RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
In consideration, the receipt and sufficiency of which is hereby acknowledged, for being allowed to participate in the trip described in the itinerary attached hereto and incorporated herein (the “Activities”) the undersigned participant (the “Participant”) hereby enters into this RELEASE OF LIABILITY AND INDEMNITY AGREEMENT (this “Agreement”) as of the date set forth below.
1. ACKNOWLEDGEMENT OF RISKS: Participant recognizes and understands that there are risks associated with Participant’s participation in the Activities including, but not limited to, bodily injury or death to persons and damage to property. The Participant has read the description of the Activities in the itinerary and recognizes the risks thereof.
2. APPLICABILITY AND SCOPE OF RELEASES AND INDEMNITIES: : For purposes of this Agreement, “Claims” shall mean any past, present and future claims, losses, costs, expenses, liabilities, demands, or causes of action, and costs of defense or settlement (including, without limitation, attorneys’ fees and court costs). For purposes of this Agreement, the term “Released Parties” shall mean MAD ABOUT ART! and its respective present and former officers and directors, affiliates, employees, staff, volunteers and agents, including but not limited to, Dr. Timothy James Strandring. The releases, waivers and indemnities contained in this Agreement expressly shall apply regardless of whether the Claims to be released, waived or indemnified against arise, or are alleged to arise, from negligence (whether sole, joint or concurrent), gross negligence, negligence per se, and/or strict liability of the Released Parties; personal injury, sickness, death or property damage; acts of any other persons or Participants; theft, burglary, assault, or other crimes; fire, water, wind, rain and/or smoke and /or any other risks and hazards associated with Participant’s participation in the Activities.
3. RELEASE FROM LIABILITY: Participant hereby RELEASES AND FOREVER DISCHARGES, and WAIVES any and all Claims against any of the Released Parties that arise from or relate to Participant’s participation in the Activities—including, but not limited to, the types of claims enumerated in Paragraph 2—and agree not to sue any of the Released Parties for such Claims. Without limiting the foregoing, Participant agrees that the Released Parties shall not be liable to Participant, Participant’s family, or Participant’s successor, assigns, heirs or representatives for personal injury, property damage, or any other Claims arising from or related to Participant’s participation in the Activities.
AGREEMENT TO INDEMNIFY AND HOLD HARMLESS: Participant agrees to INDEMNIFY and HOLD HARMLESS the Released Parties against any and all Claims arising from or related to Participant’s participation in the Activities—including, but not limited to, the types of Claims enumerated in Paragraph 2.. As used herein, “INDEMNIFY” means to agree to assume the Released Parties’ liability in a situation, thereby relieving them of responsibility, and/or reimbursing the Released Party for Claims asserted against them.
SUCCESSOR, VENUE: Participant understands that this Agreement shall be binding on Participant’s heirs, executors, successors and assigns; that the Agreement will be governed by the laws of Colorado; and that jurisdiction and venue for resolution of any dispute regarding this Agreement shall lie in the Courts of Denver County, Colorado. If any part of this Agreement is determined to be invalid or unenforceable, it does not affect the validity of the remainder of this Agreement.
In signing this reservation form, I accept the Terms & Conditions. We also declare that we have been advised to purchase trip cancellation/baggage insurance and that I/we will not hold Mad About Art nor its agents responsible for any expenses incurred.
In witness whereof, I/we have read, understood and execute this Assumption of Risk.