RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT

IN CONSIDERATION of being permitted to utilize the facilities, services and programs of Luminary Arts (or for my children to so participate) for any purpose, including, but not limited to observation or use of facilities or equipment, or participation in any off-site program affiliated with Luminary Arts, the purchaser, for himself or herself and such participating children and any personal representatives, heirs, and next of kin, hereby acknowledges, agrees and represents that he or she has, or immediately upon entering or participating will, inspect and carefully consider such premises and facilities or the affiliated program. It is further warranted that such entry into Luminary Arts for observation or use of any facilities or equipment or participation in such affiliated program constitutes an acknowledgment that such premises and all facilities and equipment thereon and such affiliated program have been inspected and carefully considered and that the purchaser finds and accepts same as being safe and reasonably suited for the purpose of such observation, use or participation by the purchaser and such children.
IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER Luminary Arts FOR ANY PURPOSE INCLUDING, BUT NOT LIMITED TO OBSERVATION OR USE OF FACILITIES OR EQUIPMENT, OR PARTICIPATION IN ANY OFF-SITE PROGRAM AFFILIATED WITH Luminary Arts, THE purchaser HEREBY AGREES TO THE FOLLOWING:
1. THE purchaser, ON HIS OR HER BEHALF AND BEHALF OF SUCH CHILDREN, HEREBY RELEASES, WAIVES, DISCHARGES AND CONVENANTS NOT TO SUE Luminary Arts, its directors, officers, employees, and agents (hereinafter referred to as “releases”) from all liability to the purchaser or such children and all his personal representatives, assigns, heirs, and next of kin for any loss or damage, and any claim or demands therefore on account of injury to the person or property or resulting in death of the purchaser, whether caused by the negligence of the releases or otherwise while the purchaser or such children is in, upon, or about the premises or any facilities or equipment therein or participating in any program affiliated with Luminary Arts.
2. THE purchaser HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the releases and each of them from any loss, liability, damage or cost they may incur due to the presence of the purchaser or such children in, upon or about Luminary Arts premises or in any way observing or using any facilities or equipment of the Luminary Arts or participating in any program affiliated with Luminary Arts whether caused by the negligence of the releases or otherwise.
3. THE purchaser HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE to the purchaser or such children due to negligence of releases or otherwise while in, about or upon the premises of Luminary Arts and/or while using the premises or any facilities or equipment thereon or participating in any program affiliated with Luminary Arts. THE purchaser further expressly agrees that the foregoing RELEASE, WAIVER AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

IN ACKNOWLEDGE THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Wavier of Liability and Hold Harmless Agreement, understand it and acknowledge 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 Agreement for full, adequate and complete consideration fully intending to be bound by same.

THE purchaser HAS READ AND VOLUNTARILY, ELECTRONICALLY SIGNS THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements or inducement apart from the foregoing written agreement have been made.