RECITALS
A. Company organizes and engages student artists, from multiple school districts, in an in the moment competition to make the best artwork possible in various categories (the “Competition”).
B. Participant desires, and Company has agreed to permit Participant, to participate in the Competition.
In consideration of the parties’ mutual covenants and representations in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the parties agree as follows:
1. Art Competition. Company agrees to permit Participant to participate in the Competition, which may include, but may not be limited to, utilizing mechanical equipment, sharps, and other potentially dangerous or hazardous objects in the creation of artwork (the “Competition Activities”). Participant agrees to participate in the Competition and shall do so in a reasonable, prudent, and safe manner.
2. Acknowledgement. Participant acknowledges that the physical exertion and tools and equipment required to complete the Competition Activities can activate or aggravate injuries, conditions or congenital defects Participant acknowledges that Participant’s mental and physical health are in a condition compatible with participating in the Competition Activities. Participant acknowledges that Participant will not be under the influence of alcohol, drugs, including prescription, illegal, or over-the-counter medication, that could impair Participant’s ability to participate in the Competition Activities.
3. Assumption of Risk. Participant understands that the Competition Activities have an inherent level of risk of bodily injury, illness, death, and personal property damage. Participant is aware that participating in the Competition Activities involves hazards including: equipment failure; failure to properly adjust or fasten equipment; improper use of equipment; slips and falls; and over-exertion. Participant freely accepts and fully assumes all risks, dangers and hazards, and the possibility of personal injury, death, property damage and loss resulting from the Competition Activities.
4. Release of Liability; Waiver of Claims. Participant freely and expressly agrees to waive any and all claims that Participant has or may have now or in the future against Company and releases Company from any and all liability for any loss, damage, expense or injury, including death, that Participant may suffer or that Participant’s heirs may suffer, whether foreseen or unforeseen, as a result of Participant’s participation in the Competition, due to any cause whatsoever, including gross negligence, breach of contract, or breach of any statutory or other duty of care. Participant hereby declares that the terms of this Agreement have been completely read and are fully understood and voluntarily accepted for the express purpose of precluding forever any and all claims, including subrogation claims or liens, disputed or otherwise, on account of any injuries and damages incurred by Participant, arising out of the Competition and Competition Activities.
5. Indemnification. Participant will indemnify Company, its successors and assigns, against, and will hold Company, its successors and assigns, harmless from and against, any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, that Company incurs to the extent caused by Participant’s breach of any of the terms and conditions contained in this Agreement.
6. Survival. All of this Agreement’s terms will survive and be enforceable after the Effective Date.
7. Entire Agreement; Modifications. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Competition and Competition Activities. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in a writing executed by the parties. No modifications of this Agreement shall be effective unless set forth in writing and executed by the parties.
8. Binding Effect. This Agreement binds upon and inures to the benefit of the parties and their respective heirs, representatives, successors and assigns.
9. Controlling Law. Minnesota law will govern this Agreement.
10. Severability. The unenforceability or invalidity of any provision of this Agreement shall not render any other provision contained herein unenforceable or invalid.11.
11. Counterparts. This Agreement may be executed in any number of counterparts, all of which together shall constitute the Agreement. Facsimile, scanned PDF or other electronic signatures shall be sufficient for all purposes.