RELEASE OF LIABILITY; PROMISE NOT TO SUE;
ASSUMPTION OF RISK; AND AGREEMENT TO PAY CLAIMS
This Release and Waiver of Liability (the “Release”) by the undersigned, each of whom is a Releasor (“Releasor”) in favor of Architecture Almanac LLC., its partners, affiliates, successors, directors, officers, employees, and agents (collectively, “Organization”). Without limiting the foregoing, Organization includes Architecture Almanac LLC., Michael Kelley Inc, Michael Kelley, Melanie Eppright, Kendall McCaugherty, and Harpa Concert Hall.
Releasor desires to engage in activities relating to Organization (the “Activities”) and, in consideration of Organization allowing Releasor to engage in Activities, enters into this Release. The Activities include without limitation attending a photography workshop put on by Organization that may last several days.
This Release supersedes any and all previous agreements or understandings, whether written or oral pertaining to the subject matter herein. However, if any other agreement or understanding is more favorable to the Organization, then the terms of that agreement or document will take precedence over this Release to the extent of the more favorable provisions.
Releasor hereby freely, voluntarily, and without duress executes this Release under the following terms:
Release and Waiver: Releasor does hereby release and forever discharge and hold harmless Organization and its successors and assigns from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise.
Releasor understands that this Release discharges Organization from any liability or claim that the Releasor may have against Organization with respect to any bodily injury, personal injury, illness, death, or property damage against Organization, whether caused by the negligence of Organization or otherwise.
Releasor also understands that the Organization does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of injury or illness.
Medical Treatment: Releasor does hereby release and forever discharge Organization from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment, or service rendered in connection with the Releasor’s Activities. If Releasor needs medical treatment, Releasor agrees to be financially responsible for any costs incurred as a result of such treatment.
Insurance: Releasor shall have sufficient health, travel, and equipment insurance to cover potential risks and liabilities associated with the Activities, including coverage for emergency evacuation and treatment. Releasor understands that, except as otherwise agreed to by Organization in writing, Organization is not obligated to carry or maintain health, medical, or disability insurance coverage for Releasor.
Assumption of the Risk: Releasor understands that the Activities include work, conditions, occurrence, and resulting effects that may be hazardous to the Releasor, including, but not limited to exposure, flood, fire, earthquake, dehydration, and transportation.
Releasor hereby expressly and specifically assumes the risk of injury or harm in the Activities and releases Organization from all liability for injury, illness, death, or property damage resulting from the Activities. Releasor understands that these injuries or outcomes may arise from his or her own or other’s actions, inaction, or negligence; conditions related to travel; or the condition of the Activity location(s). Nonetheless, Releasor assumes all related risks, both known or unknown, related to or in connection with Releasor’s participation in the Activities, including travel to, from, and during the Activity.
Indemnify and Hold Harmless: Releasor agrees to Indemnify and hold Organization harmless from any and all claims, demands, causes of action, suits, actions, losses, liabilities, costs, and/or expenses, including attorney’s fees or damage to personal property (“Liabilities”) that may occur as a result of or in relation to Releasor’s participation in this Activity, including travel to, from, and during the Activity, this expressly includes Liabilities of Releasor and is not limited to third party Liabilities. If Organization incurs any expenses arising from any of the Liabilities, Releasor agree to reimburse Organization.
Promise Not to Sue: Releasor promises not to sue Organization for any and all claims arising out of participation in Activity.
Interpretation: Releasor expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the State of California. If this Release does not include a release or waiver of liability allowed under the laws of the State of California that would prevent liability in Organization, Releasor agrees that this Release should be interpreted to include such a release or waiver.
Photography Rights: Releasor hereby grants Organization the irrevocable right and permission to photograph and record Releasor for all purposes, including advertising and promotional purposes, in any manner and in all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration and without compensation.
Venue and Choice of Law: This Release shall be governed by and interpreted in accordance with the laws of the State of California. Any action shall be brought in a court in the County of Ventura in the State of California.
Severability: Releasor agrees that in the event that any clause or provision or part thereof of this Release shall be held to be invalid by any court or competent jurisdiction, the invalidity of such clause or provision or part there of shall not otherwise affect the remaining clause, provisions, or parts thereof of this Release which shall continue to be enforceable.
Attorney’s Fees: Releasor agrees to pay all costs incurred by Organization in enforcing this agreement, including staff time, court costs, attorneys’ fees, and all other related expenses.
Releasor by signing below, certifies that they have capacity to execute this agreement, that they are not a minor, to have read this document, and that they are signing it freely. Further Releasor understands the legal consequences of this document including (a) releasing Organization from all liability, (b) promising not to sue Organization, and (c) assuming all the risks of Activity and travel associated with it. No representations other than those contained in the Release concerning the legal effect of this Release have been made to me.
| Releasor Signature: Print: Date: | ______________________ ______________________ ___/___/___ |