TERMS & CONDITIONS

IJAM, LLC Damage Waiver


ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY BY PARTICIPANT/PARENT OF PARTICIPATING MINOR IN FAVOR OF IJAM, LLC and JAMNOLA (hereinafter collectively,  “IJAM”)

In consideration of being permitted to participate in the activities that IJAM will provide and/or being provided access to and use of its premises, I, on behalf of myself and my participating minor child/children, if any, agree to the following:


  1. ACTIVITIES, USE OF PREMISES, AND ASSUMPTION OF RISK. I understand that the activities that IJAM will provide and in which I and/or my minor child/children, if any, will participate may involve risks. Those risks may include slipping, falling, injury from falling objects, fainting, shock, seizure, and allergic reactions, may be inherently dangerous, and can cause serious or grievous illness or injuries, including serious bodily injury such as broken bones or concussion, catastrophic injury, such as paralysis, or death as well as property damage. I have explained these risks to my participating minor child/children, if any. In spite of the risks mentioned above, I freely want to participate and want my child/children, if any, to participate in the activities provided by IJAM. I understand that these activities may not be supervised and that, in the event of injury, medical services may not be readily available. Neither my participating minor child/children, if any, nor I are suffering from any mental, emotional, or physical condition precluding participation in any activities that IJAM will provide. I, on behalf of myself and my participating minor child/children, if any, assume all of the risks of participating in any activities provided by IJAM and/or on its premises. I realize these activities may pose dangers to unaccompanied minors, and therefore, I agree that any minors in my care will not be left unattended.

 

  1. RELEASE AND WAIVER OF LIABILITY. I, on behalf of myself and my participating minor child/children identified below, if any, hereby WAIVE AND RELEASE IJAM and its agents, employees, officers, directors, members, contractors, affiliates, successors and assigns of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages, and liabilities of every kind and nature, whether known or unknown, now existing or hereafter arising, in law or equity, that I or my participating minor child/children, if any, ever had or may have, arising from or in any way related to my or their participation in any of the activities provided by, on the premises of, or for the benefit of IJAM including related to the condition of said premises. 

  1. COVENANT NOT TO SUE. I, on behalf of myself and my participating minor child/children, if any, agree not to sue IJAM or any of its agents, employees, officers, directors, members, contractors, affiliates, successors or assigns, or initiate or assist in the prosecution of any claim for damages or cause of action against any of them, which I, on behalf of myself or my participating minor child/children, if any, may have as a result of any personal injury, death, or property damage that I or my participating minor child/children, if any, may sustain by participating in any activities provided by IJAM and/or on its premises.

  1. INDEMNIFICATION. I, on behalf of myself and my participating minor child/children, if any, agree to indemnify, defend and hold harmless IJAM and its agents, employees, officers, directors, members, contractors,  affiliates, successors and assigns from any and all liabilities, claims, costs, and expenses (including reasonable attorneys’ fees) made by other individuals or entities as a result of my or my participating minor child’s/children’s actions in connection with any activities provided by IJAM and/or on its premises.

  1. LOST, DAMAGED, AND STOLEN ITEMS. IJAM has no responsibility for lost, damaged, or stolen items.

  1. PHOTOGRAPHS AND VIDEOTAPE. I, on behalf of myself and my participating minor child/children, if any, grant IJAM the right to photograph, videotape, and/or record me and/or my participating minor child/children, if any, and to use my and my participating minor child’s/children’s name, face, likeness, voice, and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservation or limitation, and I, on behalf of myself and my participating minor child/children, waive any right to royalties or other compensation arising from any such use.

  1. SUCCESSORS AND ASSIGNS. This RELEASE AND WAIVER OF LIABILITY is binding on my and my participating minor child’s/children’s successors and assigns, including any spouses, heirs, executors, administrators, and legal representatives.

  1. GOVERNING LAW AND VENUE. This RELEASE AND WAIVER OF LIABILITY shall be governed by and interpreted in accordance with the laws of the State of Louisiana, without giving effect to the principles of conflicts of law. Any action arising out of this RELEASE AND WAIVER OF LIABILITY must be brought exclusively in any state or federal court located in Orleans Parish, Louisiana.  I, ON BEHALF OF MYSELF AND MY PARTICIPATING MINOR CHILD/CHILDREN, IF ANY, HEREBY WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE ACTIVITIES PROVIDED BY OR ON THE PREMISES OF IJAM.

  1. INTERPRETATION OF AGREEMENT. This RELEASE AND WAIVER OF LIABILITY shall be construed broadly to provide a release and waiver to the fullest extent permissible under applicable law. The failure of IJAM to enforce any provision of this RELEASE AND WAIVER OF LIABILITY shall not be construed as a waiver or modification of such provision or impairment of its right to enforce such provision or any other provision of this RELEASE AND WAIVER OF LIABILITY.

  1. SEVERABILITY. If any provision or portion of this RELEASE AND WAIVER OF LIABILITY shall be held to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.

  1. ENTIRE AGREEMENT. This RELEASE AND WAIVER OF LIABILITY contains the entire agreement between the parties and supersedes any prior written or oral agreements between them concerning the subject matter of this RELEASE AND WAIVER OF LIABILITY. The provisions of this RELEASE AND WAIVER OF LIABILITY may be waived, altered, amended, or repealed, in whole or in part, only upon the prior written consent of all parties. The provisions of this RELEASE AND WAIVER OF LIABILITY will continue in full force and effect even after the termination of the activities provided by, on the premises of, or for the benefit of, IJAM.

I, ON BEHALF OF MYSELF AND MY PARTICIPATING MINOR CHILD/CHILDREN, IF ANY, ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS RELEASE AND WAIVER OF LIABILITY AND THAT I UNDERSTAND THE TERMS SET FORTH HEREIN AND THAT I UNDERSTAND THAT IT IS A RELEASE OF LIABILITY AND A WAIVER OF RIGHTS THAT I MAY HAVE ON BEHALF OF MYSELF AND MY CHILD/CHILDREN TO

BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS AGAINST IJAM. SHOULD ANY LEGAL ACTION BE COMMENCED OR ANY CLAIM ASSERTED IN VIOLATION OF THIS RELEASE AND WAIVER OF LIABILITY, I UNDERSTAND AND AGREE THAT I, ON BEHALF OF MYSELF AND MY PARTICIPATING MINOR CHILD/CHILDREN, IF ANY, WILL BE RESPONSIBLE FOR ALL REASONABLE ATTORNEYS’ FEES AND DEFENSE COSTS INCURRED BY IJAM AND ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, CONTRACTORS, AFFILIATES, SUCCESSORS AND ASSIGNS IN CONNECTION WITH OR IN DEFENSE OF SUCH ACTION OR CLAIM. I HAVE SIGNED THIS AGREEMENT FREELY, VOLUNTARILY, AND UNDER NO DURESS OR THREAT OF DURESS.



IJAM, LLC COVID-19 NOTICE


IJAM, LLC and JAMNOLA (hereinafter collectively, “IJAM”) is committed to protecting the health and safety of its customers, employees, artists and community during the coronavirus disease  (COVID-19) outbreak.  As such, IJAM is taking the following steps to ensure your safety:

  1. We are providing only small (up to 6 guests) or private tours (household or friends).
  2. Individuals are strongly encouraged to practice social distancing (6 feet) inside the museum.
  3. We require customers to make reservations through ShowClix in order to manage occupancy.
  4. We are complying with New Orleans “Open Safely” cleaning standards plus disinfecting exhibitions between each tour.
  5. Hand sanitizer dispensers are provided at entrance/exit and in every room.
  6. All exhibits are contactless.
  7. We strongly encourage all customers to wear a mask or face covering during their visit.  JAMNOLA artist-designed collector’s masks are available for purchase.  Our employees and artists will wear masks at all times.
  8. We ask that customers, employees and artists do not enter the premises (1) if they are in a high risk category for COVID-19, (2) if they are experiencing or in the last 14 days have experienced fever higher than 100.4oF/38.0oC, cough, and/or shortness of breath, diarrhea, or any other symptom suggestive of COVID-19, (3) if they have been diagnosed or tested positive or had a family member or other close contact diagnosed or test positive for COVID-19 in the last 14 days, or (4) if they have engaged in travel to areas that present a higher risk of COVID-19.  We reserve the right to ask customers questions related to the foregoing for screening purposes. 

Despite the above precautions, COVID-19 is a contagious disease, asymptomatic individuals may be carrying the disease, and IJAM cannot guarantee that you or your child(ren) will not become infected with COVID-19 in connection with activities provided by IJAM and/or on its premises. 

 

IJAM, LLC COVID-19 ASSUMPTION OF RISK, WAIVER AND RELEASE 


In consideration of being permitted to participate in the activities that IJAM will provide and/or being provided access to and use of its premises, I, on behalf of myself and my participating minor child/children, if any, agree to the following:


  1. I understand that the activities that IJAM will provide and in which I and/or my minor child/children, if any, will participate may involve risk of exposure to the novel coronavirus (COVID-19) which may result in quarantine requirements, personal injury, illness, permanent disability, or death. I have explained these risks to my participating minor child/children, if any. In spite of the risks mentioned above, I freely want to participate and want my child/children, if any, to participate in the activities provided by IJAM. Neither my participating minor child/children, if any, nor I are suffering from any mental, emotional, or physical condition precluding participation in any activities that IJAM will provide. I, on behalf of myself and my participating minor child/children, if any, assume all of the risks of participating in any activities provided by IJAM and/or on its premises including exposure to or infection with the novel coronavirus (COVID-19) which may result in quarantine requirements, personal injury, illness, permanent disability, or death. 

  1. RELEASE AND WAIVER OF LIABILITY. I, on behalf of myself and my participating minor child/children identified below, if any, hereby WAIVE AND RELEASE IJAM and its agents, employees, officers, directors, members, contractors, affiliates, successors and assigns of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages, and liabilities of every kind and nature, whether known or unknown, now existing or hereafter arising, in law or equity, that I or my participating minor child/children, if any, ever had or may have, arising from or in any way related to my or their participation in any of the activities provided by, on the premises of, or for the benefit of IJAM specifically including exposure to or infection with the novel coronavirus (COVID-19) and any resulting quarantine requirements, personal injury, illness, permanent disability, or death. 

  1. COVENANT NOT TO SUE. I, on behalf of myself and my participating minor child/children, if any, agree not to sue IJAM or any of its agents, employees, officers, directors, members, contractors, affiliates, successors or assigns, or initiate or assist in the prosecution of any claim for damages or cause of action against any of them, which I, on behalf of myself or my participating minor child/children, if any, may have as a result of any personal injury, death, or property damage that I or my participating minor child/children, if any, may sustain by participating in any activities provided by IJAM and/or on its premises specifically including exposure to or infection with the novel coronavirus (COVID-19) and any resulting quarantine requirements, personal injury, illness, permanent disability, or death.