General Waiver and Liability Release

THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION

1. Each person participating in an Earthlings Art Space activity identified herein (referred to as “Activity”) is referred to as “Participant.” I, the undersigned, am a Participant and, if a Participant is under 18 or has a guardian, I am the Participant’s parent or legal guardian. I understand that participating in the Activity referenced herein can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH.

2. I understand the dangers and risks of the Activity and that Participant ASSUMES ALL INHERENT DANGERS AND RISKS of the Activity.

3. In consideration for being permitted to participate in the Activity, I AGREE, to the greatest extent permitted by law, TO WAIVE ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE NOT TO SUE Earthlings Art Space LLC; any employees, chaperones, or volunteers; and all their respective insurance companies, successors in interest, commercial & corporate sponsors, affiliates, agents, employees, representatives, assignees, officers, directors, and shareholders (each a “Released Party”) FOR ANY INJURY, INCLUDING DEATH, LOSS, PROPERTY DAMAGE, OR EXPENSE, WHICH I, OR PARTICIPANT, MAY SUFFER, ARISING IN WHOLE OR IN PART OUT OF PARTICIPANT’S PARTICIPATION IN THE ACTIVITY.

4. I understand that I am engaging in an activity that has numerous inherent risks that could lead to my serious injury (including complete paralysis) or death. I acknowledge that removing those risks is not possible and eliminating those risks would fundamentally change the nature of the activity and would jeopardize the essential qualities of the activity. in further consideration for allowing participant to participate in the activity, i further release and give up any and all claims and rights that i may now have against any released party and understand this releases all claims, including those of which I am not aware, those not mentioned in this release and those resulting from anything which has happened up to now. I agree to pay all costs, including attorneys’ fees, incurred by any released party in defending an investigation, claim, or lawsuit brought by or on participant’s behalf whether arising in whole or in part from participant’s participation in any activity or from any misrepresentations or fraudulent execution of this agreement.

5. I represent that Participant is in good health and that there are no special problems associated with Participant’s physical or mental condition that would enhance the risks of my participation in the Activity, that would increase the likelihood of my injury and/or death, or that would interfere with my safety in the Activity. I authorize a licensed physician or other medical care provider to carry out any emergency medical care for Participant which may be necessary and agree to be fully responsible for any costs associated with such care or transport to such care.

6. BY SIGNING ON BEHALF OF A MINOR OR OTHER PARTICIPANT, I REPRESENT THAT I AM AUTHORIZED TO SIGN ON PARTICIPANT’S BEHALF and/or I AM THE PARENT OR LEGAL GUARDIAN OF THE MINOR PARTICIPANT and acknowledge that Participant is bound by all the terms of this Agreement. I acknowledge that the Activity entails known and unanticipated risks that could result in physical or emotional injury, paralysis, or death to Participant as well as damage to property, or to third parties. I understand that such risk cannot be eliminated without jeopardizing the essential qualities of the activity. I assume the risk and financial responsibility for any injury, illness, or liability resulting from Participant’s participation. I waive any claims and agree to hold harmless and not sue Released Parties from all claims or liability arising out of Participant’s participation. I have been made aware of the itinerary and give permission for Participant to ride in the vehicle designated by the staff of Earthlings Art Space LLC while attending or participating in the Activity, and I understand this release/waiver applies with equal weight to any claim arising from riding in a vehicle, including entering or exiting the vehicle. I certify that the Participant has no medical or physical conditions that could interfere with his/her 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.

7. In case of emergency involving Participant, I understand every effort will be made to contact me. In the event I cannot be reached, I authorize a qualified physician/surgeon selected by Earthlings Art Space personnel to examine and in the event of injury or serious illness administer emergency care to the above-named participant which may include hospitalization, anesthesia, surgery, or injections of medication for Participant. I understand every reasonable effort will be made to contact me to explain the nature of the problem prior to any involved treatment. In the event it becomes necessary for Earthlings Art Space staff or volunteers to obtain emergency care for Participant, I agree that neither the Earthlings Art Space nor any of its personnel assumes financial liability for expenses incurred because of the accident, injury, or illness.

8. I understand that this Agreement will apply for each and every day Participant participates in any Activity. I understand that this Agreement is a contract and, to the fullest extent permitted by law, shall be binding on me and my assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties.