PARTICIPANT AGREEMENT, RELEASE OF LIABILITY, AND ACKNOWLEDGEMENT OF RISK

In consideration of the services of the Denali Arts Council, a non-profit organization, its agents, owners, officers, directors, volunteers, employees and all other persons or entities associated with it I agree and acknowledge as follows:
1. The activities of the Denali Arts Council Upper Susitna Fine Arts Workshops which my child is to participate in entail known and unknown risks, including exposure to COVID-19, that could result in property damage, physical or emotional injury, or death. I understand that certain risks are inherent and cannot be eliminated without jeopardizing the essential qualities of the activity.
2. Acknowledgement and Voluntary Assumption of Risk: I am aware that the activities of the Denali Arts Council Upper Susitna Fine Arts Workshops which my child is to participate in entail the risk of property damage or loss, personal or psychological injury, or death. I understand that the description of the above list is not complete, and that other unknown or unanticipated risks may result. I agree to assume responsibility, on behalf of my child, for all risks, including those risks not specifically stated.
3. Ability to Participate and Denial of Participation: My child’s participation in this program is purely voluntary. No one is forcing or requiring himself/herself to participate and I chose to authorize my child’s participation in spite of the known and unknown risks. I certify that my child is physically and mentally capable of participating in the activity and/or using the equipment. I understand that the Denali Arts Council reserves the right to deny any person participation before or during the program if it determines that person to be mentally, physically, or otherwise unprepared, or if it determines that person poses a potential risk of danger to him/her or others.
4. Disclosure of Information, Medical Attention & Insurance: I have read all information provided by the Denali Arts Council concerning the Upper Susitna Fine Arts Workshops, and have completely and accurately filled out all required forms and information on behalf of my child. I certify that I am willing to assume the risk of any physical or mental condition that my child may have. In the event of an accident or illness requiring medical attention, where I or another parent or legal guardian cannot be reached, I authorize treatment of my child on an emergency basis. I certify that I have adequate insurance to cover any injury, damage, or loss my child may cause or suffer while participating, or else I agree to bear the costs of such injury, damage, or loss myself.
5. COVID-19 Affirmation and Additional Risk Disclosure: I affirm that neither I, my child(ren), nor anyone in my immediate household, including the participant in this activity, have been diagnosed with, demonstrated any symptoms of, or have been exposed to COVID-19, and/or any mutation or variation thereof within the past 14 days. I understand that participation in this activity during the COVID-19 Pandemic increases the risk of exposure to COVID-19, and/or any mutation or variation thereof. I am also aware that such exposure can occur directly or indirectly. I understand that the risk of exposure cannot be eliminated. I understand that the risk of exposure includes mandated quarantining, short- or long-term hospitalization, permanent injury, and death, as well as psychological injury. I understand that exposure may impair the participant’s future ability to earn a living, to engage in business, social, and recreational activities, and to generally enjoy life. I further understand that some individuals are more susceptible to the risks of exposure to COVID-19, including people over the age of 65, people with serious underlying health conditions such as high blood pressure, chronic lung disease, diabetes, obesity, asthma, and those whose immune systems are compromised. I understand that if I or my participating children fall within one of these categories, there is greater risk.
6. Binding Indemnification: I agree to defend, hold harmless and indemnify the Denali Arts Council from any claim, liability, loss, damages or expenses resulting or arising from a claim brought by a fellow participant, rescuer, or any other person for loss or damage caused by my child’s conduct. I agree to defend, hold harmless and indemnify the Denali Arts Council for any and all claims whatsoever brought by or on behalf of the child. In the event that the Denali Arts Council or anyone acting on its behalf is 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.
7. Independent Contractors: The Denali Arts Council sometimes recommends and/or employs independent contractors for various services, including transportation. The Denali Arts Council does not retain control over these contractors and is not liable for their acts or omissions, negligent or willful.
8. Severability: If any part of this agreement is deemed unenforceable by a court of competent jurisdiction, all other parts shall be given full force and effect.