ACKNOWLEDGEMENT OF RISK, WAIVER AND RELEASE OF CLAIMS
PLEASE READ THIS ACKNOWLEDGMENT OF RISK, WAIVER, AND RELEASE OF CLAIMS (THIS RELEASE) CAREFULLY. BY SIGNING THIS RELEASE, YOU WILL GIVE UP CERTAIN LEGAL RIGHTS. IF YOU DO NOT UNDERSTAND ANYTHING IN THIS RELEASE, YOU SHOULD SEEK THE ADVICE OF YOUR LEGAL COUNSEL BEFORE SIGNING BELOW.
The undersigned (you) agrees that when present in the facilities of Madison Circus Space, Inc. a Wisconsin nonstock corporation (MCS). You hereby agree to the following:
Acknowledgement of Risk. You acknowledge there is an inherent risk in the use of props and equipment located in the facilities of MCS (collectively, the "Equipment"). You further acknowledge that such risk includes, but is not limited to physical injury, illness, death, or damage to personal property. You acknowledge that the risks inherent in the use of the "Equipment" are always present and that such risks are increased when the "Equipment" is used incorrectly or unsafely. You represent and warrant to MCS that you have all of the necessary and proper training and knowledge for any and all uses (collectively "Your Use") of the "Equipment" and that you will never intentionally engage in unsafe or improper use of said "Equipment". Your Use will be in accordance with any and all rules, guidance and protocols set forth by MCS. You assume all risk of any injury, damage or loss. This Release applies to all use of the "Equipment" regardless of your authorization for such use.
Waiver and Release Claims. You waive, relinquish, discharge, release, and covenant not to sue MCS, or any of its affiliates, owners, directors, managers, officers, employees, representatives, representatives, board members, agents, assigns or insurers (collectively, the Waived Parties), from any and all rights, claims, demands, causes of action, damages, liabilities or losses, that you, your employer, your assigns, your family members or kin may have or could have had that may arise from or are related to "Your Use" (INCLUDING NEGLIGENCE BUT NOT INTENTIONAL OR RECKLESS MISCONDUCT BY A WAIVED PARTY).
Disclaimer of Liability. In no event shall any waived party be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, however caused and on any theory of liability, whether, of liability, whether in contract, strict liability of tort (INCLUDING NEGLIGENCE BUT NOT INTENTIONAL OR RECKLESS MISCONDUCT BY A WAIVER PARTY) arising in any way out of Your Use, even if such Waived Party has been advised of the possibility of such damage. This disclaimer of liability applies to any damages, injuries or losses including, without limitation, personal injury, death or property damage, under any cause of action.
I hereby grant the Madison Circus Space, its board members and assigns the right to publish and copyright my image and/or the image of my child/dependent (including audio, moving image, or photography) in any editorial and/or promotional material produced and/or published by the Madison Circus Space unless I explicitly request an exemption by mailing Madison Circus Space or emailing email@example.com. MCS will make a best faith effort to honor exemption requests, but cannot guarantee that images taken at public events held at the Madison Circus Space will not contain exempted individuals. Requests for image removal will be honored whenever MCS has authority over an account. Questions, take-down requests or requests for exemptions should be addressed to firstname.lastname@example.org.
Additional Representations. You acknowledge you have had an opportunity to object to any or all the terms described herein and, after careful consideration, fully understand the extent of the waiver represented by such terms in their aggregate and waive any right to bargain for different terms. You understand that if you later learn that any fact you believed to be true at the time you signed this Release is later found to be incorrect, you nevertheless are bound by this Release.
YOU HAVE READ THIS RELEASE THOROUGHLY. YOU SIGN THIS RELEASE VOLUNTARILY ON BEHALF OF YOURSELF, YOUR HEIRS, NEXT OF KIN, ASSIGNS, PERSONAL REPRESENTATIVES AND RELATED INDIVIDUALS. NO ONE HAS MADE ANY REPRESENTATIONS, STATEMENTS OR INDUCEMENTS THAT CHANGE OR MODIFY ANYTHING 1WRITTEN IN THIS RELEASE.
An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and, in some cases, death. By entering and attending Madison Circus Space, I voluntarily assume all risks related to exposure to COVID-19.
I promise that every time I come to MCS:
- I do not have new or worsening symptoms of COVID-19.
- OR if I had symptoms of COVID-19, I have gotten tested and received a negative test result.
Symptoms of COVID-19 include fever, sudden loss of taste or smell, vomiting or diarrhea, cough, shortness of breath, or sore throat. Some people have these symptoms due to other chronic conditions they have -- we don't mean typical symptoms that you usually have! We mean a new, unexplained, unusual onset of these symptoms.
If for some reason I need to come to MCS I will follow the CDC and PHMDC's latest COVID-19 policies, described on the MCS website.
I will use any personal protective equipment (“PPE”) that is recommended by applicable public health and/or MCS’ guidelines for using the space;
I understand that by using MCS, I could contract COVID-19 and I, hereby, provide my informed consent, or if applicable, my guardian gives informed consent on my behalf, of such risk.
I hereby acknowledge and agree that I will adhere to the following safety and health protocols, whether as a member, student, or other participant at Madison Circus Space: