WORKSHOPS AND PARTY POLICIES
PARENTAL CONSENT FORM - WAIVER
I, _(PARENT/GUARDIAN SIGNED ON REGISTRATION)__, consent and agree to allow __(MY CHILD LISTED ON REGISTRATION)_ to use the following facility owned by Rustic Glitter of 310 McKeever Rd. #A2, Arcola, Texas 77583: Rustic Glitter - DIY Creative Studio and participating in the craft workshop.
(Parent(s) or Legal Guardia(s) name listed on registration) will assume any risk if (childs name listed on registration) is injured as a result of the activities or purposes hereby consented to
PHOTO RELEASE
I hereby grant Rustic Glitter permission to use my likeness in a photograph in any and all of its publications, including but not limited to all of Rustic Glitter's printed and digital publications. I understand and agree that any photograph using my likeness will become property of Rustic Glitter and will not be returned. I acknowledge that since my participation with Rustic Glitter is voluntary, I will receive no financial compensation.
I hereby irrevocably authorize Rustic Glitter to edit, alter, copy, exhibit, publish or distribute this photo for purposes of publicizing Rustic Glitter programs or for any other related, lawful purpose. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph.
I hereby hold harmless and release and forever discharge Rustic Glitter from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
SAFETY WAIVER
I. WORKSHOPS
In consideration of Joanne Jurica D/B/A Rustic Glitter (“Rustic Glitter”) and its subsidiaries, affiliates, employees, representatives, and agents allowing my participation in or attendance at the Rustic Glitter workshop class (“Workshop”), I, the undersigned, and for all my personal representatives, agents, assigns, and heirs agree as follows:
A. Representations
I represent and warrant to Rustic Glitter that I have full legal authority to complete the registration for the Workshop, including this Waiver, on behalf of myself and/or any party for whom I am registering. As used in this Waiver, (a) “Rustic Glitter” means and includes Joanne Jurica D/B/A Rustic Glitter, its partners, subsidiaries, affiliated entities, or entities that control, are controlled by, or are under common control with Rustic Glitter singly or together and its and each of their officers, employees, contractors, subcontractors and agents and each of their agents, representatives, successors and assigns; and (b) “you”, “your”, or “I” means and includes you (as an individual) and all other Registered Parties for whom you are registering, and by virtue of agreeing to this Waiver, for whom you are waiving certain rights.
If I am registering a child under the age of 18 or an incapacitated adult I represent and warrant that I am the parent or legal guardian of that party and have the legal authority to enter into this Waiver on their behalf and by proceeding with registration for the Workshop, I agree that the terms of this Waiver shall apply equally to all of the Registered Parties.
B. Assumption of Risk
I understand that I will use and/or be exposed to drills, hammers, mallets, nails, sandpaper, paint and various types of stain (the “Equipment”) during the Workshop. I understand and acknowledge that there are dangers, hazards and risks of injury or damages, some of which are inherent in my use of such Equipment and my presence at or participation in the Workshop. These dangers include but are not limited to the potential for SERIOUS BODILY INJURY, INCLUDING, BUT NOT LIMITED TO, PERMANENT DISABILITY, PARALYSIS AND DEATH, ACCIDENTS, ILLNESS, EQUIPMENT FAILURE, INADEQUATE SAFETY MEASURES, AND OTHER ACCIDENTS OR INCIDENTS THAT MAY RESULT IN INJURY OR DAMAGE (“Risks”). I understand and acknowledge that these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Workshop or related activities, the conditions in which the Workshop takes place, the conditions or set up of the premises of the Workshop. I also understand that an inherent risk of exposure to COVID-19 exists in any public place where people are present. I understand and acknowledge that there may be other risks or social and economic losses either known, not known or not readily foreseeable at this time, and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR ALL LOSSES, COST AND DAMAGES that I incur as a result of my participation in the Workshop. I acknowledge and agree that if at any time I believe the conditions of the Workshop and related activities to be unsafe I will immediately discontinue any further participation in the Workshop or related activities or notify an instructor of such conditions.
I agree to be responsible for any damages to Rustic Glitter’s tools, equipment or facilities, to the extent and in the percentage I cause such damages.
C. Release of Liability
I hereby forever release and waive any and all rights, claims, and actions that I and my heirs, executors, administrators, and assigns may have, or that may hereafter accrue against Rustic Glitter and all other persons, organizations, and other entities associated with the Workshop, and each of their respective parents, affiliates, officers, directors, partners, shareholders, members, agents, employees, and volunteers (“Released Parties”), of any kind or nature, which arise out of, result from, or relate to my use of, presence at, or participation in the Workshop, which may arise out of, result from, or relate to the ordinary negligence of the Released Parties. I agree to indemnify and defend the Released Parties against all claims, causes of action, damages, judgments costs or expenses including reasonable attorney’s fees and other litigation costs which may in any way arise from my participation in Rustic Glitter workshops or my presence in Rustic Glitter facilities.
I HEREBY RELEASE, DISCHARGE AND COVENANT NOT TO SUE THE RELEASED PARTIES FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT WHETHER TO MY PERSON OR PROPERTY, CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE RELATED TO THE ACTIVITIES OR THE PREMISES, INCLUDING NEGLIGENT RESCUE OPERATIONS. I FURTHER AGREE THAT IF DESPITE THIS AGREEMENT I, OR ANYONE ON MY BEHALF, MAKES A CLAIM AGAINST ANY OF THE RELEASED PARTIES, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES AND THEIR INSURANCE CARRIERS FROM ANY LITIGATION EXPENSES, FEES INCLUDING COURT AND ATTORNEY, LOSS, LIABILITY, DAMAGE, OR COST WHICH RELEASED PARTIES MAY INCUR AS A RESULT OF SUCH CLAIM.
In the event of an illness, injury or medical emergency arising during the Workshop, I hereby authorize and give my consent to Rustic Glitter to secure from any accredited hospital, clinic and/or physician any treatment deemed necessary for my immediate care. I agree that I will be fully responsible for payment of any and all medical services and treatment rendered to me including but not limited to medical transport, medications, treatment and hospitalization and agree to indemnify and hold harmless the Released Parties from any liability associated with the treatment or related expenses.
D. Release for Personal Likeness
By attending and/or participating in the Workshop, I understand that Rustic Glitter and their affiliates, agents, representatives, and assigns may take photographs and/or video during class of participants and/or their work. I grant to Rustic Glitter and their successors, agents, assigns and licensees my irrevocable consent to include my photographic image and voice in various marketing materials, including but not limited to social media, websites, flyers, posters, and other promotional materials. All photographs, film or video footage, or other audio or video recordings of the Workshops and its participants, and any works derived therefrom, shall be the sole property of Joanne Jurica D/B/A Rustic Glitter, or their assigns, as applicable, and I waive any and all rights of publicity, privacy or other rights therein. If I do not wish to be photographed or recorded, I will let the manager or lead instructor know upon arrival to the Workshop.
II. RESERVATIONS
In consideration of Joanne Jurica D/B/A Rustic Glitter (“Rustic Glitter”) and its subsidiaries, affiliates, employees, representatives, and agents allowing my presence at and use of Rustic Glitter’s workspace, event space, or any portion of Rustic Glitter’s physical location (the “Premises”), I, the undersigned, and for all my personal representatives, agents, assigns, and heirs agree as follows:
A. Representations
I represent and warrant to Rustic Glitter that I have full legal authority to complete the reservation for the Premises, including this Waiver, on behalf of myself and/or any party for whom I am completing this reservation. As used in this Waiver, (a) “Rustic Glitter” means and includes Joanne Jurica D/B/A Rustic Glitter, its partners, subsidiaries, affiliated entities, or entities that control, are controlled by, or are under common control with Rustic Glitter singly or together and its and each of their officers, employees, contractors, subcontractors and agents and each of their agents, representatives, successors and assigns; and (b) “you”, “your”, or “I” means and includes you (as an individual) and all other Registered Parties for whom you are registering, and by virtue of agreeing to this Waiver, for whom you are waiving certain rights.
B. Assumption of Risk
I understand that at the Premises I could use and/or be exposed to drills, hammers, mallets, nails, sandpaper, paint and various types of stain (the “Equipment”). I understand and acknowledge that there are dangers, hazards and risks of injury or damages, some of which are inherent in my use of such Equipment and my presence at or use of the Premises. These dangers include but are not limited to the potential for SERIOUS BODILY INJURY, INCLUDING, BUT NOT LIMITED TO, PERMANENT DISABILITY, PARALYSIS AND DEATH, ACCIDENTS, ILLNESS, EQUIPMENT FAILURE, INADEQUATE SAFETY MEASURES, AND OTHER ACCIDENTS OR INCIDENTS THAT MAY RESULT IN INJURY OR DAMAGE (“Risks”). I understand and acknowledge that these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others present on the Premises during my reservation, or the conditions or set up of the Premises. I also understand that an inherent risk of exposure to COVID-19 exists in any public place where people are present. I understand and acknowledge that there may be other risks or social and economic losses either known, not known or not readily foreseeable at this time, and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR ALL LOSSES, COST AND DAMAGES that I incur as a result of my presence at and reservation of the Premises. I acknowledge and agree that if at any time I believe the conditions of the Premises and related activities to be unsafe I will immediately notify Joanne Jurica or Rustic Glitter of such conditions.
I agree to be responsible for any damages to Rustic Glitter’s tools, equipment or facilities, to the extent and in the percentage I or my invitees cause such damages.
C. Release of Liability
I hereby forever release and waive any and all rights, claims, and actions that I and my heirs, executors, administrators, and assigns may have, or that may hereafter accrue against Rustic Glitter and all other persons, organizations, and other entities associated with the Premises, and each of their respective parents, affiliates, officers, directors, partners, shareholders, members, agents, employees, and volunteers (“Released Parties”), of any kind or nature, which arise out of, result from, or relate to my use of, presence at, or reservation of the Premises, which may arise out of, result from, or relate to the ordinary negligence of the Released Parties. I agree to indemnify and defend the Released Parties against all claims, causes of action, damages, judgments costs or expenses including reasonable attorney’s fees and other litigation costs which may in any way arise from my participation in Rustic Glitter workshops or my presence in Rustic Glitter facilities.
I HEREBY RELEASE, DISCHARGE AND COVENANT NOT TO SUE THE RELEASED PARTIES FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT WHETHER TO MY PERSON OR PROPERTY, CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE RELATED TO THE ACTIVITIES OR THE PREMISES, INCLUDING NEGLIGENT RESCUE OPERATIONS. I FURTHER AGREE THAT IF DESPITE THIS AGREEMENT I, OR ANYONE ON MY BEHALF, MAKES A CLAIM AGAINST ANY OF THE RELEASED PARTIES, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES AND THEIR INSURANCE CARRIERS FROM ANY LITIGATION EXPENSES, FEES INCLUDING COURT AND ATTORNEY, LOSS, LIABILITY, DAMAGE, OR COST WHICH RELEASED PARTIES MAY INCUR AS A RESULT OF SUCH CLAIM.
In the event of an illness, injury or medical emergency arising during my presence at or use of the Premises, I hereby authorize and give my consent to Rustic Glitter to secure from any accredited hospital, clinic and/or physician any treatment deemed necessary for my immediate care. I agree that I will be fully responsible for payment of any and all medical services and treatment rendered to me including but not limited to medical transport, medications, treatment and hospitalization and agree to indemnify and hold harmless the Released Parties from any liability associated with the treatment or related expenses.
D. Release for Personal Likeness
By reserving the Premises, I understand that Rustic Glitter and their affiliates, agents, representatives, and assigns may take photographs and/or video of participants and/or their work. I grant to Rustic Glitter and their successors, agents, assigns and licensees my irrevocable consent to include my photographic image and voice in various marketing materials, including but not limited to social media, websites, flyers, posters, and other promotional materials. All photographs, film or video footage, or other audio or video recordings of the participants, and any works derived therefrom, shall be the sole property of Joanne Jurica D/B/A Rustic Glitter, or their assigns, as applicable, and I waive any and all rights of publicity, privacy or other rights therein. If I do not wish to be photographed or recorded, I will let the Rustic Glitter know upon my arrival at the Premises
I HAVE READ THIS ENTIRE AGREEMENT, I FULLY UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN UP AND WAIVED SUBSTANTIAL RIGHTS. I HAVE SIGNED THIS AGREEMENT VOLUNTARILY AND FREELY WITHOUT INDUCEMENT, DURESS, OR ANY ASSURANCES OF ANY NATURE. I INTEND THIS AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND I AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE REMAINDER OF THE AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT, NOTWITHSTANDING ANY INVALID PORTION OF THIS AGREEMENT.
THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS; ANY DISPUTES ARISING OUT OF THIS AGREEMENT SHALL HAVE SOLE AND EXCLUSIVE JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS OF FORT BEND COUNTY, TEXAS.
