Please read the following carefully, and check “I agree” when you are ready to proceed. THE MUSEUM LIABILITY WAIVER In consideration of the services of Pacific Vanguard LLC, dba Museum of What, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “THE MUSEUM”) I hereby agree to release, indemnify, and discharge THE MUSEUM on behalf of myself, my spouse, my children, my pets, my parents, my heirs, assigns, personal representative and estate as follows:
- ACKNOWLEDGE, agree and represent that I understand the nature of physical activities, and that I am in good health, and in proper physical condition to participate in such activity. I DO NOT have any of the following physical limitations listed and/or any medical condition that would prevent me from physical activity: Pregnancy, glaucoma, recent surgery (esp. shoulder, eyes, back, hips, hands or wrists), heart disease, high or low blood pressure, easy onset vertigo, osteoporosis/bone weakness, recent head injury, cerebral sclerosis, propensity for fainting, carpal tunnel syndrome, severe arthritis, sinusitis or head cold, hiatal hernia, disc herniation or acute, discogenic disease, recent stroke, artificial hips, radiculitis (inflammation of nerve root in spine), severe muscle spasms, Botox injections (within 24 hours). THE MUSEUM is not responsible or liable for any psychological/medical conditions including but not limited to: Mental disorders, Anxiety, Schizophrenia, Obsessive-compulsive disorder, personality disorder, depression, Alcohol/substance dependence, bipolar disorder, bulimia, anorexia, binge eating disorder, eating disorder, suicidal thoughts and/or self bodily harm
- . 2. FULLY UNDERSTAND that:1 THE MUSEUM is not liable for any actions taken by pets or service animals on the premises 1.1 owner/guardian/handler of pets and service animals takes full responsibility, financial and liability, for the actions they take. 2.1 THE MUSEUM is not liable of serious bodily injury, including permanent disability, paralysis and death (“Risks”). My participation is purely voluntary and I elect to participate in spite of the risks. b. These Risks and dangers may be caused by my own actions, or inactions, the actions or inactions of others participating in the activity, the condition in which the activity takes place, or the negligence of the Releases named below. 2.2 I certify that I have adequate insurance to cover any injury or damage 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 I may have. 2.3 I FULLY ACCEPT AND ASSUME ALL SUCH RISK AND ALL RESPONSIBILITY FOR LOSSES, COSTS AND DAMAGES I incur as a result of my participation in the activity. 2.4 I acknowledge that THE MUSEUM entails known and unanticipated 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.
- 3. HEREBY RELEASE, discharge, and covenant not to sue THE MUSEUM, their administrators, employees, owners and lessors of premises, on which the activity takes place (each considered one of the Releases herein) from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of the Releases or otherwise, including negligent rescue operations; and I further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement, I or anyone on my behalf, makes a claim against any of the Releases, I WILL NOT INDEMNIFY, AND I WILL SAVE AND HOLD HARMLESS each of the Releases, from an litigation expenses, attorney fees, loss, liability, damage or cost of which any may incur as a result of such claim.
- 4. In the event that I file a lawsuit against THE MUSEUM I agree to do so solely in the state of CALIFORNIA and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
- 5. I agree that THE MUSEUM is in no way responsible for the safekeeping of my personal belongings while I attend to this pop-up museum exhibition.
- 6. I ACKNOWLEDGE that I have read the following Safety Policies, and AGREE TO ABIDE by them at all times. FULLY UNDERSTAND that if I fail to adhere to the Safety Policies below, that I am endangering myself and others, and my class participation may be revoked and no refund will be given.
- 7. PHOTOGRAPHY: I, The undersigned, of legal age, hereby grant, irrevocably and perpetually to THE MUSEUM and their subsidiaries, affiliate, successors and assigns thereof, the following: The right to photograph, video and record my voice, appearance, likeness, and/or written testimony along with any material furnished by me, in whole or in part, in any program provided by THE MUSEUM, or any affiliate, subsidiary or assigned by THE MUSEUM. The right to publish, exhibit and distribute the use of my pictures, voice, appearance, testimonial and/or likeness along with any material furnished by me, in whole or in part, worldwide, for any commercial purpose, including but not limited to the advertising or solicitation of business, by any means of mass and/or electronic media, including but not limited to print, radio, television and promotional material, events and/or marketing plans. I hereby release and agree to indemnify and hold harmless THE MUSEUM and their subsidiaries, affiliates, successors, assigns, officers, directors, agents, owners, employees, thereof, form any and all claims, actions, causes of action, damages, expenses, court costs, attorney fees, liability damage or judgment brought forth as a result of my participation or testimonial materials furnished by me. I hereby acknowledge that I have not been paid or otherwise compensated, not will I be compensated, for my participation to record and publish my name, voice appearance, likeness, and/or written testimony, along with any material furnished by me, in whole or in part. I further certify that all material, whether verbal, written or exhibited by me has not been scripted and represents my individual opinions and beliefs, and are true and correct to the best of my knowledge. 2 Confidentiality Notice: This waiver is for the sole purpose of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited.
- 8. ALCOHOL AND SUBTANCE ABUSE PROHIBITION: Alcohol Consumption and Intoxication is prohibited at our premises. Showing up intoxicated is also prohibited and your ticket will be considered as no show, non-transferrable, non-refundable. You will not be allowed to enter the premises. I have read this agreement, fully understand its terms, understand that I have given up substantial rights on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, not withstanding, shall continue in full force and effect.
- By purchasing a ticket, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against THE MUSEUM 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. PARENT’S OR GUARDIAN’S ADDITIONAL INDEMNIFICATION (Must be completed for participants under age of 18) In consideration of (“Minor”) being permitted by THE MUSEUM to participate in its activities, I further agree to indemnify and hold harmless THE MUSEUM from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor. As the handler/guardian/owner of a pet or service animal, I take full liability for the actions and safety of my pet or service animal and agree to indemnify and hold harmless THE MUSEUM.