RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION AGREEMENT
In consideration of being permitted to participate in any way related to the use of drills, nail guns, hammers, hangers, screws, nails, stains, paints, and other various woodworking and painting equipment, including any activities, related to items not listed at Me and My Girls and our Guy/MMG Workshop Pallet Painting Party, I,
1. Acknowledge and agree that if at any time I believe the conditions of the activities to be unsafe, I will immediately discontinue any further participation and notify the instructor of such considerations.
2. Fully understand that the Activities: (a) INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING, BUT NOT LIMITED TO, PERMANENT DISABILITY, PARALYSIS AND DEATH (the “Risks”); (b) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the activities, the conditions in which the activities take place, the conditions or set up of the Premises or thru the NEGLIGENCE of Me and My Girls and our Guy or any of the Releasees (as defined below); (c) there may be other risks or social and economic losses either known, not known or not readily foreseeable at this time, and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR ALL LOSSES, COST AND DAMAGES that I incur as a result of my participation in the activities.
3. HEREBY RELEASE, DISCHARGE AND COVENANT NOT TO SUE Me and My Girls and our Guy/MMG Workshop and their respective owners, licensees, managers, members, agents, officers, employees, contractors, volunteers, agents, successors and assigns, any other participants, any sponsors or advertisers, and the owner of the Premises where the activities take place (all of the forgoing shall be referred to as the “Releasees”) from ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT WHETHER TO MY PERSON OR PROPERTY, CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE RELATED TO THE ACTIVITIES OR THE PREMISES, INCLUDING NEGLIGENT RESCUE OPERATIONS, WHICH I ACKNOWLEDGE MAY COMPOUND OR INCREASE. I FURTHER AGREE THAT IF DESPITE THIS AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES and their insurance carriers from any litigation expenses, fees including court and attorney, loss, liability, damage, or cost which Releasees may incur as a result of such claim.
4. HEREBY GRANT Me and My Girls and our Guy/MMG WORKSHOP permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that all photos will become the property of the Me and My Girls and our Guy/MMG Workshop and will not be returned. I hereby irrevocably authorize the Me and My Girls and our Guy/MMG Workshop to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo. I hereby hold harmless, release, and forever discharge Me and My Girls and our Guy/MMG Workshop from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
I HAVE READ THIS ENTIRE AGREEMENT, I FULLY UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN UP AND WAIVED SUBSTANTIAL RIGHTS. I HAVE SIGNED THIS AGREEMENT VOLUNTARILY AND FREELY WITHOUT INDUCEMENT, DURESS, OR ANY ASSURANCES OF ANY NATURE. I INTEND THIS AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND I AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE REMAINDER OF THE AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT, NOTWITHSTANDING ANY INVALID PORTION OF THIS AGREEMENT.
THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MINNESOTA; ANY DISPUTES ARISING OUT OF THIS AGREEMENT SHALL HAVE SOLE AND EXCLUSIVE JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS OF SHERBURNE COUNTY, MINNESOTA.
No further representations, statements, warranties or inducements, whether written or orally have been made apart from the forgoing written Agreement.