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ATTACHMENT A: SAMPLE AGREEMENT <br />Art Under Glass Project <br />WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT <br />1. In consideration for receiving permission to participate in the Art Under Glass Project to install and display in <br />windows at the Church and Orrington building (specific location to be input), ( "the Project") from June 1, 2009 through <br />August 31, 2009 (insert whatever dates agreed upon) I as the artist or a representative of the arts organization or group ( "the <br />Artist ") hereby release, waive, discharge and agree not to sue EvMark, Farnsworth Hill, the City of Evanston, its <br />coordinators, servants, agents and volunteers (hereinafter referred to as "releasees ") from any and all liability, claims, <br />demands, actions and causes of action whatsoever arising out of or relating to any loss, damage or injury, including death or <br />disability, that may be sustained by the Artist, or to any property belonging to the Artist, whether caused by negligence, or <br />otherwise, while participating in the Project, or while in, on or upon the premises where the Project is being conducted, while <br />in transit to or from the premises, or in any place or places connected with the Project. <br />2. The Artist is fully aware of risks and hazards connected with being on the premises and participating in the Project, <br />and the Artist is fully aware that there may be risks and hazards unknown to the Artist connected with being on the premises <br />and participating in the Project, and the Artist hereby elects to voluntarily participate in the Project, to enter upon the above <br />named premises to install art work and subsequently remove it. The Artist voluntarily assumes full responsibility for any <br />risks of loss, property damage or personal injury, including death, or any loss or damage to property owned by the Artist as a <br />result of the Artist's participation in the Project, whether caused by the negligence or otherwise. <br />3. Farnsworth Hill will notify the Artist and EvMark in writing if a renter has been found for the space. The Artist <br />agrees to vacate the premises two weeks from receipt of the notice. <br />4. It is the Artist's express intent that this Agreement shall bind the members of our families and spouses, if I /We are <br />alive, and our heirs, assigns and personal representative, if I/We are deceased, and shall be deemed as a Release, Waiver, <br />Discharge and Covenant Not to Sue the above named releasees. <br />In signing this Agreement, I, as The Artist or a representative of the Arts Organization acknowledge and represent that: <br />A. 1, as the Artists or a representative of the Arts organization have read the foregoing Agreement, understand it, and <br />sign it voluntarily as my own free act and deed; <br />B. No oral representation, statements or inducements, apart from the foregoing written Agreement, have been made or, <br />if made, will be considered part of this Agreement. <br />C. I am at least eighteen (18) years of age and fully competent; and <br />D. I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same. <br />In witness whereof, I, as a representative of the organization have hereunto set my hand and seal this 31 st day of May, 2009. <br />Name of Artist or Arts Organization: _ <br />Phone: Address: <br />EvMark Signature: <br />Name Printed: <br />Witness: <br />Witness Name Printed: <br />3 1 NicholkSmith <br />Date: <br />