Re: IMPORTANT: Waiver of liability

Dear Artists:

We hate this legal stuff but the festival grew out of proportion this year and, hey, this is America, the land of the lawsuits. No big deal though. This is just to make sure that you are responsible if you hurt yourself or if you break something during your performance. Please sign and/or copy and paste this waiver of liability in an email and send it back to us as soon as possible. This will proof that you agree with the waiver. Please note that if if you don’t sign this waiver and provide it to the directors of POW! POW! you can’t perform at POW! POW! 2009. Thanks so much for your cooperation,guillermo galindo AKA gal*in_dog + alyssa leePOW! POW curators Please note that if i you don’t sign this waiver and provide it to the directors of POW! POW! you can’t perform at POW! POW! 2009. RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY. IN CONSIDERATION of being permitted to participate in any way in POW! POW! Action art Festival from October 15-18 2009. I, for myself and for my personal representatives, assigns, heirs, and next of kin: FULLY UNDERSTAND THAT “I “ AM RESPONSIBLE FOR ANY ACTIVITIES INVOLVING RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH ("RISKS"); (b) these Risks and dangers may be caused by my own actions or inaction’s, the actions or inaction’s of others participating in the Activity, the condition in which the Activity takes place. THAT “I “ AM RESPONSIBLE FOR ANY RELATED DAMAGE CAUSED BY MYSELF OR MY COLLABORATORS TO THE PREMISES OF THE Climate Theater (Located at 285 9th Street. At the corner of 9th and Folsom in San Francisco, CA) DURING AND RELATED TO MY PERFORMANCE AT THAT SPACE. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE NEITHER POW! POW! Action Art Festival or Climate Theater, their respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors and advertisers. I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT. I hereby understand that if I do not sign this waiver I am not authorized to perform at the POW! POW! 2009 festival.

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www.myspace.com/powminiperformanceartfestival
POW! POW! mini ACTION art festival
san francisco, CA
october 15-18, 2009
curated by: guillermo galindo AKA gal*in_dog + alyssa lee
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(Keith Hennessy wrote:)

Hey this is America

And our job is to break the rules and laws that keep us down. Only laws and practices that break can be changed. I’d much rather sign a promisory note saying that I recognize that Alyssa and galin.dog are broke ass artists and Climate is a tiny non-profit artspace so of course if I hurt myself or someone else it’s my own damn fault and even if it isn’t I won’t sue another artist or small artist space because suing is neither creative, nor liberatory. I promise to work towards community not liability.

Keith

In case that’s not enough, here is my cut & pasted waiver:

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY. IN CONSIDERATION of being permitted to participate in any way in POW! POW! Action art Festival from October 15-18 2009. I, for myself and for my personal representatives, assigns, heirs, and next of kin: FULLY UNDERSTAND THAT “I “ AM RESPONSIBLE FOR ANY ACTIVITIES INVOLVING RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH ("RISKS"); (b) these Risks and dangers may be caused by my own actions or inaction’s, the actions or inaction’s of others participating in the Activity, the condition in which the Activity takes place. THAT “I “ AM RESPONSIBLE FOR ANY RELATED DAMAGE CAUSED BY MYSELF OR MY COLLABORATORS TO THE PREMISES OF THE Climate Theater (Located at 285 9th Street. At the corner of 9th and Folsom in San Francisco, CA) DURING AND RELATED TO MY PERFORMANCE AT THAT SPACE. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE NEITHER POW! POW! Action Art Festival or Climate Theater, their respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors and advertisers. I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT. I hereby understand that if I do not sign this waiver I am not authorized to perform at the POW! POW! 2009 festival.

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while I will sign, I agree with Keith. I have found that such legal shit tends to bring more problems than it avoids. And imagine the artists who are coming from out of town... Spending money to get here... Being told they can't perform if they don't sign. It wasn't in the original artist agreement. Will the audience members have to sign?

Such legal shit seems weird in the underground reality.

But I will sign! But don't drop me down the stairs in my wheelchair! I have a high Power lawyer! And I know Alyssa, gal*in_dog, and CLIMATE THEATER have extremely deep pockets! Years ago The Kitchen in N.Y.C. pulled out a contract for me to sign minutes before my show... Basically for me to promise I wouldn't offend anyone. I signed. But as I signed, I said I would offend... So sue me! And I kept that promise! But they didn't sue!

In Freedom,
Frank Moore