Waiver of Liability, User Agreement, Medical Release,

Photography/Video Release & Indemnification

 

*Registration/enrollment in any of our classes (including free classes), private classes, pop-up classes, workshops or birthday parties means that you have read and agreed to the following terms.

 

Ability to engage in art activities and assumption of the risk: 

 

Little Makers & Bakers Process Art Studio™ takes all possible precautions to reduce risk and provide a safe and enjoyable art for every person.

 

I. Release and Waiver of Liability and Indemnity Agreement

 

In consideration of my involvement and/or my minor child’s involvement with Little Makers & Bakers Process Art Studio™ (the “Classes/Events or Activities”), I hereby agree to the terms of this Release and Waiver of Liability and Indemnity Agreement (“Agreement”).

 

I HEREBY WAIVE AND RELEASE, INDEMNIFY, HOLD HARMLESS, and FOREVER DISCHARGE Little Makers & Bakers Process Art Studio™, and its owners, agents, employees (paid or volunteer), officers, directors, affiliates, successors, family members, and assigns (collectively, “the Released Parties”), from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages, and liabilities, of any and every kind and nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation or to my minor child’s participation in any of the Classes/Events or Activities offered by, conducted by, on the premises of, or for the benefit of, the Released Parties—provided that this waiver of liability does not apply to any acts of gross negligence, or intentional, willful or wanton misconduct. I fully understand and accept that my waiver and release, indemnification, and discharge of the Released Parties as reflected herein extends fully to any Classes/Events, Parties, or Activity that takes place at a location other than Little Makers & Bakers Process Art Studio™ itself. This includes mobile birthday parties. Lastly, I hereby release from liability all persons affiliated with Little Makers & Bakers Process Art Studio™ who in any fashion have helped in organizing, planning, and/or implementing classes or events for Little Makers & Bakers Process Art Studio™.

 

2. Medical Release

 

Little Makers & Bakers Process Art Studio™ takes precautions to reduce risk and provide safe, healthy, and enjoyable experiences, however, I fully understand that the Classes/Events or Activities that I and/or my minor child will participate in have the potential to be or to become dangerous and that those Classes/Events or Activities likewise have the potential to cause injuries, including bodily injury, damage to personal property, and/or serious bodily injury or even death. Activities may include, but not limited to working with paint, sharpies, beads, pencil sharpeners, scissors, glues, hot glue guns, pastels, pencils, markers, clay, wood, tools, screws, metal parts, paper, fabrics, plastic bags, food coloring, food products, cooking tools, water, fabric dyes and small loose parts that may present a choking hazard. On behalf of myself and/or my minor child, and on behalf of my heirs, assigns, and next of kin, I hereby expressly waive and release any and all claims for damages or injuries—whether physical, mental, emotional, or otherwise—sustained by me or to my property, or sustained by my minor child or to his/her property, that I may have as against the Released Parties related to such Classes/Event or Activity.

 

I understand that in the case of an emergency involving my child, every effort will be made to immediately contact you. However, in the event that you cannot be reached to make arrangements for emergency medical attention at the time of illness or accident, you hereby authorize Little Makers & Bakers Process Art Studio™ staff to call 911 to provide urgent care for your child, and further authorize your child to receive medical treatment from emergency medical providers as such medical provider deems necessary and appropriate.

 

I certify that I, and my minor children,  have adequate insurance to cover any injury or damage suffered or caused while participating or I will personally pay all medical, hospital, or other expenses related to injury or damage to which I or my minor children may cause or incur while participating.

 

3. Photography/Video release

 

Our students are our best ambassadors and we often photograph and/or video students and their artwork during classes, events, workshops or birthday parties for promotional purposes without compensation. I expressly allow and hereby waive any objection to, Little Makers & Bakers Process Art Studio™ photographing and/or videotaping me and/or my minor children when I and/or my minor children are participating in Little Makers & Bakers Process Art Studio™ Classes/Events or Activities. This also includes their artwork. Little Makers & Bakers Process Art Studio™ will take all necessary precautions to keep names and ages of participants confidential unless otherwise requested.

 

I understand and agree that all photographs and videotapes will remain the property of Little Makers & Bakers Process Art Studio™, and that Little Makers & Bakers Process Art Studio™ may use such photographs or videotapes for archival and promotional purposes, including their use on Little Makers & Bakers Process Art Studio™ social media accounts, web pages, catalogs, brochures and other printed materials. I understand that the decision to post any such photograph or video is a decision committed solely and exclusively to Little Makers & Bakers Process Art Studio™. I understand and agree to relinquish any claims to royalties or damages from the use of these images or video recordings.

 

If I do not wish to have images or video of my child used, I understand it is my responsibility to notify Little Makers & Bakers Process Art Studio™ in writing before arrival for class. My child will remain on the “do not photograph/video list” until I notify Little Makers & Bakers Process Art Studio™ of this change.​

 

 

4. User Agreement

 

This Agreement contains the entire agreement between the parties and supersedes any prior written or oral agreements between them concerning the subject matter of this Agreement. The provisions of this Agreement may be waived, altered, amended or repealed, in whole or in part, only upon the prior written agreement of all parties—including Little Makers & Bakers Process Art Studio™.  

 

The provisions of this Agreement will continue in full force and effect even after the termination of the Events or Activities conducted by, on the premises of, off the premises of, or for the benefit of the Released Parties, whether by agreement, by operation of law, or otherwise.

 

I have read, understand, and fully agree to each of the terms of this Agreement. To the best of my knowledge, all of the information provided during enrollment/registration is truthful, accurate, and up to date, and unless otherwise noted, my child has no physical, emotional, or social conditions that make it dangerous for him/her to participate in any Classes/Event or Activity conducted or offered by Little Makers & Bakers Process Art Studio™.

 

If any of the information I have provided about my minor child were to change, I understand that it is my responsibility to provide Little Makers & Bakers Process Art Studio™ with those changes. I understand and agree that, unless otherwise expressly stated herein, no oral or written representations can or will alter the terms of this document. I agree that this Agreement shall be governed by the laws of the State of California.

 

I certify that I have custody or am the legal guardian of said minors by court order and that I and my minor children are physically able to participate in the described activities.

 

I warrant that my child is able to follow directions, respect materials, and participate safely in all activities associated with the studio. Little Makers & Bakers Process Art Studio™ reserves the right to require parents or guardians to withdraw a child from the class for disruptive or unsafe behavior at any time.

I understand that Little Makers & Bakers Process Art Studio™ is not responsible for unattended children on the premises or within the neighborhood before or after classes for which they are enrolled.  I understand that Little Makers and Baker’s classes or events is not child care as defined by the State of California and is not responsible for the constant supervision of my child while on the premises.

 

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. Little Makers & Bakers Process Art Studio™ has put in place preventive cleaning and sanitizing 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 Little Makers & Bakers Process Art Studio™s 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 Little Makers & Bakers Process Art Studio™ 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 Little Makers and Bakers may result from the actions, omissions, or negligence of myself and others, including, but not limited to,Little Makers & Bakers Process Art Studio™ 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 Little Makers & Bakers Process Art Studio™ or participation in affiliated programming. 

 

On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Little Makers & Bakers Process Art Studio™, 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 Little Makers & Bakers Process Art Studio™, its team members, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Little Makers & Bakers Process Art Studio™ program.

 

I understand that if I or my child (ren) have any signs of illness I will NOT attend Little Makers & Bakers Process Art Studio™ classes or events. My child must be fever free and illness free for 96 hours (this includes all symptoms) before returning to/attending a class, party or event. Little Makers & Bakers holds the right to request a copy of a negative Covid-19 test before your child can return to class if they have experienced prolonged illness. If anyone living in my household or someone I have come in contact with is experiencing Covid-19 symptoms, I will not attend class. I understand that only ONE adult may attend class with my child and all adults over the age of 18 must wear a face-covering/mask while on the premises. Face coverings must cover both the nose and mouth area. Children under the age of 3.5 do not have to wear a mask (although recommended by the CDC for ages 2+), however children ages 3.5 yrs and above are asked to wear a mask for the duration of the class. Sickness refunds will be given up to 48 hours before the beginning of class. Refunds will NOT be issued if notification is less than 48 hours before class time.  Full semester refunds will be given for children or parents who are able to provide positive Covid 19 results and can not attend more than two classes due to prolonged illness.

 

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I have carefully read this Waiver of Liability, Medical Release, Photography/Videotape Release and Indemnification Agreement and fully understand its contents. I am aware that this is a release of liability and a contract between myself and Little Makers & Bakers Process Art Studio™. Registration/enrollment in any of our classes (including free classes), workshops, pop-up classes or birthday parties means that you have read and agree to these terms/provisions.

I further understand, confirm, and agree that by registering my child for an activity or class, I have given up considerable future legal rights—rights that otherwise may or would have been held by me and/or my minor child absent of this Agreement. I have agreed to this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise, or guarantee being communicated to me. I am 18 year of age or older and mentally competent to enter into this waiver, and hereby do so on either my behalf, free will, and/or on the behalf of my minor child.

 

I have read, understand, and fully agree to each of the terms of this Agreement. Unless otherwise noted, my child has no physical, emotional, or social conditions that make it dangerous for him/her to participate in any Classes/Event or Activity conducted or offered by Little Makers & Bakers Process Art Studio™.

© 2020 Little Makers & Bakers

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