PARTICIPATION WAIVER
The undersigned parent or legal guardian (“Representative”) executes this waiver (“Agreement”) on behalf of Representative, the minor participant identified below (“Participant”), and all heirs, executors, estates, and trustees thereof. This Agreement applies to Participant’s participation in all activities, programs, and events (collectively, “Activities”) sponsored, hosted, or otherwise provided by or on behalf of ART ACADEMY OF CINCINNATI, an Ohio nonprofit corporation (including its directors, officers, members, agents, and employees, collectively, the “AAC”), including, without limitation, Camp Art Academy, Teen Academy, Community Courses, and Portfolio Preparation.
Representative consents to Participant’s participation in the Activities. To the maximum extent permitted by applicable law:
Participant and Representative assume all risks associated with the Activities. As with any activity, the Activities may present a risk of property damage, serious bodily injury, and/or death.
Participant and Representative hereby waive and release the AAC from all claims, demands, damages, and causes of action of any nature which either has or may have in connection with the Activities.
Without limiting the foregoing, the AAC shall not be liable to Participant or Representative for: (a) any indirect, incidental, consequential, punitive, special, or speculative damages in connection with the Activities, regardless of whether the AAC has been advised of the possibility thereof; and (b) any liability to Representative or Participant in excess of $500, regardless of the cause of action.
The Activities does not impose any obligation on the AAC to provide transportation. Representative is solely responsible for arranging transportation. Without limiting the foregoing waivers, AAC is not liable for any, and Participant and Representative hereby waive all claims related to, any and all property damage, bodily injury, and death incurred by Participant in relation to the transportation to or from the Activities, lack or delay of transportation, or injuries caused by third parties during such transportation.
Representative shall ensure Participant is picked up by Participant’s parent, legal guardian, or other authorized adult promptly after the Activities. At all times during the Activities, Representative must be available at the phone number set forth below. This is the number that AAC will use to contact Representative regarding Participant for all matters, including emergencies. AAC shall be entitled to release Participant with any individual purporting to be an adult authorized to pick up and transport the Participant, with whom Participant expresses familiarity, in the sole and absolute discretion of AAC, and AAC shall have no liability for doing so nor any obligation to verify the statements made by or identity or relationship of the same.
Representative and Participant shall comply with all rules and regulations of the AAC, as may be modified by the AAC at any time, as well as all directions of AAC employees and representatives at all times. Participant’s failure to so comply may result in termination of Participant’s Activities and Representative agrees to promptly pick up the Participant in such case.
In the event of an emergency, as determined by AAC, you authorize AAC to dial 911 and perform any actions or procedures any AAC representative believes in good faith to be necessary or advisable for the best interests of the Participant’s health. Representative and Participant release AAC from any claims related to such actions. The foregoing authorization shall not obligate AAC or any representative thereof to take any such actions.
This Agreement and all claims related to this Agreement and the Activities shall be governed by Ohio law and subject to the exclusive jurisdiction and venue of the courts of Hamilton County, Ohio; provided, however, Representative and Participant hereby agree to first submit all disputes related to this Agreement and/or the Activities to non-binding mediation administered by the Cincinnati Bar Association, with such mediation to be held in Cincinnati, Ohio. The cost of such mediation shall be shared equally by Representative and AAC, and each party shall pay its own attorney fees in connection therewith. In the event of any subsequent court action, Representative and Participant shall pay all of AAC’s court costs and reasonable attorney fees in connection with any such dispute. Representative and Participant hereby irrevocably waive the right to a trial by jury in any such dispute. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the remainder of this Agreement shall remain in full force and effect and such unenforceable provision shall be interpreted to the maximum legal extent to reduce AAC’s liability.