I have read and understood this document and I agree to be bound by its terms.

TWIN RIVERS COUNCIL FOR THE ARTS

 

AFFILIATE’S RELEASE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT

In consideration of participating in Twin Rivers Council for the Arts/Emy Frentz Arts Guild activities, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence Twin Rivers Council for the Arts & the Emy Frentz Arts Guild, and its owners, directors, officers, employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as “Releasees”), on behalf of myself and/or my organization and its members, and also agree as follows:

 

1. I acknowledge that activities at the Emy Frentz Arts Guild or sponsored by Twin Rivers Council for the Arts involve unknown and unanticipated risks which could result in physical or emotional injury, disability, death, and or property damage. Risks include, but are not limited to musculoskeletal injuries and broken bones from trips and falls, and/or overuse injuries caused by my chosen activity, injuries caused by loud or unanticipated noises, equipment or displays that break or otherwise fail; medical conditions resulting from my chosen physical, social, or intellectual activity; and damaged clothing or other property. I understand such risks simply cannot be eliminated, despite appropriate care and precautions, without jeopardizing the essential qualities of my chosen activity.

 

2. I expressly accept and assume all of the risks inherent in my chosen activity or that might have been caused by the negligence of the Releasees. My participation in this activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.

 

3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my participation in my chosen activity, or my use of any space at the Emy Frentz Arts Guild, arising from negligence. This release does not apply to claims arising from intentional conduct of the Releasees. Should Releasees or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

 

4. I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in my chosen activity and while using space at the Emy Frentz Arts Guild, and I agree to bear the costs of such injury or damage myself, of any individual participating in an event that is a direct result of my affiliation with Twin Rivers Council for the Arts and/or the programming of my organization held at the Emy Frentz Arts Guild. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume and bear the costs of – all risks that may be created, directly or indirectly, by any such condition.

 

5. If I am both a studio holder and an affiliate, my lease agreement shall govern the rights and responsibilities granted by my rental lease and this affiliate agreement shall govern the rights and responsibilities as described by TRCA’s online description of Artist Affiliation benefits and will apply to common use spaces at the Emy Frentz Arts Guild.  In the event a discrepancy exists between my lease agreement and the release and indemnification agreement herein, the release and indemnification shall prevail.

 

6. In the event that I file a lawsuit, I agree to do so solely in the state of Minnesota, and I further agree that the substantive law of that state shall apply.

 

7. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain

in full force and effect.  By signing this document, I agree that if I am hurt or my property is damaged during my participation in my chosen activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.  I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that use of space or equipment at the Emy Frentz Arts Guild might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release, and agree that the opportunity to participate at the stated affiliation cost in return for the execution of this release is a reasonable bargain. I have read and understood this document and I agree to be bound by its terms.

 

 

_________________________       _______________________               ____________          __________________

Signature                                        Print Name                                         Date                            Phone Number

 

_________________________       _______________________      

TRCA Affiliate Organization                 Organizational Role                                    

_________________________       _______________________     ____________________________

Email Address                        Street Address                        City, State, Zip

I have read and understood this document and I agree to be bound by its terms.