General Release and Waiver of Liability
As a part of enrollment and participation in the Kalamazoo Institute of Arts’ Kirk Newman Art School classes, workshops, camps, or programs (“KNAS”), the participant (if age 18 or older) or parent/legal guardian on behalf of a minor participant (“Participant”), agrees to and acknowledges the following:
Assumption of Risk
Participant understands and acknowledges that KNAS classes, workshops, camps, and/or programs involve inherent risks, including but not limited to: use of art tools and equipment (including sharp instruments), exposure to art materials and chemicals (such as paints, solvents, adhesives, and ceramics materials), and physical activity within studio and museum environments. These risks may result in injury, illness, allergic reaction, or property damage.
Reasonable measures that align with industry standards will be taken to promote the Participant’s safety, including appropriate instruction, supervision, and the provision and required use of personal protective equipment (PPE) where applicable; however, Participant acknowledges that risks and injury may still arise and the Participant therefore expressly assumes all such risks.
Safety Compliance
The Participant agrees to comply with all safety rules, instructions, and supervision protocols established by KNAS staff and faculty, and acknowledges that failure to do so may increase the risk of injury or illness and may result in removal from the KNAS without refund. This includes, but is not limited to:
- Proper use of tools, equipment, and materials
- Wearing protective gear when required
- Following staff directions at all times
- Respecting studio, classroom, and museum safety guidelines
Failure to adhere to safety requirements may result in dismissal from KNAS without refund.
Medical Acknowledgement
Participant agrees that they are physically able to participate in KNAS activities and have disclosed any special needs. KNAS is committed to providing an inclusive and accessible environment for all participants. Reasonable accommodations for participants with disabilities or accessibility needs will be provided upon request to the extent such accommodations do not fundamentally alter the nature of KNAS or create an undue burden or safety risk. Participant agrees to inform KNAS staff in advance of any accessibility needs so that appropriate arrangements can be made.
In the event of illness or injury, Participant authorizes Kalamazoo Institute of Arts (“KIA”), including KNAS staff and faculty, to:
- Provide basic first aid
- Seek emergency medical treatment, as deemed necessary in KIA’s sole discretion
- Transport the Participant to a medical facility, after initially seeking approval and consent from the Participant or emergency contact. If reasonable attempts to contact are unsuccessful, KIA again reserves the right in its sole discretion to determine if transport to medical facility is required.
In any case of injury, reasonable efforts will be made to contact Participant’s emergency contact in advance of any decision making, however, Participant agrees and acknowledges medical care deemed an emergency or necessary, remains in KIA’s sole discretion.
Participant agrees full financial responsibility for any medical care provided, whether deemed necessary by KIA or authorized by Participant, shall be Participant’s responsibility and KIA shall not be responsible for payment of any such medical costs.
Release of Liability
To the fullest extent permitted by law, Participant releases, waives, and discharges the KIA and their respective trustees, directors, officers, employees, volunteers, agents, and any affiliated individuals acting in a personal or professional capacity (“Released Parties”) from any and all liability for injury, illness, loss, or damage arising out of or related to participation in KNAS, including claims based on negligence. Participant also agrees to indemnify, defend, and hold harmless KIA from and against any and all third-party claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and interest, arising out of or related to Participant’s willful or grossly negligent conductor arising from Participant’s actions or failure to follow Program rules.
Acknowledgement
As a part of class enrollment, the participant (if age 18 or older) or Authorized Representative, acknowledges that they have carefully read and fully understand the terms of the General Release and Waiver of Liability, and confirms this Agreement will be interpreted under and governed by Michigan law. This Agreement is intended to be as broad and inclusive as permitted by law.