Waiver

ARTBYTAY WORKSHOP RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION AGREEMENT

WARNING: READ CAREFULLY.  THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS THAT DEPRIVES YOU OF THE RIGHT TO SUE ARTBYTAY, AND OTHER PARTIES.  BY CHECKING THE BOX TO ACCEPT THE WAIVER YOU INDICATE YOU ACCEPT IT AND HAVE READ IT IN ITS ENTIRETY.  SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.

In consideration of Workshop Host and its subsidiaries, affiliates, employees, representatives, and agents allowing my participation in the ARTBTAY Workshop class I, the undersigned, and for all my personal representatives, agents, assigns, heirs, and next of kin agree as follows:

ASSUMPTION OF RISK:

I understand and acknowledge that there are dangers, hazards and risks of injury or damages, some of which are inherent in my use of PYSNAKY EQUIPMENT and craft equipment, INCLUDING CANDLES AND KISTKA AND DYES, and at my presence at, or participation in, the Workshop. I understand that these dangers, hazards and risks, arising from my use of the Equipment and my presence at or participation in the Workshop, 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 (“Premises”) or through the NEGLIGENCE of Workshop Host or any of the Released Parties (as defined below).  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.

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 Workshop Host, AR WORKSHOP FRANCHISING, LLC, ANDERS RUFF, LLC, the Premises owners and managers, 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 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 Workshop Host 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.

RELEASE FOR PERSONAL LIKENESS:

By entering the Premises and participating in the Workshop, I understand that Workshop Host, ARTBYTAY and their affiliates, agents, representatives, and assigns may take photographs and/or video during class of participants and/or their work. I grant to Workshop Host, ARTBYTAY and their successors, franchisees, 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 Workshop Host, ARTBYTAY or their assigns, as applicable, and you waive any and all rights of publicity, privacy or other rights therein. If you do not wish to be photographed or recorded, you should let the manager or lead instructor know upon arrival to the workshop.

RELEASE FOR CORONAVIRUS/COVID-19:

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. The Workshop Host has put in place preventative measures to reduce the spread of COVID-19; however, cannot guarantee that you will not become infected with COVID-19. Further, attending the Workshop could increase your risk of contracting COVID-19.

By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending the Workshop 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 the Workshop may result from the actions, omissions, or negligence of myself and others, including, but not limited to, AR Workshop employees, volunteers, and other workshop participants and customers.

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at the Workshop (“Claims”). I hereby release, covenant not to sue, discharge, and hold harmless Workshop Host, its employees, 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 Workshop Host, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in the Workshop.

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 PROVINCE OF BRITISH COLUMBIA; ANY DISPUTES ARISING OUT OF THIS AGREEMENT SHALL HAVE SOLE AND EXCLUSIVE JURISDICTION AND VENUE IN THE PROVINCE AND FEDERAL COURTS OF VANCOUVER, BRITISH COLUMBIA CANADA.

As the Parent and/or Legal Guardian to the minor participant of the Workshop, I hereby accept and agree to all of the terms and conditions of this Agreement in connection with the minor’s participation in the Workshop. If, despite this Agreement, I, or anyone on the minor’s behalf, makes a claim for liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such liabilities which any may be incurred as the result of such claim.