Waiver and Release: In Consideration of being permitted to participate in candle making class and/or soap making classes (the "Classes") offered by Under The Heavens Collection(the "Business"), I, for and behalf of myself, my heirs, personal representatives, and all persons claiming by or through me, hereby release, waive and discharge the Business and its directors, employees, contractors, and agents (the "Released Parties") from all existing and future claims and/or causes of action arising from, or relating to, the Classes, my presence on the Business's premises (the "Premises") or my use of the Business's tools, equipment or facilities ( the "Equipment"), including, without limitation, injury, death, or property loss, regardless or whether arising, in whole or in part, from the action or inaction of any Release Parties. Assumption of Risks: The Business may, but is not obligated to, permit the consumption of alcoholic beverages on the Premises. I understand that participation in both candle making, soap making and drinking alcohol carries certain know and unknown risks that cannot be be eliminated regardless of the care taken to avoid injuries. I acknowledge that I am aware and voluntarily expose myself to risks inherent in candle making, including, but not limited to, physical and emotional injury or death resulting from serious burns/ scalding and other heat-related injuries: slippery surfaces; lacerations; allergic reactions; and eye injuries. I further acknowledge that if I choose to consume alcohol on the Premises, I am aware of and voluntarily expose myself to the many risks of alcohol consumption, and the risk that alcohol consumption might exacerbate the risks inherent in candle and soap making. I hereby knowingly assume full and sole responsibility for all of the foregoing risks and acknowledge that my participation in the Classes is fully voluntary. Indemnification and Hold Harmless: I agree to indemnify, defend and hold harmless the Released Parties from any and all existing and future claims, actions suits, procedures, costs, expenses damages and liabilities (including, without limitation , reasonable attorney's fees and court costs) brought, asserted incurred or arising from or as a result of my participation in the Class, my presence on the Premises or my use of the Equipment. Policies and Procedures: I understand that the Business may impose certain policies and procedures in connection with the Classes, including without limitation the right to exclude intoxicated parties from the Premises or participation in the Classes. I agree to abide by any and all such policies and procedures and understand that if I violate them, I may be asked to leave the Premises with refund of any feeds or other costs I may have incurred in connection with the Classes. Use of Likeness: I hereby grant to the business the right to use my likeness and recorded actions during my participation in the Classes, without charge, in business marketing and promotional materials. Minors: I understand that I cannot bring any children under age 5 to the Premises during the Classes, and that all Classes participants must be at least 5 years or older. I will ensure that 1 adult will remain present on the Premises during the entire Classes for (a) every 3 Class participants ages 5-14: or (b) any group of Classes participants ages 15-16. I understand that each Classes participant who is under age 18 must have a parent or guardian sign this waiver on behalf of the Classes. No alcohol will be served or may be consumed on the Premises by any person who does not present a valid ID indicating such person is at least age 21. Severability: In the event that any court of competent jurisdiction shall declare any part of this agreement provision to be invalid, prohibited, or unenforceable, the remaining portions of this agreement shall remain enforceable or prohibited portion of this agreement shall be modified by a court of law so as to allow the same to be interpreted in such a manner so as to be enforceable. Arbitration: In the event of a dispute that mediation cannot resolve, the parties hereto expressly agree to resolve such dispute under the most applicable JAMS rules of arbitration, before an arbitration selected in accordance with such rules, with the prevailing party entitled to arbitration costs and attorney fees. You, the client, by signing this Agreement expressly agree and assent to resolving any dispute via arbitration and waive any and all rights under California or federal law for a trial by bench or jury. In the event you opt out of arbitration you may send a notice of such opt out within 30 calendar days of signing this Agreement. Such opt out must be delivered to the location you signed this Agreement at, registered mail, and clearly assert you are affirmatively opting out. IN WITNESS WHEREOF, I have executed this Waiver, effective as of the date set forth below. December 23, 2024
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