Waiver, Release & Hold Harmless Agreement
In consideration for my participation in this event / workshop, I hereby agree to:
To release, waive and discharge Downey Art Vibe, Inc. and its departments, officers, agents, employees, representatives, contractors or subcontractors, or their employees (herein referred to collectively as “DAV”) from any and all claims or demands of any kind and from all liability, penalties, costs, losses, damages, expenses, claims, or judgments (including attorney’s fees) resulting from injury, death or damage to any visitor, third parties or property of any kind, which injury, death or damage arises out of or is in any way connected directly or indirectly to my use of Stay Gallery, whether caused by DAV’s active or passive negligence or otherwise. I understand that this release extends to claims that I do not know or do not expect to exist at the time of the signing of this release, and I hereby waive the protections of California Civil Code Section 1542.
To protect, hold free and harmless, defend and indemnify DAV as the owner of Stay Gallery, and its agents, against any loss of equipment, equipment theft, damages, injury, tax liens, or causes of action of any nature, and from all liability, penalties, costs, losses, damages, expenses, claims, or judgments (including attorney’s fees) resulting from injury, death or damage to any visitor, third parties or property of any kind, which injury, death or damage arises out of or is in any way connected directly or indirectly to my use of Stay Gallery, whether caused by DAV’s active or passive negligence or otherwise. This indemnity shall include, without limitation, reasonable attorneys’, experts’ and consultants’ fees, investigation costs, and all other reasonable costs incurred by DAV.
To assume full responsibility for and risk of bodily injury or property damage incurred by myself arising either directly or indirectly from renting or using Stay Gallery, from any cause whatsoever, whether caused by DAV’s active or passive negligence or otherwise.
That neither DAV nor any of its departments, officers, agents or employees shall be liable for any damage to any property owned by me, or my agents, employees, contractors or subcontractors, or their employees, or for any bodily injury or death to such persons, resulting or arising from the condition of using Stay Gallery or its use by me.
That no element of my event(s) and no depictions of or references to any person therein and no characterizations or depictions of any real person in any way shall infringe upon or violate any rights of any person or business organization or is libelous, slanderous, or an invasion of any personal rights of any person.
That I have secured all written consents, waivers, and permissions from any and all of the persons necessary or appropriate for the performance or the use, depiction, or mention of those during my event(s). I shall make available copies of all relevant waivers, consents, and permissions upon request by DAV.
That DAV shall have the right to advertise my use at Stay Gallery. The rights granted under this Paragraph shall include, but shall not be limited to, the right to advertise in any segment of the media. I hereby give DAV permission to use my likeness in promotional materials in order to advertise event(s) in order to bring people to Stay Gallery. DAV shall have the right to distribute, sell, lease, exhibit, license for exploitation, and in any other manner exploit and dispose of, all goods offered for sale in connection with events at Stay Gallery.
Expressly acknowledge that the permission granted hereunder is freely revocable by DAV and in view of such fact, I expressly assume the risk of making any expenditures in connection with this permission, even if such expenditures are substantial.