Creative Space
Liability Waiver.
Safety is our number one concern at our Creative Space Workshops, hosted by The ArtCraft Nook and 309 Whiskey Woodshop. All participants in our Creative Space Workshops are required to agree to and sign the RELEASE AND WAIVER FROM LIABILITY shown below. All participants must acknowledge the inherent risks or injury that all participants voluntarily accept if participating in a hands-on, physical workshop in a creative space.
1. Release and Waiver of Liability and Indemnity Agreement
In consideration of my involvement and / or my minor child’s involvement with any Creative Space Workshops hosted by The ArtCraft Nook and 309 Whiskey Woodshop, 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 the owners of The ArtCraft Nook and 309 Whiskey Woodshop, employees [paid or volunteer], and family members [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 / Activities / Workshops / Parties 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 / Activities / Workshops / Parties that takes place at any location in which The ArtCraft Nook and 309 Whiskey Woodshop host any Classes / Events / Activities / Workshops / Parties, including mobile events. Lastly, I hereby release from liability all persons affiliated with The ArtCraft Nook and 309 Whiskey Woodshop who in any fashion have helped in organizing, planning, and/or implementing classes or events for The ArtCraft Nook and 309 Whiskey Woodshop.
2. Acknowledgement of Inherently Dangerous Risks
The ArtCraft Nook and 309 Whiskey Woodshop takes precautions to reduce risk and provide safe, healthy, and enjoyable experiences, however, I fully understand that any Classes / Events / Activities / Workshops / Parties that I and/or my minor child will participate in have the potential to be or to become dangerous and that those Classes / Events / Activities / Workshops / Parties 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 hammers, nails, wood, plywood, paint, sharpies, beads, pencil sharpeners, scissors, glues, hot glue guns, pencils, markers, tools, screws, metal parts, paper, fabrics, plastic bags, water, fabric dyes, stickers, pom-poms, ribbons, tapes, and small loose parts that may present a choking or drowning hazard.
I understand and agree that the following list of inherent dangers and risks that could cause physical or emotional injury or death is not exhaustive – there are many other dangers or risks associated with the Activity not listed below: all manner of injuries caused by wood carving tools and equipment, hand tools, scissors, shears, wire snips, and sewing needles; slipping, tripping or falling; mentally or physically unstable or criminal participants; negligence by participants; exposure to pathogens, virus, or disease, including but not limited to contraction of Covid-19; errors in instructor judgment or lapse in instructor skill; and mental, physical, or emotional injury or distress from exposure to any of the above.
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 / Events / Activities / Workshops / Parties.
3. Medical Release
I understand that in the case of an emergency involving my child, every effort will be made to immediately contact you [if a caregiver is not present]. 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 The ArtCraft Nook and 309 Whiskey Woodshop 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.
4. Assumption of Risk and Release of Claims
I acknowledge and agree that I am choosing to take part in any Classes / Events / Activities / Workshops / Parties despite the dangers and risks of doing so, and freely choose to accept the risks of participating in the Classes / Events / Activities / Workshops / Parties. I recognize that property loss, physical or emotional injury, and death are all possible while participating in any Classes / Events / Activities / Workshops / Parties. I expressly acknowledge and assume all inherent risks, dangers, and consequences, including but not limited to those risks, dangers, and consequences set forth above, that may result in physical or emotional injury, property damage, or death.
Knowing the risks described above, I agree, on behalf of myself, my family, heirs, and personal representative(s), to assume all risks and responsibilities surrounding my participation in such programs. To the fullest extent permitted by law, I release and indemnify The ArtCraft Nook and 309 Whiskey Woodshop and its employees, from and against any present or future claim, loss or liability for injury to person or property which I may suffer, up to and including death, or for which I may be liable to any other person, during or as a result of my participation in a class or activity hosted by The ArtCraft Nook and 309 Whiskey Woodshop.
5. Photography / Video release
I, the undersigned parent / guardian of the minor participant[s] enrolled in any Classes / Events / Activities / Workshops / Parties, hosted by The ArtCraft Nook and 309 Whiskey Woodshop, hereby The ArtCraft Nook and 309 Whiskey Woodshop and its authorized representatives permission to take photographs and / or videos of the minor participant [s] and participating family members, and to use the minor participant's likeness [and / or participating family member likeness] for promotional and educational purposes. This includes, but is not limited to, sharing these materials on the company's website, social media platforms, brochures, newsletters, and other marketing materials. Photos and video may also be shared with 3rd party brand partners who provide the company’s with products in exchange for photos / video to market their own products on their own platforms.
I understand and agree to the following terms:
I hereby release and discharge The ArtCraft Nook and 309 Whiskey Woodshop and its authorized representatives from any and all claims, actions, demands, or liabilities arising out of the use of the photographs, videos, and the minor participant's likeness taken during Classes / Events / Activities / Workshops / Parties.
I understand that the photographs, videos, and likeness will become the property of The ArtCraft Nook and 309 Whiskey Woodshop and may be used for an indefinite period of time.
I understand that I will not be compensated for the use of these photographs, videos, and likeness.
I hereby waive any right to inspect or approve the finished photographs, videos, or any copy that may be used in connection with them, now or in the future, whether that use is known to me or unknown.
By enrolling in Classes / Events / Activities / Workshops / Parties, I acknowledge that I have read and understood the terms of this photo and likeness release on behalf of the minor participant and give my full consent for The ArtCraft Nook and 309 Whiskey Woodshop to use photographs, videos, and the minor participant's likeness as described above.
6. 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 The ArtCraft Nook and 309 Whiskey Woodshop.
The provisions of this Agreement will continue in full force and effect even after the termination of the Classes / Events / Activities / Workshops / Parties 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 [or a danger to others] to participate in any Classes / Events / Activities / Workshops / Parties conducted or offered by The ArtCraft Nook and 309 Whiskey Woodshop.
If any of the information I have provided about my minor child were to change, I understand that it is my responsibility to provide The ArtCraft Nook and 309 Whiskey Woodshop 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 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. The ArtCraft Nookand 309 Whiskey Woodshop reserves the right to require parents or guardians to withdraw a child from the class for disruptive or unsafe behavior, or destruction of property, at any time.
I understand that The ArtCraft Nook and 309 Whiskey Woodshop 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 The ArtCraft Nook and 309 Whiskey Woodshop Classes / Events / Activities / Workshops / Parties are not child care and are not responsible for the constant supervision of my child while on the premises.
My agreement to the provisions in this form is voluntary. I am aware that this is a release of liability and a binding contract between myself and The ArtCraft Nook and 309 Whiskey Woodshop, and I sign it of my own free will. This agreement will become effective upon its receipt by The ArtCraft Nook and 309 Whiskey Woodshop. To the extent any provisions of this document are found to be invalid, all other provisions within this agreement shall remain in effect.