Release of Liability
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
FOR WREN’S NEST ART STUDIO, LLC, ITS AFFILIATES, OWNERS AND EMPLOYEES.
In consideration for participation in projects, classes, workshops, parties, events, or activities of whatsoever kind of nature as well as the use of the facilities, equipment and materials organized by Wren's Nest Art Studio, I agree for myself and (if applicable) for the members of my family, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS: I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Wren's Nest Art Studio, or the employees, representatives or agents of Wren's Nest Art Studio.
2. ASSUMPTION OF THE RISKS AND RELEASE: I recognize that there are certain inherent risks associated with the handling of glass and other equipment at Wren’s Nest Art Studio and that participating in classes, parties, and other activities is inherently and obviously dangerous. These risks include physical or emotional injury, paralysis, death, damage to myself, the Child, and/or third parties, and damage to personal property or any or all such persons. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity, which I further agree is for recreational purposes and completely voluntary. I acknowledge and agree that while the classes and other activities that take place at Wren’s Nest Art Studio are monitored generally by Wren’s Nest Art Studio employees, it is not feasible for such employees to monitor the activities and actions of all customers at all times or all customers simultaneously. Furthermore, the Wren’s Nest Art Studio employees have difficult jobs to perform. They seek safety, but they are not infallible. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
3. VOLUNTARY ASSUMPTION OF RISK: I represent that I and/or the Child are in good health and in proper physical condition to participate in classes other activities at Wren’s Nest Art Studio. I acknowledge and agree that I and the Child are participating voluntarily at our own risk. I acknowledge and agree that the actions or activities of other customers or the actions or inactions of The Wren’s Nest employees could cause me or the Child significant bodily injury (as described in this Agreement or otherwise), and that The Wren’s Nest is not responsible for the actions or activities of customers or the negligence of its employees in supervising the classes/parties/events, including actions, activities, or omissions that result in such harm.
4. INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE: The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue Wren’s Nest Art Studio their Affiliates, successors, predecessors-in-interest, and insurers (collectively, the “Releasees”) from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my or the Child’s access to and/or use of Wren’s Nest Art Studio premises and/or its equipment (whether glass, tools or other), the Child’s and/or my entry into Wren’s Nest Art Studio, the condition, maintenance, inspection, supervision, control or security of Wren’s Nest Art Studio, the failure to warn of dangerous conditions in connection with Wren’s Nest Art Studio, and/or the acts or omissions of Wren’s Nest Art Studio or any of the Releasees, including, without limitation, any claim for negligence, failure to warn or other omission, property damage, personal injury, emotional injury, illness, bodily harm, paralysis or death. I understand that this release and waiver applies not only to use of the glass, tools, but also all other equipment, and all activities at Wren’s Nest Art Studio. I understand that this release and waiver applies to and includes all activities that I or my Child agree in at the premises, whether inside or outside Wren’s Nest Art Studio. In the event that any claim release herein is brought by, or asserted on behalf of, the Release Parties, I shall immediately defend, indemnity and hold harmless the Releasees, and any of them, from any loss or liability, including reasonable attorneys’ fees, associated therewith or arising therefrom.
I understand and fully acknowledge and agree that all of the risks identified herein any other risks associated with making glass art, Wren’s Nest Art Studio and its equipment are beyond the control of the Releasees. I agree and acknowledge that should Wren’s Nest Art Studio or any other Releasee or anyone acting on their behalf, be required to incur attorneys’ fees and/or costs to enforce this agreement, I agree to immediately defend, indemnify and hold harmless Wren’s Nest Art Studio and any other Releasee or them harmless for and against all such attorneys’ fees and/or costs.
5. FEES: I agree to pay for all damages to the facilities of Wren's Nest Art Studio caused by any negligent, reckless, or willful actions by me or my family.
6. PHOTO, VIDEO, AUDIO, INTERNET AND SOCIAL MEDIA WAIVER: In connection with my and the Child’s use of Wren’s Nest Art Studio, I consent to the recording of the Child’s and my physical likeness and/or voice through mechanical, photographic, technical, digital, electronic or other means (“Recordings”). I hereby consent to and authorize Wren’s Nest Art Studio and its agents, representatives, employees, successors and assigns to use, in perpetuity, such Recordings, as well as the Child’s name and my name, for any purpose, including advertising, promoting, and/or publicizing any Wren’s Nest Art Studio. I further agree that the foregoing includes the consent to use the Child’s and/or my physical likeness in any form. In addition, I waive any and all claims I may have in connection with the Recordings.
7. APPLICABLE LAW: Any legal or equitable claim that may arise from participation in the above shall be resolved under Colorado law.
8. NO DURESS: I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Wren's Nest Art Studio has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
9. DISPUTE RESOLUTION: The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and any judgment may be entered upon it by any court having proper jurisdiction.
10. ALCOHOL: At Wren’s Nest Art Studio, we do not sell or provide alcoholic beverages. We will allow you to bring in alcohol, under the circumstances, that we will not be held accountable for any injuries sustained while under the influence of alcohol. By signing below, you agree that you will be held accountable for any and all injuries sustained here at Wren’s Nest Art Studio.
11. EMERGENCY CONTACT: In case of an emergency, please call
Caregiver (Relationship): _________________) at _________________.
12. TERM OF AGREEMENT: I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my child(ren)/ward(s) visit Wren’s Nest Art Studio, whether at the current location or any other location or facility.
I have had sufficient opportunity to read this document. I have read and understood and agree to be bound by its terms. I understand that employees working at Wren’s Nest Art Studio,, including the manager, do not have the authority to waive any provision of this Agreement. This Agreement constitutes and contains the entire agreement between Wren’s Nest Art Studio and me relating to the Child’s and my use of and participation in Wren’s Nest Art Studio classes and events. There are no other agreements, oral, written, or implied, with respect to such matters. I further agree that this Release shall be construed in accordance with the laws of the State of Colorado. If any term or provision of this Release shall be held illegal, unenforceable, or in conflict with any law governing this Release the validity of the remaining portions shall not be affected thereby.
By signing below, I represent and warrant that I am the parent, legal guardian, or power-of-attorney of the above listed Child(ren) and have the authority to execute this Agreement on his/her or their behalf and to act on his/her or their behalf.
My signature below certifies that I have carefully read the above agreement and understand and agree to comply with all its terms and provisions. I certify I have read the detailed description of the class, project, workshop, activity or trip that I am joining or participating in and am physically and mentally capable of participation. I am voluntarily participating with knowledge that inherent dangers are involved and agree to assume all risk.
If the Participant(s) is a minor, I certify that I am the Parent or Guardian, and by my signature they, on my behalf release all claims that both they and I have.