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Art Class Participant Waiver

GRACE NOEL ART LLC PARTICIPANT WAIVER AND RELEASE 


THIS DOCUMENT RELEASES AND WAIVES CERTAIN LEGAL RIGHTS. YOU SHOULD READ THIS DOCUMENT THOROUGHLY AND YOUR SIGNATURE (AS DENOTED BY YOUR ELECTRONIC REGISTRATION FOR THIS CLASS OR SIGNATURE ON A HARD-COPY FORM AT THE STUDIO) REPRESENTS THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT. THIS APPLIES TO ALL PARTICIPANTS UNDER A GROUP SIGN-UP, IF THAT IS HOW PARTIES WERE REGISTERED. 


This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant and GRACE NOEL ART LLC agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.


On behalf of myself, my personal representatives, heirs, next-of-kin, spouse and assigns, I acknowledge that I hereby give up certain legal rights when I register for a class or event which includes the right to recover damages to personal property, bodily injury, and any projects left at the studio in exchange for the consideration of participating in the class and using the tools and equipment provided to me as part of the class. 

Furthermore, I HEREBY: 

1. WAIVER AND RELEASE OF LIABILITY of GRACE NOEL ART LLC from any loss, liability, damage, injury or cost that may arise out of my use of art materials, tools or equipment at GRACE NOEL ART LLC and I voluntarily assume the risk and danger of injury using such art materials, tools and equipment. GRACE NOEL ART LLC takes all possible precautions to reduce risk and provide safe, healthy and enjoyable experiences. In consideration of the risk of injury while participating in Art Classes, and as consideration for the right to participate in the activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge GRACE NOEL ART LLC, located at 734 SANTA FE DR DENVER CO, 80204, its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity. I am voluntarily participating in the aforementioned Activity and I am participating in the Activity entirely at my own risk. I am aware of the risks associated with traveling to and from as well as participating in this Activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others' negligence, conditions related to travel, or the condition of the Activity location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this Activity, including travel to, from and during this Activity. I agree to indemnify and hold harmless GRACE NOEL ART, LLC against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If GRACE NOEL ART, LLC incurs any of these types of expenses, I agree to reimburse GRACE NOEL ART, LLC. I acknowledge that GRACE NOEL ART, LLC and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of GRACE NOEL ART, LLC. I acknowledge that as a participant I have carefully read this "waiver and release" and fully understand that it is a release of liability.  

2. Activities. Activities offered by GRACE NOEL ART LLC include arts and craft projects and instruction. Participation in these activities may require the use of scissors, knives, glue, butane lighters, blow torches, hazardous liquids and chemicals, sharp tools and objects, small tools and objects, heavy objects, paint, markers, pencils, painting tools, papers, hot glue guns, wood burning tools, wood carving tools, dangerous equipment, fabrics, plastics, rulers, staples and fasteners, pins and needles, flammable liquids and materials, and various other items not named here. Activities may occur on premises not owned or controlled by GRACE NOEL ART LLC. 

3. I warrant that I am able to follow directions for all activities in the studio/class. I acknowledge that risks from participation in class activities exist and I choose to attend art class knowing these risks and their possible consequences including personal injury. 

4. I agree to read all warning labels on each product before use and to follow all instructions provided by GRACE NOEL ART LLC. 

5. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of GRACE NOEL ART, LLC, its agents, and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. 


6. Agree to abide by and follow instructions and rules established by GRACE NOEL ART LLC, or any of its instructors, agents, or employees, with regard to safety operations in using working tools or other artistic equipment. This includes slippery surfaces from paint clean-up, etc. 


7. Acknowledge that this document is a contract and agree that if a lawsuit is filed against GRACE NOEL ART LLC or its owners, agents, employees or instructors for any injury or damage in breach of this contract, the undersigned will pay all attorney fees and costs incurred by GRACE NOEL ART LLC in defending such action. The registrant or guardian expressly agrees that the foregoing release and waiver of liability, assumption of risk, and indemnity is governed by the State of Colorado and intended to be as broad and inclusive as is permitted by Colorado law, and that in the event any portion of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the balance of the agreement shall not be affected or impaired in any way and shall continue in full legal force and effect. 


8. Understand that when I provide my email address at registration, I may be added to the email list for periodic emails from GRACE NOEL ART LLC, but that I will have the option to unsubscribe at the bottom of the emails.


9. Cancellation + Rescheduling Policy: Refunds are considered on a case by case basis. Grace Noel Art reserves the right to refuse the refund request based on fiduciary duty to: purchase of nonrefundable materials, space rental fee, payment to assistants/contractors, declining availability of goods and services to other clients and business. If Grace Noel Art cancels a class for any reason, the client will have the option to reschedule or receive a full refund. 


Notice of cancellation from the client/customer needs to be received within these specific timeframes to consider a refund. 

● 50% of payment can be refunded up to half way duration to class/event commencement date 

● 25% of payment can be refunded three quarters duration to class/event commencement date 

● 0% refund for cancellations made after three quarters duration to class/event commencement date. No call no show participants will receive no refund but may reschedule for a fee of $10 per person.


10. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. GRACE NOEL ART LLC has put in place preventive measures to reduce the spread of COVID-19; however, cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending an event affiliated with GRACE NOEL ART LLC could increase your risk and your child(ren)’s risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending events affiliated with GRACE NOEL ART LLC and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at GRACE NOEL ART LLC may result from the actions, omissions, or negligence of myself and others, including, but not limited to, GRACE NOEL ART LLC team members, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at GRACE NOEL ART LLC or participation in GRACE NOEL ART LLC-affiliated programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless GRACE NOEL ART LLC, its team members, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of GRACE NOEL ART LLC, its team members, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any GRACE NOEL ART LLC program.


Minor Clause


In consideration of the services provided by GRACE NOEL ART LLC, I, an adult participant, or parent or legal guardian (Parent) of a minor (individual less than 18 years old) participant, for myself and on behalf of the minor, acknowledge and agree as follows: 

Risks & Assumption of Risks. I understand and acknowledge that there are dangers and risks (“risks”) involved in participating in activities offered by GRACE NOEL ART LLC, or by being in the vicinity of activities offered, that can cause injury (including permanent disability), property damage, death, or other loss to me, my child, or others. These risks include, but are not limited to: falling down, tripping; back, bone, joint, head, neck, muscle or spinal injuries; cuts, scrapes, burns, skin irritation, skin staining, eye injuries; choking; allergies; poisoning; equipment malfunctions or failure; heat stroke, heat exhaustion, sunburn, dehydration, or other bodily injuries; damage to clothing and/or damage or loss to my property or the property of others; negligence, misjudgments, acts, or omissions by participant, others, and/or GRACE NOEL ART LLC; and participant’s personal health risks. The risks listed in this Waiver are not exhaustive. Other risks may exist. GRACE NOEL ART LLC cannot guarantee my or my child’s safety or eliminate any of these risks. If I am the Parent of a minor participant, I have discussed the risks with the minor participant, who understands and accepts them. Participant is voluntarily participating with knowledge of the risks. Participant (and the Parent of a minor) assumes and accepts full responsibility for participant, for the inherent and other risks of these activities (both known and unknown) and for any injury, damage, death, or other loss suffered by participant (and the parent of a minor), resulting from those risks, including the risk of participant's own negligence or other misconduct.


Release and Indemnity. I, an adult participant or Parent (for myself and on behalf of the minor participant) agree to release and not to sue GRACE NOEL ART LLC and its respective owners, members, employees, agents, volunteers, and staff (“Released Parties”) with respect to any and all claims of injury, disability, death, products liability (including strict liability) or other loss or damage to person or property suffered by me or by the minor participant, arising in whole or part from my (or the minor participant’s) participation in or attendance at GRACE NOEL ART LLC activities or events. In addition, I agree to indemnify (that is, defend and satisfy by payment or reimbursement, including costs and attorney’s fees) Released Parties from any and all claims of injury, disability, death, products liability (including strict liability) or other loss or damage to person or property, brought by me or by or on behalf of the minor participant, another participant, a member of my, or the minor participant’s, family, or anyone else, arising out of or in any way related to a loss suffered by me or the minor participant, or caused by me or the minor participant. This agreement to indemnify includes my agreement to indemnify GRACE NOEL ART LLC for property damage caused by me or my child to GRACE NOEL ART LLC property or the property of others. These agreements of release and indemnity include loss or damage caused or claimed to be caused in whole or in part by the negligence of a Released Party, but not gross negligence of a Released Party. 


This Waiver replaces and supersedes any former GRACE NOEL ART LLC Waiver, and any oral or written statements made by or to me/my child at any time by anyone in connection with any GRACE NOEL ART LLC activities. This Waiver is effective from the date signed until a subsequent Waiver is signed by Participant or Parent. I understand that I cannot terminate, cancel, or revoke this Waiver for any reason. I authorize GRACE NOEL LLC to obtain or provide medical care to participants and agree that I will be responsible for the payment of any and all medical services rendered. I also give permission for media coverage of participants to be disseminated for public relations purposes without any personal compensation. 


This Waiver is effective in regard to participant’s enrollment or participation in all activities from the date signed until a subsequent Waiver is signed by participant or

participant’s parent and shall remain in full force and effect for all activities participated in by participant up until that point. 


By registering for the class or event I acknowledge that I have read this document in its entirety and agree to the conditions.



Photo Release Waiver for Grace Noel Art LLC

I understand that GRACE NOEL ART LLC can take photographs and/or video during class and of the class, and also will take a group photo of participants and their artworks at the end of class. These photos/videos can be used for marketing, and/or public relations purposes for the studio in various settings including but not limited to: Facebook, Instagram, Tik Tok, YouTube, Patreon, LinkedIn, and Alignable, Twitter, GRACE NOEL ART LLC website on the Internet, flyers, posters, and other promotional materials used by other organizations. I understand that if I wish to be exempt from this, I need to speak with a member of GRACE NOEL ART LLC staff and make my wishes known according to the options presented in this Photo Release Form. This applies to all participants included under the group sign-up for online or in-person events. 


Click to customize checkboxes *
Full photo release
Partial photo release: hands and artwork only
I DO NOT give permission
MEDICAL EMERGENCIES

The undersigned gives permission to GRACE NOEL ART LLC, its owner and operators to seek medical treatment for the participant in the event they are not able to reach a relative. I hereby declare any physical/mental problems, restrictions, or condition and/or declare the participant to be in good physical and mental health. If necessary, I request to be transported to a nearby hospital.  

Click to customize checkboxes *
Agree
DO NOT Agree
First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
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*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*

Emergency Contact's Relation to Participant
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*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
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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