Shot of Art LLC Waiver, Release, Hold Harmless and Indemnification Agreement
Shot of Art LLC Waiver, Release, Hold Harmless and Indemnification Agreement
In consideration of being permitted to Shot of Art LLC located at 28 West 36th Street Suite 1026, New York, NY 10018 (hereafter referred to as “Shot of Art”) and to participate in its activities and to use its equipment and facilities, I hereby agree to release, indemnify and discharge Shot of Art, its agents, owners, shareholders, directors, partners, employees, volunteers, manufacturers, participants, lessors, affiliates, its subsidiaries, related and affiliated entities, successors and assigns (the “RELEASED PARTIES”), on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
- I acknowledge that my participation at Shot of Art entails known and unknown risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: pneumatic and airsoft guns, balloons filled with paint, and pottery spinners rotating at a very high speed. I acknowledge and understand that I will be voluntarily engaging in activities that involve airsoft guns, balloons filled with paint, and pottery spinners, which may result in the risk of serious injury, scarring, loss of important bodily function, permanent disability, or death, and may cause severe social or economic losses due to not only my own actions, inaction, or negligence, but also to the action, inaction or negligence of others or conditions of the premises or of any equipment used. Further, I acknowledge that there may be other risks not known to me or not reasonably foreseeable at this time.
- I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
- I expressly agree that I carefully read the Terms and Conditions of my participation in this activity as published on the Shot of Art website and agree to follow all Rules and Regulations outlined in the Terms and Conditions.
- I expressly agree that I carefully read the following Safety Regulations and agree to follow them:
4.1 Our acrylic, water-based paint usually does not cause allergic reactions. Nevertheless, if you believe you may have any medical condition that makes it unsafe for you to participate in this activity, please consult with your doctor or refrain from participating in the art experience.
4.1.1 Protect your clothes and footwear from paint. Paint is easy to wash off the skin and is difficult to wash off clothes, however, every art experience includes an anti-paint protection set (apron, shoe covers, gloves). If you want to get better protection, please let us know and we can provide it for a separate fee. Under no circumstances (even with better protection purchased) will we be responsible for smudging and smearing on your clothing.
4.2 Among the painting techniques employed at Shot of Art there is "shooting + spinning" which implies pneumatic and airsoft guns for shooting artificial guns at balloons filled with paint. Using such guns, make sure to comply with the following safety regulations:
- Use the gun ONLY for shooting at balloons filled with paint
- Do NOT point the gun at yourself and/or at other people in the art space
- Do NOT hold the gun close to your face and eyes, do NOT put it into your mouth, ears, or eyes
- Do NOT look into the gunpoint
- Do NOT shoot at any other targets except for the ones specifically designed for the workshop
- Do NOT take the gun by yourself, without proper permission from the art instructor
- Make sure to use disposable plastic glasses when shooting at the balloons (provided by the art space).
- To create paintings, we use pottery spinners: paintings spin on the wheel at a very high speed. Until the wheel has completely stopped spinning:
- Do NOT stop the pottery spinner by yourself
- Do NOT touch the spinning elements of the spinner until it has stopped completely
- Do NOT turn on or turn off the pottery spinner device on your own
- If you participate in a workshop with minors, you are responsible for explaining the safety regulations to them and making sure the rules are complied with.
- I believe that I am physically, emotionally, and mentally able to participate in shooting pneumatic and/or airsoft guns and balloons filled with paint.
- I will immediately remove myself from participation and notify the nearest staff member if at any time I sense or observe any unusual hazard or unsafe condition, or if I feel that I have experienced any deterioration in my physical, emotional or mental fitness for continued participation.
- I assume all the risks and accept responsibility for the damages following such injury, permanent disability, or even death.
- I hereby voluntarily release, forever discharge, and agree to defend, indemnify, and hold harmless Shot of Art and “RELEASED PARTIES” from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Shot of Art equipment or facilities, including any such claims which allege negligent acts or omissions of Shot of Art.
- Should Shot of Art or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold harmless Shot of Art for all such fees and costs.
- I certify that I have adequate insurance to cover any injury or damage that I may cause or suffer while participating or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition that I may have.
- In the event that I file a lawsuit against Shot of Art, I agree to do so solely in the State of New York, County of New York, and I further agree that the substantive law of New York shall apply in that action without regard to the conflict of the law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
- I agree that if the participant is a minor, this Release of Liability and Assumption of Risk agreement is made on behalf of that minor participant and that all of the releases, waivers, and promises herein are binding on that minor participant. I represent that I have full authority as a Parent or Legal Guardian to bind the minor participant to this agreement.
- I agree that if the participant is a minor I further agree to defend, indemnify and hold harmless Shot of Art from any and all claims or suits for personal injury, property damage, or otherwise which are brought by, or on behalf of the minor, and which are in any way connected with such use or participation by the minor, including injuries or damages caused by the negligence or willful misconduct of the party seeking indemnity.
- I acknowledge the contagious nature of Covid-19 and that the CDC and many other public health authorities still recommend practicing social distancing. I further acknowledge that Shot of Art has put in place preventative measures to reduce the spread of Covid-19. I further acknowledge that Shot of Art cannot guarantee that I will not become infected with Covid-19. I understand that the risk of becoming exposed to and/or infected by Covid-19 may result from the actions, omissions, or negligence of myself and others, including, without limitations, Shot of Art staff and other Shot of Art’s clients and their families.
I voluntarily seek services provided by Shot of Art and acknowledge that I am at increased risk of exposure to Covid-19. I acknowledge that I must comply with all set procedures to reduce the spread while at Shot of Art.
I certify that:
- I am not experiencing any symptoms of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell
- I have not been diagnosed with Covid-19 and have not yet been cleared as non-contagious by state or local public health authorities
- I am following all CDC-recommended guidelines as much as possible and limiting my exposure to Covid-19.
I hereby release and agree to hold Shot of Art harmless from and waive on behalf of myself, my heirs, and any personal representatives any and all causes of actions, claims, demands, damages, costs, expenses, and compensation for damage or loss to myself and/or property that may be caused by any act or failure to act of the Shot of Art, or that may otherwise arise in any way in connection with any services received from Shot of Art. I understand that this release discharges Shot of Art from any liability or claim that I, my heirs, or any personal representatives may have against the Shot of Art with respect to any bodily injury, illness, death, medical treatment, or property damage or theft that may arise from or in connection to any services received from Shot of Art. This liability waiver and release extends to Shot of Art together with all of its owners, partners, and employees.
By signing this document, I acknowledge that if anyone is hurt or property damaged or stolen during my participation in this activity, I may be found by a court of law to have waived my and/or minor participant’s right to maintain a lawsuit against Shot of Art or any RELEASED PARTIES on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it and I agree to be bound by its terms.
I acknowledge that I consent to the use of my electronic signature in lieu of an original signature on paper.