UNSEEN SEEN AND WEIGHT OF DARKNESS*: WAIVER AND RELEASE OF LIABILITY

I agree that my participation in the artworks Unseen Seen and Weight of Darkness* (the Works), at the Museum of New and Old Art, operated by Moorilla Estate Pty Ltd (Mona) is subject to the following terms and conditions (this Agreement):

1. I am 18 years of age or older and able to be bound by this Agreement.
2. In participating in the Works, I acknowledge that:
   1. I will lie on a bed, in an enclosed metal sphere, for about 15 minutes, while I experience visual images created through flashing lights, and also be subjected to extreme darkness*;
   2. there are inherent risks, and some participants may suffer adverse health effects including, but not limited to, epileptic seizures;
   3. there are possible risks in experiencing this artwork while pregnant;
   4. due to its structure, the artwork is unfortunately not accessible to those who cannot climb stairs; and
   5. Mona is not able to guarantee that I will not suffer any injury or develop any condition, serious or minor, as a result of participating.
3. I promise that I
   1. am not aware of any physical, emotional, or other condition that would create a hazard to me as a result of participating in the Works (including, but not limited to, claustrophobia, a heart condition, a back condition, and/or a history of seizures and/or sensitivity toward flashing lights);
   2. will not be under the influence of alcohol, drugs or medications that would affect my senses or judgment while participating in the Works;
   3. will not engage in any intimate behaviour or behaviour deemed inappropriate by staff while inside the artwork, and understand that the space is monitored by staff for the duration of the experience. I also understand that engaging in sexual or inappropriate intimate behaviour inside the artwork will result in the immediate termination of the artwork experience, and that no refund will be provided nor any discussion of a refund be entered into.
   4. will promptly inform Mona staff of any adverse effects I may suffer as a result of participating in the Works;
   5. will act responsibly while participating in the Works; and
   6. voluntarily assume all risks, known and unknown, which may arise in connection with or relating to my participation in the Works.
4. To the maximum extent permitted by law, I:
   1. release and discharge James Turrell, and Mona, together with his and their successors, assigns, officers, directors and employees (together, the Releasees) from any claim I may have or that may be made on my behalf arising directly or indirectly from participating in the Work (including any claim in negligence); and
   2. indemnify the Releasees in respect of any claim made against them, or any of them, which arises, directly or indirectly, from my participation in the Work;
5. I agree that:
   1. “claim” in clause 4 includes any action, suit, cause of action, demand, verdict or judgment, either at law or in equity or arising under a statute, including a claim for costs, expenses, damages and/or liabilities;
   2. this Agreement may be pleaded as a bar to any claim brought against any or all of the Releasees;
   3. if any portion of this Agreement is invalid, that portion is severed and the rest of this Agreement continues in full force and effect; and
   4. this Agreement is subject to the laws and courts of Tasmania, Australia.

*When Weight of Darkness is included