WAIVER OF LIABILITY AND HOLD HARMLESS FOR
COMMUNICABLE DISEASES, INCLUDING COVID-19
Participant Name: _______________________________________________
The novel coronavirus (“COVID-19”), has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. While rules, guidance, and personal discipline may reduce this risk, the risk of serious illness and death does exist. Maxtivity: Arts and Crafts Creative Space cannot completely mitigate the transfer of communicable diseases like COVID-19. Participation in Maxtivity Programs includes possible exposure to and illness, injury, or death from infectious diseases, including COVID-19. In consideration for participating in, or for Mactivity providing my child the opportunity to participate in, all programs, I voluntarily agree to waive and discharge any and all claims against Maxtivity: Arts and Crafts Creative Space and release it from liability for any exposure to or illness or injury from an infectious disease, including COVID-19, and including claims for any negligent actions of the studio or its employees or agents, to the fullest extent allowed by law, for myself, my child, our estates, our heirs, our executors, our assignees, and our successors.
I also agree to release, exonerate, discharge and hold harmless its Board of Directors, the individual members thereof, and all officers, agents, employees, volunteers, and representatives from all liability, claims, causes of action, or demands, including attorney fees, fines, fees, or other costs (e.g. medical costs) arising out of any exposure to or illness or injury from an infectious disease, including COVID-19, which may result from or in connection with my own or my child’s participation at Maxtivity.
I further certify and represent that I have the legal authority to waive, discharge, release, and hold harmless the released parties on behalf of myself and/or the above-named student.
I also understand and agree that in consideration for participating in Maxtivity programs, the participant is committed and agrees to follow Oregon State Health authorities’ recommendations for COVID-19 protocols surrounding what to do if exposed and/or have a positive test.
I certify that I have read this document in its entirety and fully understand its contents. In exchange for the opportunity to participate in Maxtivity programs, I freely and voluntarily assume all risks of such hazards and notwithstanding such, release Maxtivity from all liability for any loss regardless of cause, and claims arising from participation.
ASSUMPTION OF RISK AND RELEASE OF LIABILITY AGREEMENT
READ CAREFULLY BEFORE SIGNING. THIS RELEASE OF LIABILITY (“RELEASE” IS A CONTRACT BETWEEN YOU AND MAXTIVITY, A NONPROFIT COPORATION. IT IINCLUDES A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS. THIS RELEASE COVERS ALL MAXTIVITY PROGRAMS OR OPEN STUDIO EVENTS THAT YOU MAY PARTICIPATE IN DURING THE CALENDAR YEAR IN WHICH YOU SIGN THIS RELEASE.
In consideration of being allowed to participate in the activities and programs (collectivity “Activities”) provided by Maxtivity: Art & Craft Creative Space (Maxtivity”), you acknowledge and agree as follows:
I. Nature of the Activities: Participating in Maxtivity activites involves but is not limited to: attending Open Studio times, participating in art classes, attending art events, participating in Pod Block and Art Adventures, painting, crafting, ceramic works, sewing, gluing, and other artistic endeavors.
II. Assumption of Risks: Participapting in Maxtivity’s Activities involves risks. It is not possible to compile a complete listing of the risks, however, they include the possibility that you may suffer serious, even fatal, injury or illness. By signing this you agree that you understand that the risks may include but are not limited to:
(1) minor injuries such as scratches, bruises, sprains, cuts, papercuts (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions, (3) catastrophic injuries including paralysis and death, (4) exposure to viruses, including but not limited COVID-19.
By signing this form, you acknowledge that the challenges and potential benefits of your participation in Activities have been explained to you AND THAT, to the best of your knowledge, you are in good physical condition, and you are not aware of any physical or physiological conditions which would place you at risk to participate in any way in Activities. You also acknowledge that you voluntarily, knowingly, and freely assume, and take full responsibility for all risks, known and unknown, related to your participation in Activities, and you further acknowledge that you are entirely responsible for deciding whether to participate in any Activities with Maxtivity and for deciding in which Activities you can safely participate.
III. YOU RELEASE ALL CLAIMS AGAINST MAXTIVITY. You hereby agree for yourself and for your heirs, relatives, representatives, estate, agents, and assigns, to release and forever discharge Maxtiviity and its directors, officers, members, staff, employees, volunteers, agents and representatives, and any others who participate in the Activities, or who volunteer for, or perform work for, Maxtivity (together the “Released Parties”) from any and all demands or claims for damage or injury, from any cause of suit or action, known or unknown, that you may have against the Released Parties and for any and all harm or damage to my health in any manner resulting from or arising out of my volunteer activities that is not caused by the gross negligence, wanton or willful misconduct, or reckless or intentional acts of the Released Parties.
IV. IF YOU CAUSE DAMAGE TO ANY ACTIVITY SITE, YOU AGREE TO PAY FOR ITS REPAIR. If you cause damage to the Activities site (including damage to a building structure, equipment, or natural features such as trees and slopes), regardless of what entity or individual owns the Activities site, you agree that you will pay all costs and expenses associated with its repair or replacement (“Repair Costs”), including the costs of collection of the Repair Costs, which may include court costs and attorneys’ fees.
V. PARTICIPATION IS VOLUNTARY. I acknowledge and understand that participation in Maxtivity Programs is purely voluntary, and I elect to individually participate and/or allow my child to participate. I further acknowledge that Maxtivity will provide adult supervision and instruction throughout the scheduled time in the space at 1604 Main st. Philomath OR but is not responsible for my child outside of the designated booked time or if my child is off the property.
VI. SUFFICIENT REVIEW. By signing this Release, you attest that you have had sufficient time to read this entire document and consult with legal counsel prior to signing, should you choose to. You understand that this activity may not be made available to you if you choose not to sign this Release.
VII. SEVERABILITY. If any provision of this Release, or the application of a provision to any person or circumstance, is held invalid, the remainder of this Release, or the application of that provision to other persons or circumstances, must not be affected thereby.
VIII. GOVENING LAW. This Release shall be governed by the laws of Oregon. Any legal claims or lawsuits related to the participation in the Activities shall take place in courts located in Benton County, Oregon. Nothing in this article shall preclude the parties from attempting to resolve conflicts through mediation or arbitration.
IX. IF YOU ARE A PARENT OR LEGAL GUARDIAN OF ANY PARTICIPANT OR VOLUNTEER WHO IS YOUNGER THAN 18 (“CHILD”), YOU ASSUME ALL RISKS AND RELEASE ALL CLAIMS ON BEHALF OF YOUR CHILD. If you are the parent or legal guardian of a Child, YOU ASSUME ALL RISKS AND RELEASE ALL CLAIMS on behalf of your Child and your Child’s heirs, assigns, personal representatives, and next of kin in the same way and to the same extent as you do for yourself in this Release. Further, wherever the terms “I,” “me,” “my,” “myself,” “you,” or “your,” are used in this Release, those terms shall be interpreted to cover the Child participant or volunteer for whom you are signing.
THIS RELEASE IS INTENDED TO PROTECT THE PARTIES IN PARAGRAPH III FROM LIABILITY FOR INJURIES TO YOU AND YOUR PROPERTY TO THE MAXIMUM EXTENT ALLOWED BY OREGON LAW