PARTICIPANT RELEASE AND WAIVER OF LIABILITY
This Participant Release and Waiver of Liability (“Release”) is executed in favor of Oconee Cultural Arts Foundation, Inc. ("Organization"), an IRS recognized 501(c)(3) Georgia nonprofit corporation, by the individual signing below whether the actual participant or the parent/guardian of participant hereafter referred to as “Participant”. In consideration for the willingness of Organization to accept Participant in its art education program and/or to permit Participant to use Organization’s facilities, including but not limited to School Street Studios, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Participant does freely, voluntarily and without duress execute the following Release for and on behalf of Participant and Participant’s heirs, successors, beneficiaries and assigns:
1. Waiver and Release. Participant releases, forever discharges, indemnifies, and holds harmless Organization and its directors, officers, employees, volunteers, agents, successors and assigns (collectively the “Released Parties”) from any and all liability, losses, costs, expenses, claims, demands and causes of action of whatever kind or nature, either in law or in equity, arising out of or relating to Participant’s activities with Organization (“Activities”), including, but not limited to (i) any claim for any bodily injury, personal injury, illness, death or property damage or (ii) any first aid or medical treatment rendered in connection with the Activities, that may arise out of, occur during or result from the Activities, regardless of whether caused in whole or in part by an act or omission of a Released Party. Participant also understands that, except as otherwise agreed to by a Released Party in writing, the Released Parties do not provide any financial assistance of any kind, including, but not limited to, medical, health or disability insurance coverage for any participant in Organization’s programs or who use Organization’s facilities.
2. Activities. Activities may include but are not limited to art and pottery classes and other activities consistent with Organization’s mission.
3. Assumption of the Risk. Participant understands that the Activities may involve activities that may be hazardous to Participant and inherently dangerous risks, including but not limited to use of pottery kilns and other hazardous equipment, use of historic buildings with uneven steps and flooring, and potential exposure to employees, volunteers, other participants, or other individuals, including members of the public, who may be infected with COVID-19 or other infectious diseases. Participant hereby expressly and specifically assumes the risk of damage, injury, harm, or death in connection with such Activities. Participant acknowledges and fully understands that Participant may be engaging in activities that involve risk of serious injury, including permanent disability, disfigurement or death, and severe social and economic losses might result not only from their own actions, inactions, or negligence, but the action, inaction or negligence of others, or the condition of the premises or equipment used.
4. Medical Treatment. Participant hereby authorizes the Released Parties to act on Participant’s behalf in providing first aid and securing medical treatment for Participant in the event of injury or illness to Participant. Participant understands and agrees that any expense will be Participant’s responsibility.
5. Media Release. Participant agrees to allow Participant, and Participant’s art work, to be photographed or recorded in other media, such as video or audio recordings, in connection with Activities or other activities or events of Organization.
6. Confidentiality. Participant understands that it is the policy of Organization to ensure that the operations, activities, and affairs of Organization are kept confidential, unless the sharing of such information is approved in advance by the Executive Director. Confidential information includes, but is not limited to, personal information about Organization’s volunteers, employees, or other participants. In consideration for the opportunity to participate in Organization’s program, Participant agrees to refrain, both during and after the end of the participant relationship, from repeating to any outside source and to keep confidential all information or records pertaining to Organization’s instructors, volunteers, employees, or other participants obtained while doing Activities. Participant acknowledges that any violation of confidentiality may result in termination of Participant’s participation in the Activities or use of the Facilities, and that Organization may take legal action against Participant, including but not limited to seeking temporary restraining orders or permanent injunctions to prevent the disclosure of confidential information in federal or state courts in Georgia.
7. Miscellaneous. Participant expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the state of Georgia, and that this Release will be governed by and interpreted in accordance with the laws of the state of Georgia without giving effect to its conflict of laws rules. Participant agrees that in the event that any clause or provision of this Release is held to be invalid by any court, the invalidity of that clause or provision will not affect the remaining provisions of this Release, which will continue to be enforceable. Participant agrees that the sole and exclusive jurisdiction and venue for litigation between Participant and Organization will be a state or federal court having jurisdiction over Oconee County, Georgia.
BY CLICKING THE BOX IN THE FORM, PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT HAS READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT PARTICIPANT IS VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE ORGANIZATION.