Overnight Guest, Day Pass, and Event Participant Waiver and Release

Section 1: Acknowledgment and Assumption of Risks

I, the undersigned party, fully understand and acknowledge that my participation in any and all activities, workshops, programs, classes, or events (collectively referred to as "Activities") operated by Art City, Inc. ("Art City") and conducted on the premises owned by Art City , whether as an overnight guest, day pass visitor, or event participant, inherently involves certain significant risks. These risks, which cannot be eliminated even with the exercise of utmost care, may include severe bodily injury, death, and property damage. By participating in these Activities, I am willingly undertaking these risks and accepting the responsibility for any personal injury, death, or property damage that may result.

Section 2: Physical Demand and Health Declaration

I acknowledge that participation in the Activities may involve physically demanding and strenuous tasks. These tasks may include, but are not limited to, Standing for extended periods; walking or hiking for considerable distances; lifting objects weighing 50 pounds or more; carrying heavy items for prolonged durations; climbing ladders and stairs, or navigating elevated structures; and performing repetitive physical tasks for extended periods. I understand that the Activities may require me to traverse uneven, steep, or challenging terrain, work at significant heights, and engage in continuous physically exerting tasks for several hours without respite.

I declare and affirm that, to the best of my knowledge, I am in good physical health and condition, free from any injuries or medical conditions that would impair my ability to fully and safely participate in the demanding and strenuous tasks that are an essential part of the Activities. I possess the necessary fitness and capability to effectively engage in and complete tasks that require a substantial level of endurance, strength, agility, and overall fitness. I am confident in my capacity to meet these physical challenges without posing undue risk to my health or well-being.

Section 3: Use of Equipment and Facilities

I understand that while using the facilities situated on the Art City properties, I may encounter potentially hazardous tools, equipment, machines, and chemicals. I commit to educating myself about the inherent risks and dangers associated with the use of such items and agree to use them responsibly.

Section 4: Compliance with Rules and Regulations

I pledge to fully comply with all rules and regulations established by Art City. I understand that these rules are in place to ensure the smooth operation of the Activities and the safety and enjoyment of all participants. I acknowledge that failure to uphold these rules or display any disruptive or dangerous behavior could result in my immediate expulsion from the premises without any compensation or refund.

Section 5: Release, Indemnification, and Medical Emergency

I knowingly and intentionally release, indemnify, and hold harmless Art City, and their directors, officers, agents, employees, workshop organizers, supporters, sponsors, and all related entities (collectively referred to as the "Released Parties") from any and all claims, actions, suits, liabilities, damages, expenses, and costs arising out of or in connection with my participation in the Activities, including those arising from my own actions or negligence. In the event of a medical emergency, I authorize the Released Parties to arrange for necessary medical treatment on my behalf and agree to bear any costs incurred due to such treatment.

Section 6: Media Consent

I grant the Released Parties unrestricted rights to use any photographs, video recordings, or voice reproductions of me taken during my participation in the Activities for any lawful purpose. I waive any right to inspect or approve the finished materials and relinquish all rights, titles, and interests to all negatives, prints, digital files, and reproductions of these materials.

Section 7: Privacy Policy

Art City respects your privacy and are committed to protecting your personal information. By participating in the Activities, you acknowledge and agree to the following:

a. Personal Information Collected: Art City may collect personal information, such as your name, address, email address, phone number, and emergency contact information, for registration, communication, and safety purposes.

b. Use and Protection of Personal Information: Your personal information will be used solely for the stated purposes and will not be shared with third parties unless required by law or with your explicit consent. Art City implement reasonable security measures to protect your personal information.

c. Your Rights: You have the right to request access to, correct, or delete your personal information. To exercise these rights, please contact Art City using the provided contact information.

d. Contact Information: For questions, concerns, or requests regarding your personal information or this Privacy Policy, please contact Art City at [info]  at [artcity-inc.com].

By VIEWING this waiver, you acknowledge that you have read, understood, and agree to the terms of this Privacy Policy.

Section 8: Non-Residential Use Agreement

For overnight guests: I acknowledge and agree that my presence on and use of the Art City properties is solely to participate in the Activities conducted by Art City as a visitor. This agreement does not create a residential lease, tenancy, or any landlord-tenant relationship between myself and Art City or any associated entities or individuals and is not subject to the New Mexico Uniform Owner-Resident Relations Act.

As a visitor, I confirm that I do not have the right to use the Art City properties as a residence or domicile, nor do I have exclusive possession of any portion of the properties. My access to and use of the Art City properties is strictly limited to the dates, times, and locations necessary for participating in the Activities.

I understand and agree that my stay on the Art City properties shall not exceed 20 consecutive days at any given time. If my participation in the Activities requires me to stay for more than 20 consecutive days, I acknowledge that after each 20-day period, my status as a visitor will reset, and a new 20-day period will begin.

I expressly agree to vacate the Art City properties immediately upon the conclusion of my scheduled participation in the Activities. Remaining on the properties beyond the agreed-upon period may result in legal action against me for trespass, forcible entry and detainer, or other applicable statutes, and not for violating the New Mexico Uniform Owner-Resident Relations Act.

This agreement permits me to participate in the Activities on the Art City properties only and does not provide any other rights or privileges.

Section 9: Severability

If any provision of this waiver is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Section 10: Governing Law and Jurisdiction

This waiver shall be governed by and construed in accordance with the laws of the State of New Mexico. Any legal action or proceeding arising out of or relating to this waiver shall be brought exclusively in the courts of Quay County, New Mexico, and I consent to the jurisdiction of such courts.

Section 11: Entire Agreement

This waiver constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral.

Section 12: Confirmation of Understanding

For visitors under 18 years of age, a parent or legal guardian must accompany the minor at all times while on the Art City A properties. The parent or legal guardian must sign this waiver on behalf of the minor and assume full responsibility for the minor's compliance with the terms and conditions set forth herein.

I confirm that I have had sufficient opportunity to read this entire document, that I have read and understood it, and that I agree to be bound by its terms. If any portion of this agreement is deemed unenforceable, the remaining portions shall remain in full force and effect.