1. Release of Liability: I, the person named on this form, understand that I hereby waive and release any right I may have or acquire to make a claim against or attach the property of both Art Monsters LLC DBA Art Maker Studio and MSA or any of their Board of Directors, officers, members, employees, volunteers or agents for monetary damages caused by injury or death to myself or damage to the property of myself arising from my participation in the activities and use of the facilities and property of the MSA Art Gallery facility (“Studio”).
2. Parties to this Agreement, Roles and Definitions: All references to Art Monsters LLC DBA Art Maker Studio or “AM” includes the owner of Art Monsters DBA Art Maker Studio, Renee Kelly. All references to “MSA” refer to Marin Society of Artists, a California non-profit corporation. AM is the sole operator of the Adult Group/Class and MSA has no responsibility for operation of the Adult Group/Class. MSA’s sole role is to make the MSA Gallery Art Studio available to AM for Art Monsters LLC DBA Art Maker Studio Adult Groups/Classes and to rent Studio 6 to AM.
3. Medical Treatment: In the event of accident or injury, I authorize AM/MSA to summon any and all professional emergency personnel to attend, transport, and treat me and agree to authorize the Releasees or their service providers to obtain medical assistance deemed necessary in their discretion. I assume responsibility to pay for any and all medical and emergency expenses for, including transport, in the event of any accident or injury incurred by myself during AM/MSA Adult Group/Class as a result of participation in the Adult Group/Class regardless of whether I subsequently authorize such expenses.
4. Liability for Property Damage: I understand in addition to being an Art Center, MSA is an Art Gallery containing professional artwork for sale, rent, and viewing purposes. I agree in advance, should ANY artwork contained within the MSA building at 1515 3rd Street, including paintings, drawings, sculptures, etc. be damaged or destroyed by me, said artwork will be paid for in full to MSA by me, and that Art Monsters LLC DBA Art Maker Studio will not be responsible for repair or payment of said artwork. In addition, I agree not to hold AM/MSA responsible in ANY way if I injure or harm another person participating in the AM/MSA Adult Group/Class.
5. Failure to Perform: I understand in the event AM/MSA is unable to perform a scheduled Adult Group/Class due to unforeseen circumstances, however unlikely, such as traffic, sudden illness, death, etc. and is unable to notify me ahead of time, AM/MSA will not be held responsible for ANY cost above and beyond a refunded registration fee.
6. Photo Policy: I understand taking photos of the model or models in the Adult Group/Class is prohibited and I agree not to take ANY photos of the model for ANY reason.
7. Attorney Fee/Venue: In the event of commencement of a lawsuit by either party to enforce the provisions of this Agreement, the prevailing party shall be entitled to receive attorneys’ fees and costs in addition to any other relief granted. AM/MSA incurs its obligations and performs its duties in the County of Marin, State of California. In the event that legal action is undertaken to enforce or interpret Agreement, the sole and exclusive venue shall be a court of competent jurisdiction in the County of Marin, California in accordance with California Code of Civil Procedure section 395 (a) or in the United States District Court for the Northern District of California.
8.Registration/Fees: I understand I must be registered and the $25 fee must be paid ahead of time to participate in the Adult Group/Class.
9. Refund Policy: In the event AM/MSA has to cancel an Adult Group/Class, Art Monsters LLC DBA Art Maker Studio will attempt to contact Client with as much advance notice as possible, and Art Monsters LLC DBA Art Maker Studio will provide a full refund to the paying client for the single cancelled Adult Group/Class. If client is unable to attend a paid for Adult Group/Class for their own reasons, client will be refunded the full amount of the class if he/she cancels at least eight days before the start of the class. If client cancels for their own reasons after eight days before the start of the class, there is no refund and Art Monsters LLD DBA Art Maker Studio will retain the full amount the client paid for the class.