In exchange for participation in the above described event organized by Museum of Outdoor Arts ("MOA"), of 1000 Englewood Parkway, Englewood, Colorado, 80110 and/or use of the property, facilities and services of Museum of Outdoor Arts, I agree to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Museum of Outdoor Arts, or the employees, representatives or agents of Museum of Outdoor Arts.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Museum of Outdoor Arts, its employees, trustees, agents, representatives, heirs, agents, successors, and assigns ("The Released Parties") for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Museum of Outdoor Arts, whether caused by the fault of myself, my family, the Released Parties, or other third parties. Because Museum of Outdoor Arts is open for use by other individuals, I recognize that by participating in this event, I am at higher risk of contracting COVID-19.
3. INDEMNIFICATION. I agree to indemnify and defend the Released Parties against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Museum of Outdoor Arts. I further agree to release the Released Parties from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or my family related to COVID-19, whether caused by the negligence of the Released Parties, any third-party using Museum of Outdoor Arts, or otherwise, while participating in any activity while in, on, or around Museum of Outdoor Arts and/or while using any Museum of Arts' facilities, tools, equipment, or materials.
4. FEES. I agree to pay for all damages to the facilities of Museum of Outdoor Arts caused by any negligent, reckless, or willful actions by me or my family.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Colorado law.
6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Museum of Outdoor Arts has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
7. ENFORCEABILITY.The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.