WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
1. In consideration for participating in Kick It Out and other valuable consideration, I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Of Moving Colors Productions, the Board of Directors, the State of Louisiana, their officers, servants, agents, and employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise, while participating in such activity, or while in, on or upon the premises where the activity is being conducted or in transportation to and from said premises.
2. To the best of my knowledge, THE PARTICIPANT can fully participate in this activity. I am fully aware of risks and hazards connected with the activity, including but not limited to the risks as noted herein, and I hereby elect for THE PARTICIPANT to voluntarily participate in said activity, and to enter the above-named premises and engage in such activity knowing that the activity may be hazardous to me and my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me or THE PARTICIPANT, or any loss or damage to property owned by me, as a result of being engaged in such an activity, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise.
3. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASEES from any loss, liability, damage, or costs, including court costs and attorney’s fees, that may incur due to my participation in said activity, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise.
4. It is my express intent that this Release and Hold Harmless Agreement shall bind the members of my family and spouse (if any), if I/ THE PARTICIPANT am/are alive, and my/their heirs, assigns, and personal representative, if I/ THE PARTICIPANT am/are not alive, shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Louisiana.
5. I ACCEPT and UNDERSTAND that due to the nature of the program and training offered some PHYSICAL HANDLING, such as touching, regarding proper body placement, may be involved.
6. I UNDERSTAND THAT THE ORGANIZATION WILL NOT BE RESPONSIBLE FOR ANY MEDICAL COSTS ASSOCIATED WITH AN INJURY I MAY SUSTAIN. 7. I also understand that I should and am urged by OMC to obtain adequate health and accident insurance to cover any personal injury to myself/the participant which may be sustained during the activity or the transportation to and from said activity.
7. I ALSO UNDERSTAND THAT I AM RESPONSIBLE FOR ANY DAMAGE I/ THE PARTICIPANT CAUSE TO THE FACILITIES. IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Release for full, adequate and complete consideration fully intending to be bound by same.
8. I UNDERSTAND THE COMPANY IS RELEASED FROM LIABILITY. The Artist agrees to defend, indemnify and hold harmless the Company, its corporations, trustees, officers, employees, and agents (collectively, the “Indemnities”) from and against any and all claims, demands, suits, settlements, damages, losses, obligations, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and expenses (collectively, “Losses”) of any kind or nature paid or incurred by, imposed on, or asserted against the Indemnities relating to, arising out of or in connection with this Agreement including any and every thing or experience that might or possibly could come from COVID-19. The Artist hereby releases and forever discharges the Indemnities from any and all Losses relating to, arising out of or in connection with this Agreement. The Artist shall take complete and personal responsibility to comply with all municipal, state, and federal laws and regulations applicable to the work of the Artist under this Agreement. The Artist shall carry adequate liability, property, workers’ compensation, umbrella and other insurance of a kind and in an amount generally carried by persons engaged in the same or a similar kind of business.