RELEASE, MEDICAL RELEASE/PERMISSION, PHOTO RELEASE, ACKNOWLEDGEMENT AND ACCEPTANCE OF RISKS
I, the legal parent and/or guardian of and on behalf of “PARTICIPANT”, do hereby agree to assume all risks for all activities of participant at Arts Avenue for Kids including, but not limited to, motor vehicle accidents and/or pedestrian accidents on either public or private property, and do for myself, for and with my heirs, hereby agree to waive all claims against and release, indemnify, defend and hold harmless Arts Avenue Theater and Dance, LLC, all of its employees and representatives, in both their public and private capacities, from and against any and all liability, claims, suits, losses, damages and causes of action, including all expenses of litigation and/or settlement for death, injury to, or death of any person, or for loss of, damage to, or loss of use of any property arising out of or in connection with participation in the PROGRAM.
Such indemnity shall apply regardless of cause or of any fault or negligence of Arts Avenue. It is the express intention of the parties hereto, both participant and Arts Avenue, that the indemnity provided for in this paragraph is indemnity by the participant to indemnify and protect Arts Avenue, from the consequences of Arts Avenue's own negligence or participant’s own negligence, whether that negligence is the sole or concurring cause of any injury, death, or damage.
I certify that PARTICIPANT has not been advised by a health care professional that PARTICIPANT should not participate in the PROGRAM or other similar physical activities. In the event PARTICIPANT is injured as a result of his/her participation in the PROGRAM, and it becomes necessary that he/she receive medical treatment, I expressly release Arts Avenue and waive any and all claims against Arts Avenue for any and all liability incurred as a result of the medical treatment received. This release and waiver expressly includes all costs of emergency care and/or transportation. I grant permission for any emergency
medical treatment, operation, or anesthesia that might become necessary.
I authorize Arts Avenue to use PARTICIPANT’s photograph for promotional and/or commercial purposes, including, but not limited to, brochures, newspapers, magazines and websites. I release Arts Avenue, from any liability for use of PARTICIPANT’s picture.
I expressly agree that this waiver of liability, release, indemnification and hold harmless agreement is intended to be as broad and as inclusive as is permitted by the laws of the State of Texas, and that if any portion, word, term, phrase, clause or paragraph of this agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. It is further agreed that the execution of this waiver of liability, release indemnification and hold harmless agreement will not constitute a waiver by Arts Avenue of the defense of governmental immunity where applicable, or any other defense recognized by federal or state courts.
I have read this waiver of liability, release, indemnification and hold harmless agreement and understand all of its terms. I am aware of the risks associated with participation in the PROGRAM and execute this document voluntarily and with full knowledge of its significance.
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