WAIVER & RELEASE
Waivers are required for every infant, toddler, youth, and adult on Main Street Studio’s premises for any purpose (“Activities”).
Representatives of parents/guardians (nannies, friends, grandparents, etc) are responsibile for notifying parents/guardians of a child's participation.
Participant Agreement, Release and Assumption of Risk (The Agreement) – Main Street Studio LLC
I have voluntarily elected to use and, if applicable, to allow the minor child(ren) identified above and all minor children under my supervision--caregivers proxy on behalf of the parent--and referred to individually and collectively herein as "Child", to use the Main Street Studio LLC facilities and equipment located at 109 South Main Street Culver, IN 46511, (the "Main Street Studio Facility").
I acknowledge and agree that this Agreement covers and is intended to release and provide other benefits, legal protections, and consideration to Main Street Studio LLC, Buzzworthy Parties & Events LLC, and Danielle Mavrick Photography, and their respective and collective agents, owners, officers, managers, shareholders, affiliates, assigns, volunteers, participants, employees, and all other persons or entities acting in any capacity on their respective or collective behalf (collectively, "MSS"). I acknowledge and agree that the terms and conditions in this Agreement shall apply to adult and minor participants and/or observers alike.
DESCRIPTION OF ACTIVITIES, RISKS, AND POTENTIAL FOR INJURY
I acknowledge and agree that I am executing this Agreement as consideration for participating in crafting, play, and related activities. These risks include injury and loss, both to person and property. I understand This Agreement is intended to address all risks arising out of or relating to Attendee’s participation in Activities, including risk created by actions, inactions, or negligence on the part of MSS, and that these risks, may include, but are not limited to, risks created by the following:
-The use and condition of Main Street Studio premises, facilities, and equipment;
-The lack or inadequacy of policies, rules, regulations, or supervision for Activities;
-The failure of Main Street Studio or its Representatives to foresee or protect me Attendees from actions, inactions, or negligence of any person, or the recklessness, intentional, or with criminal misconduct of persons other than those affiliated with Main Street Studio; and
-The adequacy or unavailability of medical facilities or treatment.
AGREEMENT TO PAY MY OWN MEDICAL EXPENSESI acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or the Child possess, whether known or unknown, which might contribute to or exacerbate any injury I or the Child might sustain as a result of using the Main Street Studio Facility or any of its equipment. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy) is required or performed as a result of any injury I or the Child sustains while using the Main Street Studio Facility, such assistance shall be at my own expense.
RELEASE OF LIABILITY
The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue MSS, and their 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 the Main Street Studio Facility, premises and/or its equipment, the Child’s and/or my entry into the Main Street Studio Facility, the condition, maintenance, inspection, supervision, control or security of the Main Street Studio Facility, the failure to warn of dangerous conditions in connection with the Main Street Studio Facility, and/or the acts or omissions of MSS or any of the Releasees, including, without limitation, any claim alleging negligent ac(s) or omission(s) of Releasees. I understand that this release and waiver applies to and includes all activities that I or my Child engage in at the premises, whether inside or outside the Main Street Studio Facility. In the event that any claim released herein is brought by, or asserted on behalf of, the Releasing Parties, I shall immediately defend, indemnify and hold harmless the Releasees, and any of them, from any loss or liability, including attorneys' fees, associated therewith or arising therefrom.
I agree and acknowledge that should MSS 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 MSS and any other Releasee or them harmless for and against all such attorneys’ fees and/or costs.
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 Main Street Studio, whether at the current location or any other location or facility.
SAFETY IS YOUR RESPONSIBILITY: I AND EACH CHILD AGREE TO FOLLOW THE CODE OF PATRON RESPONSIBILITY:
You acknowledge that there are inherent risks in the participation in any crafting, and that such risks include not only the use of crafting tools, but other activities and equipment. Patrons of a crafting studio who use crafting tools, and those who engage in any other activities or use any other equipment, by participation, accept the risks inherent in such participation. Patrons have a duty to exercise good judgment and act in a responsible manner while using the craft studio and other equipment, and while engaging in such activities.
This Agreement constitutes and contains the entire agreement between MSS and me relating to the Child’s and my use of the Main Street Studio Facility. There are no other agreements – oral, written, or implied – or any other outside terms or conditions with respect to such matters. I agree that if any portion of this Agreement is found to be unenforceable, the remaining portions shall remain in full force.
By signing below, I represent and warrant that I am the parent, legal guardian, power-of-attorney, or representative of parents or legal guardians (ie. nannies, teachers, counselors, friends, or family) of the 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.
I agree to indemnify and hold harmless the Releasees from any and all claims which are brought by or on behalf of this or these minor Child or Children, or any of them, which are in any way connected with, arise out of, or result from their use of the Main Street Studio Facility. I am 18 years of age or older. I am entering this agreement on behalf of myself, my spouse or domestic partner, the Child, and our respective and/or collective issue, parents, siblings, heirs, assigns, personal representatives, estate(s), and anyone else who can claim by or through such person or persons (collectively, the “Releasing Parties”).
IN SUMMARY, BY MY DIGITAL SIGNATURE BELOW, I ACKNOWLEDGE THAT IF I OR ANY OF MY CHILDREN ARE INJURED IN ANY WAY, THIS WAIVER PREVENTS AND PROHIBITS ANY RECOVERY OF MONEY FROM ANY MAIN STREET STUDIO RELATED ENTITY.