on behalf of yourself and Attendee, understand that such risks simply cannot be eliminated;

 

3. You, on behalf of yourself and Attendee, certify that you and Attendee are willing to assume the risk of any medical or physical condition you or Attendee may have. 

 

4. You, on behalf of yourself and Attendee, expressly agree and promise to accept and assume all of the risks existing in or at this Event. Your and/or Attendee’s participation in this Event is purely voluntary, and I and Attendee elect to participate despite the risks;

 

5. You, on behalf of yourself and Attendee, hereby give consent for any medical treatment that may be required, as determined by first responders and/or a medical professional at any medical facility, during participation in the Event, with the understanding that the cost of any such treatment will be solely Your and Attendee’s responsibility;

 

6. You, on behalf of yourself and Attendee, hereby voluntarily release, waive, and forever discharge any and all claims of any nature whatsoever, including, without limitation, negligence, against THE BROOKSIDE ART HOUSE that relate in any way to any activity You or Attendee undertake in conjunction with the Event, including without limitation transportation to and from the Event;

 

7. If THE BROOKSIDE ART HOUSE or anyone acting on its behalf be required to incur attorney fees or costs to enforce this Agreement, You, on behalf of yourself and Attendee, agree to indemnify and hold THE BROOKSIDE ART HOUSE harmless for all such fees and costs;

 

8. You, on behalf of yourself and Attendee, certify that you and/or Attendeehave adequate insurance to cover any injury or damage You or Attendee may cause or suffer while participating in the Event, or else You and/or Attendee agree to bear the costs of such injury or damage yourself;

 

9. You, on behalf of yourself and Attendee, understand that THE BROOKSIDE ART HOUSE may photograph, film, and/or otherwise record ("Medium") participation in the Event. You, on behalf of yourself and Attendee,authorize THE BROOKSIDE ART HOUSE to use Medium and your or Attendee’s name, right of publicity, likeness, and the like in conjunction with any THE BROOKSIDE ART HOUSE marketing and/or promotional materials, including, but not limited to, social media accounts. You, on behalf of yourself and Attendee, understand that no compensation will be made in any way for such use. 

 

You, on behalf of yourself and Attendee, agree that the substantive law of Missouri shall apply without regard to conflict of law rules. You, on behalf of yourself and Attendee, agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. 

 

By Registering for the Event, Registrant, for yourself and on behalf of Attendee, expressly state and agree that we have had sufficient opportunity to read or consider this entire agreement. Registrant, for yourself and on behalf of Attendee, agree to be bound by the terms of this Agreement.

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