EASEL ART STUDIO, INC. Waiver of Liability and Release of Claims
In consideration of participation by myself or the minor child identified below (collectively, “Participant” or “I”) in one or more classes, camps, or programs (collectively, “Programs”) of Easel Art Studio, Inc. (“Easel Art”), an Illinois corporation, I, as myself or the parent or legal guardian of the minor child Participant, agree as follows:
1. The following persons, entities, and parties are intentionally and specifically covered by this Waiver of Liability and Release of Claims (“Agreement”): Easel Art Studio, Inc. and all of its shareholders, officers, directors, employees, agents, volunteers, participants, lessors, independent contractors, visitors to Programs, successors, and assigns (individually and collectively, “Released Parties”).
2. Nut-Free Programs. I acknowledge and understand that Easel Art has a NO nut product requirement for all Participants and their families. I agree not to provide my child with any food items containing nuts or nut byproducts, or made in contact with nuts, for consumption at Easel Art or on any Easel Art activity. I understand that many children have peanut and other nut allergies and that sending my child with nut-containing products may cause allergic reactions in other participants. If my child has a nut allergy, I understand that it is impossible to eliminate all nut contact. I HEREBY WAIVE ALL CLAIMS AGAINST THE RELEASED PARTIES FOR ANY EXPOSURE—INTENTIONAL, NEGLIGENT, OR OTHERWISE—THAT MY CHILD MAY ENCOUNTER TO NUTS, NUT BYPRODUCTS, OR PRODUCTS MADE IN CONTACT WITH NUTS.
3. Emergency Treatment. If I or my child requires any medicine on site (including an EpiPen or Benadryl), I understand that I must provide said medicine to Easel Art. I hereby authorize the staff of Easel Art to administer the medicine provided and to use their best judgment in any emergency situation. I further agree that all information provided on the attached Emergency Medical Authorization and Information form is accurate and may be shared with appropriate health care providers.
4. Assumption and Acknowledgement of Risk. I understand that Easel Art uses its best efforts to ensure that its Programs are safe and enjoyable for its participants, but I also understand that accidents may happen and participation in Easel Art Programs inherently include known and unknown risks. These risks include, but are not limited to, cuts, bruises, puncture wounds, or damage to property, as well as far more serious risks that could result in physical or emotional injury to Participant or to other persons. I acknowledge that Participant could require substantial medical assistance at significant expense to me or to others responsible for medical care and treatment of Participant. I freely and personally ASSUME ALL RESPONSIBILITY for all risks, whether foreseen or unforeseen, in connection with participation by Participant in the Programs, and I WILL BE SOLELY RESPONSIBLE for any injury, loss, or damage Participant sustains, including, but not limited to, personal injuries to Participant or damage to Participant’s property.
5. Recordings. I also acknowledge that Easel Art may periodically photograph or video its participants and their artwork and I grant my full permission for Easel Art to photograph, video, record, or reproduce images of my child and their artwork (collectively, “Images”). I consent to Easel Art’s use of these Images to promote its Programs or for any other reasonable use in connection with Easel Art’s business, waive any right of publicity, and relinquish any claims to royalties or damages.
6. Excursions. I understand that Easel Art may take Participants to local parks and spaces for recreation in connection with the Programs, and I grant my permission for Easel Art to take my child on these excursions.
7. Rules. I understand that Easel Art has posted rules for Participant behavior in its Programs and I may, upon request, receive a copy of these rules. In addition, because of the COVID-19 crisis, various local, state, and federal governmental entities and the Centers for Disease Control and Prevention have in place certain restrictions and guidelines for the conduct and performance of services, including those being provided through Easel Art Programs (“Restrictions”). Because of these Restrictions, to maintain the health of Participants and Easel Art staff, certain aspects of the Programs may need to be altered and Easel Art may require Participants to follow additional
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precautions, such as regular screening for symptoms of or exposure to disease, social distancing, mask-wearing, and frequent handwashing. I agree to require my child to follow all Easel Art rules and Easel Art staff directions and understand that my child may be prohibited from participating in the Programs if they do not follow Program rules or health precautions as directed by Easel Art staff.
8. Release, Promise Not to Sue, and Indemnification. I, on behalf of Participant and Participant’s family, heirs, successors, assigns, and anyone claiming any interest through or on behalf of Participant, HEREBY KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY PROMISE NOT TO SUE, RELEASE FROM ALL LIABILITY, AND DISCHARGE the Released Entities for any damage, injury, or loss arising out of or in connection with Participant’s participation in the Programs. I understand and explicitly agree on behalf of Participant and Participant’s family, heirs, successors, assigns, or anyone claiming an interest through or on behalf of Participant to indemnify and hold harmless the Released Entities from any loss, liability, damages, or costs, including reasonable attorney’s fees, that they may incur due to the presence of any claims or actions brought or threatened by Participant or Participant’s family, heirs, successors, assigns, or anyone claiming any interest through or on behalf of Participant arising out of or in connection with Participant’s participation in Programs. It is my express purpose to bind Participant and Participant’s family, heirs, successors, assigns, and anyone claiming any interest through or on behalf of Participant. The release, covenant not to sue, and assumption of risk in this Agreement will be as broad and inclusive as is permitted under applicable law.
9. Validity and Dispute Resolution. I agree that if any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or against public policy, only those portions of this Agreement held to be invalid, unenforceable, or against public policy will be stricken, and all other provisions will remain in full force and effect. I understand that the descriptive headings of the several sections of this Agreement are inserted for convenience only and do not constitute part of this Agreement. I agree that this Agreement will be interpreted under the laws of the State of Illinois, without reference to its conflict of laws provisions. I further agree that any dispute regarding this Agreement will be brought in the courts in Cook County, Illinois, and that I waive any argument of inconvenient forum.
10. I am the custodial parent or legal guardian of my child and I hereby consent to their participation in the Programs. I have read and understand this Agreement and agree to be bound by its terms on behalf of myself, my child, and anyone who may act on behalf of my child in the future. No oral representations or statements or inducements have been made to me that modify anything within the written Agreement. This Agreement replaces any previous waiver or release that I have signed with Easel Art and will remain in effect for all Easel Art Programs in which Participant participates now and in the future unless I sign a replacement waiver or release with Easel Art.
