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Liability Waiver, Release and Assumption of Risk

 

I have voluntarily elected to allow the minor child(ren) identified below and all minor children under my supervision and collectively herein as (“Child” or “Children”), to use the Studio 323 Facilities, Supplies, and Equipment located at 323 Bridge Street, Phoenixville, PA, 19460 (the “Studio”). In consideration for being permitted to use said facilities, supplies, and equipment, and any other services provided by the Studio or its employees or agents at said location or any other location located in the State of Pennsylvania, I - on behalf of myself, my Child, or any other person under my supervision or control - represent, acknowledge and agree to the following:

 

GENERAL RELEASE

I acknowledge and agree that this Agreement (the “Agreement” covers and is intended to release and provide other benefits, contracting COVID 19 legal protections, and consideration to the Studio, 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, the “Company”). 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 my Child, myself, and any other person under my supervision and control to use the Studio and participate in related activities. The use of the studio area, studio supplies, and studio equipment, and participating in other related activities can be inherently and obviously dangerous. These risks include serious physical and emotional injury, contracting COVID 19, including but not limited to scrapes, cuts, bruises, fractures, sprains, concussion, death, damage to myself, my Child, and/or third parties, and damage to personal property of any or all such persons. I understand that the risk of injury extends to all extremities and other parts of the body. I understand that these risks simply can’t be eliminated without jeopardizing the essential qualities of the activities, which I further agree are for recreational purposes and completely voluntary. I further understand that every precaution will be taken to provide a safe environment for art exploration for all adult and minor participants.

 

VOLUNTARY ASSUMPTION OF RISK

I acknowledge that I, my Child(ren) and any minors under my supervision or control are participating voluntarily at our own risk. I acknowledge and agree that the actions of other participants or the actions or inactions of Studio employees could cause injury (as described in this Agreement) to me or my Child(ren) or other minors under my supervision and control, and that the Company is not responsible for the actions of other participants or the actions/inactions of its employees and/or volunteers. I further understand that every precaution will be taken to provide a safe environment for art exploration for all adult and minor participants.

 

AGREEMENT TO PAY MEDICAL EXPENSES

I acknowledge, accept, and assume the risk of any medical conditions, limitations, or disabilities (whether temporary or permanent) that I or my Child(ren) or any minor(s) under my supervision or control, possess, whether known or unknown, which might contribute to or exacerbate any injury that I or any minor under my supervision or control, might sustain while as a result of using the Studio, the Studio Supplies or Equipment. I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, outpatient care, and/or physical therapy) is required or performed as a result of any injury sustained while using the Studio, such assistance shall be at my own expense.

 

RELEASE OF LIABILITY

The Releasing Parties (as defined below) hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue the Company, and their successors, predecessors-in-interest, and insurers (collectively, the “Releasees”) from any and all claims, demands, rights, action suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees, damages, judgements and liabilities, contracting COVID 19, 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 my Child(ren) or any minor under my supervision or control, access to and/or use of the Studio, premises, supplies, or equipment; entry into the Studio, the condition, maintenance, inspection, supervision, control or security of the Studio, the failure to warn of dangerous conditions in connection with the Studio, and/or acts or omissions, of the Company or any of the Releasees, including, without limitation, any claim alleging negligent act(s) or omission(s) of Releasees. This release extends to claims seeking relief for any and all forms of damages or injury, including property damage, personal injury, emotional injury, illness, bodily harm, paralysis, or death. I understand that this release and waiver applies to all activities at the Studio. I understand that this release and waiver applies to and includes all activities that I or my Child(ren) or any minor child(ren) under my supervision and control, engage in at the Studio, whether inside or outside the Studio. 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 reasonable attorney fees, associated therewith or arising therefrom.

 

In the event of a medical emergency and when the parent or guardian of a minor is unavailable, the undersigned hereby authorizes, the staff, employees, agents, and representatives of the Company to provide for, approve and authorize any health care at any hospital, emergency room, doctor’s office, or other institutions, employ any physicians, dentists, nurses, or other person whose services may be needed for such health care, review, and if necessary disclose the contents of any medical records, execute any consent form required by medical, dental, or other health authorities incidental to the provision of medical, surgical, or dental care to the minor. Medical care shall include, but not be limited to, the administration of anesthesia, x-ray, examination, performance of operations, diagnostic and other procedures.

 

RELEASE OF PHOTO, VIDEO, SOCIAL MEDIA

I hereby grant the Studio on behalf of myself, my Child(ren), and any minor under my supervision or control the irrevocable right and permission to photograph and/or record myself, my Child(ren), and/or any minor under my supervision or control in connection with the activities and the Studio and to use the resulting photographic images, audio, or video for all purposes, including social media and promotional purposes, in any matter and in any media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration, and without any reimbursement of any kind due to me or the minor(s). On my behalf and on behalf of my Child(ren) and any minor under my supervision or control, I waive any right to inspect or approve the use of any such photographic image, audio, or video. I agree that the Studio will be the exclusive owner of all rights including but not limited to the copyrights, in and to the photographic images, audio, and video and the results and proceeds of my participation hereunder.

 

CERTIFICATIONS

In order to assist the Studio in effectively providing for the safety of me and my Child(ren) and any minor(s) under my supervision and control, I certify that:

●    I have no knowledge of any health problems that would cause participation in the activities to negatively impact my health, the health of my Child(ren), or the health of the minor(s) under my supervision or control;

●    I and/or the Child(ren) possess a sufficient level of physical fitness to participate in the activities; and, neither I nor the Child(ren) have any pre-existing physical or medical conditions that might be impacted or worsened by use of the Studio;

●    I will not use or allow the Child(ren) to use the Studio while using medication or substances that might impair our physical abilities or judgment;

●    I agree to follow (and cause the Child(ren) to follow all safety rules of the Studio and notify the Studio staff of any rules violations or dangerous behavior of other participants;

●    I understand that my failure or refusal to abide by the safety rules of the Studio or by the instructions and directions of the Studio staff may result in my immediate revocation of my right to use the Studio, without any right to refund of any payments made;

●    I will notify Studio staff before I or the Child(ren) participate in the activities if any of us have been diagnosed with behavior disorders or are taking any behavior modification medications;

●    I will information Studio staff immediately if I or the Child(ren) feel any unusual discomfort while participating in the activities and immediately stop (or cause the Child(ren) to stop) participation in the activities;

●    I am aware that Studio staff may need to end my or the Child(ren)’s participation in the activities if any of our actions pose a danger to myself, the Child(ren), or others;

●    I have adequate insurance to cover any injury or damage I or the Child(ren) may cause or suffer while participating in the activities; or, if not, I agree to bear the costs of such injury to myself, my Child(ren), and others.

 

TERM OF AGREEMENT

I understand that this agreement shall continue in effect and will be in full force and legal effect each time I or my Child(ren) visit the Studio, whether at the current location or any other location or Studio. I agree that the Studio may require me to sign a new agreement at any time as a requirement for my participation or my Child(ren)’s participation in the activities.

 

ATTORNEY’S FEES

I promise to indemnify the Studio for any attorneys fees and costs incurred by the Studio to enforce this agreement including costs associated with collection efforts. If the Studio obtains a judgment against me pursuant to this agreement, prejudgment and post-judgment interest shall accrue theron at the maximum amount allowed by applicable law.

 

GOVERNING LAW, VENUE, DISPUTE RESOLUTION

This agreement shall be governed by and interpreted in accordance with the laws of the state in which the Studio is located (“Pennsylvania”) without regard to the conflict of law rules of Pennsylvania. I agree and acknowledge that any claim or dispute arising or related to this agreement or the relationship of the parties in any respect thereto shall first be submitted to mediation, and that engaging in such mediation is a condition precedent to bringing any claim against the Studio arising from or related to this agreement. Such mediation may be initiated by either party by providing a written demand for mediation to the other party and shall be conducted within Pennsylvania in accordance with the then current Commercial Mediation Procedures of the American Arbitration Association (“AAA”). If settlement is not reached within sixty (60) days after delivery of written demand for mediation, such claim or dispute shall be submitted to and be settled by final and binding arbitration in Pennsylvania in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. If arbitration is not available, or in the event of litigation to enforce arbitration or settlement between the parties to this agreement, I agree that sole jurisdiction and venue shall be in the state and federal courts located in Pennsylvania, and I waive any defense of jurisdiction and/or venue that may now or hereafter exist.

 

ENTIRE AGREEMENT, SEVERABILITY

I understand that this is the entire agreement between the undersigned and the Studio, and that it cannot be modified or changed in any way by the representations or statements of the Studio or its employees or agents or by the undersigned. This agreement supersedes all previous oral or written promises or agreements. I understand and agree that this agreement is intended to be as broad and inclusive as permitted by the laws of Pennsylvania and that if any portion thereof is held invalid, it is agreed that the remaining provisions shall continue to be in effect and will continue in full legal force and effect.

 

EFFECT OF AGREEMENT

I have read the above and fully understand the terms of this agreement and I have either consulted an attorney regarding this agreement or have elected not to do so. I am aware that by signing this agreement, I am giving up rights I may have to bring a legal action or assert a claim against the Company on the basis of their negligent acts or omissions. I understand that by signing this agreement I may be found by a court of law to have forever waived my rights and the rights of the Releasing Parties and the Child(ren) to maintain any action against the Company on the basis of any claim from which I have released the Company. I am giving up these legal rights voluntarily, freely, under no threat of duress, without inducement, promise or guarantee being communicated to me. I have had reasonable and sufficient opportunity to read and understand this entire agreement. I unconditionally agree to the full terms, statements, warranties, notices, representations, waivers, and releases contained in this agreement on behalf of myself, the Releasing Parties, and the Child(ren) listed below. I certify that I am the parent, guardian or authorized agent of the Child(ren) listed below and that I have the authority to sign this agreement on their behalf. I also certify that the information provided for each minor participant is true and correct. I acknowledge that Studio staff may require me to present picture I.D. to verify my identity.


Today's Date: February 5, 2025

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*

Emergency Contact's Relation to Participant
Allergies

Allergies
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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