In simple words and legal language. I must make sure you are free and healthy, and understand that living is risky :)

Liability Waiver and Release Agreement

As a sole proprietor, I need to make clear to you that there are some common risks associated with your participation in activities with me and make sure you agree to waive your right to go after me legally for something that happened during our meetings.  Unfortunately, this step seems to be necessary in our legal environment.

This is a standard document written in legal language, with a simplified summary preceding it. 

Simple Summary

"Activity" in this document means participation in any service provided by Lena Nechet and the people I engage ("Provider"). "Participant" is you and those for whom you are responsible by law.

In essence, if you agree to interact with me (Provider), you simultaneously agree with these statements as if you have signed a contract, saying:

  1. I wish to participate in this activity.
  2. I acknowledge that this activity is voluntary and by its nature poses the potential risk of serious physical or emotional injury and even death for all participants.
  3. I am aware that no coverage for medical treatment is provided.
  4. To participate, I assume all potential risks, including economic loss.
  5. I warrant that I am mentally and physically fit, capable, and able to participate without any limitations.
  6. I understand, acknowledge, and agree that Provider shall not be liable for any injury or illness suffered
    by me in association with preparing for and participating in this activity.
  7. I hereby agree to hold harmless Provider and free from any liability in connection with the activity.

Agreement Clauses

Please read the all clauses in formal language because my simple summary is too basic and made to show you what to expect from this document.

Release of Liability Clause

In consideration for being allowed to participate in this Activity, I release from liability and waive my right to sue Provider and her agents from any and all claims, including claims of their negligence, resulting in any physical injury, illness (including death) or economic loss I may suffer or which may result from my participation in this Activity, travel to and from the Activity (including air travel), or any events incidental to this Activity.

Expresses Assumption of Risk Clause

I am voluntarily participating in this Activity. I understand that there are risks associated with my participation in this Activity, such as physical and/or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability, death or economic loss. These injuries or outcomes may arise from my own or other’s actions, inactions, or negligence, or the condition of the Activity location (s) or facility (ies). Nonetheless, I assume all risks of my participation in this Activity, whether known or unknown to me, including travel to and from the Activity (including air travel) or any events incidental to this Activity.

Hold Harmless Clause

I agree to hold Provider and the agents harmless from any and all claims, loss or damage to my personal property, liabilities and costs, including attorney’s fees, as a result of my participation in this Activity, including travel to and from the Activity (including air travel) or any events incidental to this Activity. If Provider incurs any of these types of expenses, I agree to reimburse Provider.

Understanding and Acknowledgement Clause

I have read this document, and I am signing it freely. I understand the legal consequences of signing this document, including (a) releasing Provider from all liability, (b) waiving my right to sue Provider, (c) and assuming all risks of participating in this Activity, including travel to and from the Activity (including air travel) or any events incidental to this Activity.

Medical Concent Clase

If I need medical treatment as a result of my participation in this Activity, travel to and from the Activity (including air travel), or any events incidental to this Activity, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware that the District does not provide health insurance for me and that I should carry my own health insurance.

Consent by a Parent or Legal Guardian

I am the parent or legal guardian of the Participant. I have read this document, and I am signing it freely. I understand the legal consequences of signing this document, including (a) releasing the Provider from all liability on my and the Participant’s behalf, (b) waiving my and the Participants’ right to sue the Provider, (c) and assuming all risks of Participant’s participation in this Activity, including travel to and from the Activity (including air travel) or any events incidental to this Activity. I allow the Participant to participate in this Activity. I understand that I am responsible for the obligations and acts of the Participant as described in this document. I agree to be bound by the terms of this document.

Conclusion

For purpose of this Release, liability means all claims, demands, losses, causes of action,
suits, or judgments of any kind that Participant or participant’s parents, guardians,
heirs, executors, administrators, and assigns may have against Provider because of
Participant’s personal, physical, or emotional injury, accident, illness or death, or because
of any loss of or damage to property that occurs to Participant or his or her property during
Participant’s participation in the Activity that may result from any cause including but not
limited to Provider's own passive or active negligence other than fraud, willful
misconduct or violation of the law.

Participant and/or parents or guardians who do not wish to accept the risks described in
this Agreement should not sign this Agreement, and will not be allowed to participate in the
Activity.

I acknowledge that I have carefully read this voluntary activities participation form and that I
understand the potential dangers incident to engaging in this Activity, am fully aware of the legal
consequences of this agreement, and agree to its terms and understand I am waiving certain rights
and assuming the risk of damage from my participation in the Activity.

  • Properties: formal

Author

Lena Nechet, artist - Fine art, media productions, language.
San Diego, California , USA, LenaNechet.com
Art@LenaNechet.com 323-686-1771

I accept payment via PayPal and Zelle under my business email Art@LenaNechet.com

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