RELEASE AND WAIVER OF LIABILITY DURING COVID-19
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND CONSTITUTES A CONTRACT BETWEEN ME AND Kiki’s Corner Photography LLC “PHOTOGRAPHER”.
I SIGN THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT DURESS OR COERCION AND I AM AND HAVE BEEN FULLY INFORMED OF THE CONSEQUENCES OF MY SIGNATURE HERETO.
I AM AWARE THAT PARTICIPATION IN THIS SESSION MAY INVOLVE INTERACTION THAT COULD POTENTIALLY LEAD TO INJURY, SICKNESS OR EVEN DEATH. I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES AND INTERACTIONS WITH KNOWLEDGE OF THE DANGER INVOLVED AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH, PROPERTY DAMAGE, OR OTHER LOSS, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN. I AM EXPRESSLY ASSUMING THE RISKS ASSOCIATED WITH MY PARTICIPATION IN THIS ACTIVITY. I AM EXPRESSLY ASSUMING THE RISKS ASSOCIATED WITH THE CURRENT COVID-19 PANDEMIC AND CONTINUE THIS ACTIVITY AGAINST CENTER FOR DISEASE CONTROL AND/OR GOVERNMENTAL DIRECTIVES.
I certify that I am fully capable of participating in this activity. Therefore, I assume and accept full responsibility for myself, including all minor children in my care, custody, and control, for bodily injury, death, or loss of personal property and expenses as a result of those inherent risks and dangers not specifically identified, and as a result of my negligence in participating in this activity.
I hereby waive, release and forever discharge PHOTOGRAPHER (“Released Parties”) from any and all claims I may have now or arising in the future related to my participation in the photography session. I covenant and agree not to sue any Released Parties for any such claims. I hereby waive, release and forever discharge the Released Parties from all of the following (the “Claims”): any and all claims, liabilities of every kind, demands, damages (including direct, indirect, incidental, special and/or consequential), losses (economic and non-economic), and causes of action, of any kind or nature, which I have or may have in the future (including court costs, attorneys’ fees and litigation expenses), that may arise out of, result from, or relate to my participation in the session or my travel to and from such activities . I understand and acknowledge that these Claims include, but are not limited to, causes of action for death, personal injury, partial or permanent disability, negligence, and property damage or theft; causes of action relating to the provision of first aid, medical care, medical treatment, or medical decisions; and claims for medical or hospital expenses, including medical transportation services. I understand and agree that the foregoing waiver, release and discharge applies even if the Claims are caused by the negligent acts, omissions, or carelessness of any Released Parties. I understand that this waiver, release and discharge operates for myself as well as on behalf of my spouse, children, parents, guardians, heirs, next of kin and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf. I further agree to indemnify and hold harmless all released parties from any claims which I might make or which might be made on my behalf by others or which might be made against me by others, arising from my participation in the activities provided by the released parties, my travel to or from such activities.
This waiver shall remain valid unless expressly revoked by the participant or parent or guardian of a minor, in writing, with receipt acknowledged by the released parties.
Parent or Guardian Release or Waiver
(Attach to the above waiver and release)
I represent and warrant that I have the authority to give this release.
I am the parent or guardian of [insert name of minor child], a minor, and on the minor’s behalf and on my behalf and on behalf of all other parents or guardians of the minor, I accept the release and waiver of liability at the top of this form as inducement for allowing my child, or this minor, to participate in the activity described above.
I further authorize any emergency medical care which may be necessary for my minor child.
The undersigned Parent or Legal Guardian of the minor child (the “Minor”) agrees:
1. To the express assumption of the risks associated with participation in the activity and fully acknowledges the dangers associated with participation in such events and activities;
2. To indemnify and hold harmless the released parties, including but not limited to any officers, directors, managers, employees, agents, successors, and assigns, from any loss, claim, suit, or judgment, including, but not limited to, the costs of defending any such claims, including, attorneys’ fees, resulting from any injury, death, loss, or damage sustained or claimed by Minor or Minor’s personal representative;
3. To waive the rights of myself and all other parents or guardians of the Minor, and of the Minor, to sue the released parties, its officers, directors, managers, employees, agents, successors, and assigns;
4. To fully inform the released parties of any medical conditions or concerns related to my minor prior to minor’s participation in the event;
5. That the minor has my full consent to and knowledge of participation in this activity.
This Agreement shall be governed by the laws Texas.
In the event any portion of this Release shall be declared invalid, unenforceable or void by a court of competent jurisdiction, the remaining provisions of this Release shall remain in full force and effect.
