Pikes Peak Artist Collective

STUDENT RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
Please Read Before Signing

WHEREAS, THE UNDERSIGNED, on behalf of himself or herself, his or her personal representatives, heirs, and next of kin (herein referred to as “Applicant”) wishes to be permitted to enter, observe, use, or participate in the classes, premises, facilities, equipment, and affiliated programs, of The Artist Collective, LLC (herein referred to as “PPAC”) for any purpose; and in consideration of, and as part payment for the right to enter, observe, use, or participate in PPAC for any purpose:

Applicant warrants that Applicant has inspected and considered, or immediately upon entering will inspect and consider PPAC’s Facilities and Applicant accepts PPAC’s Facilities as being safe and reasonably suited for Applicant’s entry, observation, use, or participation. Applicant further warrants that Applicant understands that it is solely Applicant’s responsibility to determine whether there is any medical reason that Applicant cannot or should not enter, observe, use, or participate in PPAC’s classes for any reason whatsoever. Applicant further warrants that Applicant takes full responsibility for Applicant’s decision to use or not to use PPAC’s Facilities and agrees to follow all safety instructions. Applicant understands PPAC may take field trips from time to time, including walking around Old Colorado City or going to nearby parks. This waiver shall be applicable for any and all locations in which PPAC and Applicant may be located.

APPLICANT HEREBY RELEASES, WAIVES, AND COVENANTS NOT TO SUE FOR, AND APPLICANT SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS PPAC, ITS AFFILIATES, BRANCHES, DIRECTORS, OFFICERS, EMPLOYEES, INTERNS, VOLUNTEERS, SERVANTS, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY ECONOMIC OR NON- ECONOMIC LOSSES, LIABILITIES, DAMAGES, SUITS, ACTIONS, CLAIMS, ATTORNEY’S FEES, COSTS, EXPENSES, OR DEMANDS, OF EVERY KIND AND NATURE WHATSOEVER, WHETHER FOR BODILY INJURY, PROPERTY DAMAGE, DEATH, OR LOSS OTHERWISE, WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF THE RELEASED PARTIES, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW, ARISING FROM, OR ALLEGED TO HAVE ARISEN FROM, APPLICANT’S PRESENCE, OBSERVATION, USE, OR PARTICIPATION AT OR IN THE STUDIO FACILITIES, AND/OR THE PRESENCE, OBSERVATION, USE, OR PARTICIPATION OF ANY FAMILY MEMBER, DEPENDENT, OR GUEST, INCLUDING ANY MINORS, ACCOMPANYING APPLICANT, AT OR IN THE STUDIO FACILITIES.

APPLICANT VOLUNTARILY AGREES TO INDEMNIFY, HOLD HARMLESS, ASSUME FULL RESPONSIBILITY FOR, AND DEFEND THE RELEASED PARTIES FROM ANY RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE WHILE APPLICANT, APPLICANT’S FAMILY MEMBER, DEPENDENT, OR GUEST, INCLUDING ANY MINORS, ARE PRESENT IN, OBSERVING, USING OR PARTICIPATING IN PPAC’s classes, OR ARISING OUT OF OR IN ANY WAY CONNECTED TO APPLICANT’S, APPLICANT’S FAMILY MEMBER, DEPENDENT, OR GUEST, INCLUDING ANY MINORS, ACCOMPANYING APPLICANT, PRESENCE IN, OBSERVATION OF, USE OF OR PARTICIPATION IN PPAC, WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF THE RELEASED PARTIES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.

Applicant assumes full responsibility for any items lost or stolen while Applicant is present in, observing, using or participating in PPAC classes.

Applicant agrees to abide by all rules promulgated by the Released Parties while Applicant or Applicant’s family member, dependent, or guest, including any minors, are present in, observing, using, or participating in any PPAC activities.

Applicant also states that Applicant is not under the influence of any chemical substance, including, but not limited to, medications, illegal drugs, and/or alcohol, at the time of execution of this RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT.

Applicant further expressly agrees that this RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT cannot be altered in any way, and is intended to be as broad and inclusive as is permitted by Colorado law, and that if any portion of this RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT is held invalid, Applicant agrees that the balance shall, notwithstanding, continue in full legal force and effect.

Applicant fully understands that Applicant’s entrance, observance, use, or participation of or in PPAC’s classes is entirely voluntary. Applicant has read and understood this RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, has voluntarily signed this RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and agrees that no oral representations, statements, or inducement apart from this written agreement have been made to Applicant.

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