PRAIRIE HOUSE PRESERVATION SOCIETY
WAIVER AND RELEASE AGREEMENT
Please read carefully before signing. This is a release of liability and waiver of certain legal rights.
In consideration for being permitted to enter, tour, or participate in any activity on or related to the Prairie House Preservation Society (“PHPS”) property, I agree to the following terms and conditions.
1. Acknowledgment of Risks
I acknowledge that visiting and touring the Prairie House property involves certain inherent risks, hazards, and dangers that cannot be completely eliminated. These may include, but are not limited to:
Uneven ground, stairs, or flooring
Slips, trips, or falls
Falling debris or unstable structural conditions
Contact with wildlife, animals, or insects
Exposure to inclement weather
Hazards related to old or non-code-compliant structures
I understand that these risks may result in injury, illness, property damage, or death.
I understand that the Prairie House is an active historic preservation site and not a fully restored or stabilized structure. Existing conditions are part of the ongoing preservation process and agree to respect the property accordingly.
2. Voluntary Participation and Assumption of Risk
My participation in any tour or activity at the Prairie House is entirely voluntary. I confirm that I am physically and mentally capable of safely participating. I voluntarily assume all risks, both known and unknown, associated with my presence on the property and release PHPS from liability to the fullest extent permitted by law.
3. Release and Waiver of Liability
I, for myself and my heirs, executors, administrators, and assigns, release, waive, discharge, and hold harmless PHPS, its officers, directors, employees, volunteers, agents, representatives, successors, and assigns from any and all claims, demands, or causes of action arising from or related to my participation or presence on the property, including those caused by the ordinary negligence of PHPS or its representatives.
This release does not apply to claims arising from willful or wanton misconduct.
4. Indemnification
I agree to indemnify and hold harmless PHPS and its representatives from any and all claims, losses, damages, or expenses (including reasonable attorney’s fees) arising from my actions, participation, or violation of this agreement.
5. Safety Rules and Compliance
I agree to follow all safety rules, verbal or written, and to comply with the directions of PHPS staff or volunteers. I understand that failure to do so may result in immediate removal from the property.
6. Medical Treatment
In the event of an emergency, I consent to receive medical treatment deemed advisable by medical professionals. I release and hold harmless PHPS from any claim arising out of such treatment or transportation.
7. Photo and Video Release
I grant PHPS permission to photograph, film, or otherwise record my image, likeness, and voice during tours or events and to use such materials for educational, archival, or promotional purposes without compensation.
8. Photographer Intellectual Property Rights
All photographs, video, or other visual media created by participants during activities on PHPS property remain the intellectual property of the participant who created them. PHPS does not claim ownership of such works.
However, by participating, I grant PHPS a non-exclusive, royalty-free, perpetual license to use any photographs or media taken on the property for archival, educational, or promotional purposes, provided that reasonable credit is given to the creator when practicable.
Participants are responsible for obtaining any necessary permissions, licenses, or model releases from individuals appearing in their work.
9. Content Standards and Acceptable Use
All photography, video, or creative work produced on PHPS property must be conducted in a respectful and appropriate manner consistent with the mission and values of PHPS.
The following are strictly prohibited:
Nudity or partial nudity
Lewd, obscene, or sexually explicit content
Depictions of illegal activity
Content that is defamatory, discriminatory, or otherwise offensive
Any use of the property in a manner that could damage its reputation or historical integrity
PHPS reserves the right to immediately terminate participation of any individual who violates these standards, without refund.
10. Property Use and Commercial Restrictions
Commercial photography, brand advertising, sponsored content, or resale of images for commercial marketing purposes is prohibited without prior written consent from PHPS.
Personal artistic use, portfolios, exhibitions, editorial use, and limited print sales are permitted unless otherwise restricted by PHPS
11. Protection of Property
Participants agree not to move, alter, or manipulate furnishings, artifacts, or structural elements without explicit permission. Any damage caused by a participant may result in financial liability.
12. Governing Law, Venue, and Severability
This Waiver and Release Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma. Any dispute shall be brought exclusively in the courts of Cleveland County, Oklahoma.
If any part of this agreement is held invalid, the remainder shall remain in full force and effect.
13. Understanding and Capacity to Sign
I certify that I have read and fully understand this Waiver and Release Agreement. I am at least 18 years of age, legally competent, and signing voluntarily without inducement or coercion.