ACCIDENT & INJURY WAIVER

TERMS OF PARTICIPATION

ACCIDENT & INJURY WAIVER, RELEASE OF LIABILITY

CONSENT TO URGENT MEDICAL TREATMENT, CONSENT TO BE PHOTOGRAPHED

1. On behalf of myself and my minor child(ren), I acknowledge and agree that the activities and programs sponsored by the Elmhurst Art Museum, a non-profit corporation (“EAM”) that I or my minor child(ren) have chosen to participate in (“Activities”) pose risks of serious injury, disease, death or property loss.The risks include, but are not limited to, those caused by COVID-19 infection or other diseases, slips and falls, facilities, supplies, equipment, weather, temperature, dehydration, acts of God, vehicular traffic, and actions of other people including, but not limited to, participants, volunteers, viewers, teachers, program administrators, and/or producers of the Activities. I acknowledge that these risks are inherent to participation in the Activities.
   
   
2. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is a contagious, life-threatening virus. EAM has implemented preventive measures intended to reduce the spread of COVID-19 and other infectious diseases, such as influenza. However, EAM cannot guarantee that you, your child(ren) or other family members or associates will not become infected with COVID-19 or any other infectious disease.
   
   
   1. I understand that the risk of becoming exposed to or infected by COVID-19 or other infectious disease at EAM may result from the acts or omissions of myself and others, including, but not limited to, EAM employees, volunteers, program participants and their families.
      
      
   2. By signing this agreement, I voluntarily assume the risk that I, my child(ren), other family members and associates may be exposed to or infected by COVID-19 or any other infectious disease by my or my child(ren)’s participation in the Activities and that such exposure or infection may result in personal injury, illness, disability, or death. I acknowledge that I am solely responsible for determining whether anyone within my household has health conditions that would increase risk of infection or serious illness, and whether it is appropriate for me or my minor child(ren) to participate in the Activities.
      
      
3. I agree to comply with EAM rules, whether written or verbal, designed to protect the health, safety and property of participants, visitors, EAM and its employees and associates. I agree that my or my child(ren)’s failure to comply may result in expulsion from the Activities.
   
   
4. I hereby consent, on behalf of myself and my minor child(ren), to receive urgent medical treatment that may be deemed advisable in the event of injury, accident and/or illness during the Activities.
   
   
5. I understand that I, my minor child(ren), and my / their artwork, may be photographed during the Activities. I agree to allow these photos, videos or other likeness to be used for any legitimate purpose by EAM, the event holders, producers, sponsors, organizers and their assigns.
   
   
6. With this knowledge and understanding, I, on behalf of myself and my minor child(ren), assume all the risks of participating and/or volunteering in the Activities. In consideration of permitting me to participate in the Activities, On behalf of myself and my minor child(ren, my heirs, executors, administrators, assigns and personal representatives, I DO HEREBY  WAIVE, RELEASE, HOLD HARMLESS, DISCHARGE, and AGREE NOT TO SUE EAM, its successor and affiliated entities and each of their respective officers, directors, board members, managers, members, employees, volunteers, agents, representatives, program sponsors, or program volunteers,(“Released Parties”) for any and all claims, demands, or causes of action, of any kind or nature, for any loss, damage, physical or mental illness or injury, including, but not limited to, any injury, illness, disease, death or property damage arising from or in any way relating to my participation in the Activities. I realize that the liabilities I am expressly releasing and discharging may arise from acts or omissions by any of the Released Parties, other participants and third parties, or from dangerous or defective equipment or property owned, maintained or controlled by the Released Parties and regardless of whether a COVID-19 or other infection occurs before, during, or after participation in any EAM program.
   
   
7. This agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
   
   
8. I acknowledge that I have read this document and I understand its content. I am aware that this is a release of liability as well as a contract and I sign it of my own free will. The undersigned parent and/or legal guardian does hereby represent that he/she is, in fact, acting in such capacity and is fully responsible and agrees to fully defend, indemnify and hold harmless each and all of the Released Parties from all liability, loss, cost, claim or damage whatsoever, including reasonable attorneys’ fees and costs, which may be imposed upon or incurred by the Released Parties because of any defect in or lack of such capacity to so act and release the Released Parties on behalf of the minor and the parents or legal guardian.