CONSENT,
RELEASE and WAIVER of LIABILITY, ASSUMPTION of RISK, and INDEMNITY
AGREEMENT
PLEASE
READ THE FOLLOWING carefully before signing this Agreement.
Mess
Studio LLC (“Mess
Studio”)
is an art studio for children where children come to explore, use
their imagination, creativity, and self-expression all while
developing cognitive, social, and motor skills. Mess Studio provides
space, activities, and equipment for play and discovery including but
not limited to various materials such as paint, balloons, and water
guns (“Materials”)—all
of which can be inherently dangerous. As the parent, legal guardian,
or chaperone of the child or children designated below (hereinafter
“undersigned”)
and by your signature below, you agree to the following and/or
acknowledge the following:
1. That
the activities and Materials offered by Mess Studio could
result in injury to persons or damage to property. Further, you
acknowledge that you are aware that Mess Studio cannot eliminate all
risks associated with such activities or Materials including but not
limited to the conduct or negligence of others. By your signature
below, you are electing to observe and/or participate in the
activities provided by Mess Studio on behalf of yourself and the
designated child and waive any risks that may be associated with your
participation or the child’s participation.
2. That
under no circumstances is Mess Studio responsible for damage to
clothing or footwear.
3. That
you nor the child participating has any physical, emotional, or
social conditions that make it dangerous or challenging to safely
participate in the activities offered at Mess Studio.
4. That
Mess Studio may take photographs, audio and video of you and the
child during Mess Studio’s classes for the purpose of social media,
website, presentations, workshops, etc.
5. That
by providing your e-mail address below, you agree to join our mailing
list.
6.
That you have carefully read the Terms
and Conditions,
which are published on Mess Studio’s website and agree to follow
the same. Further, that you acknowledge you are responsible for
ensuring the child’s compliance with the same.
7. That
you have carefully read the Safety
Regulations,
which are published on Mess Studio’s website and agree to follow
the same as well as any instructions given by Mess Studio’s staff.
Further, that you acknowledge you are responsible for ensuring the
child’s compliance with the same.
8. That
in consideration for participation in the activities, use of the
facilities and equipment provided by Mess Studio,
you the undersigned hereby release Mess Studio, its subsidiaries,
affiliates, partners, officers, directors, employees, agents, and
volunteers (and each of their respective heirs, assigns, and legal
representatives) from any and all liability whatsoever and any cause
of action whatsoever including a cause of action for bodily injury,
death or property damage.
9.
That should Mess Studio incur attorney’s fees and/or costs in
enforcing and/or defending this Agreement, Mess Studio shall be
entitled to reimbursement.
10. That
in the event that you or anyone else files a lawsuit against Mess
Studio pertaining to any claims relating to you or the children
designated below, the venue shall be in Washington County, Tennessee.
Further, you agree that if any portion of this agreement is found to
be void or unenforceable, the remaining portions shall remain in full
force and effect.
11. That
by signing this Agreement, you acknowledge that you have read the
above Agreement in full, understand its contents, and agree to be
bound by its terms. Further, you certify that you are authorized to
execute this release and consent to the use of your electronic
signature in lieu of an original signature on paper.