Release of Liability and Assumption of Risk
The parent or legal guardian (referred to hereinafter as "I" or "me") of the minor child identified below (the "Child") desires to allow the child to participate in activities (together, the "Activity") that may be dangerous and/or involve the risk of injury to the Child or the Child's property, including but not limited to the use of sharp objects, glue, paints, and other materials, and/or risks inherent in the participation of group activities, including, by way of example and not limitation, the risks of tripping and falling, contracting communicable diseases, or other similar risks, offered by or on behalf of Ideas Sprout Limited Liability Company, a Colorado limited liability company, d/b/a artSPARK Creative Studio (the "Company," together with me and the Child, the "Parties"). In consideration of being permitted by the Company to participate in the Activity and in the recognition of the Company's reliance hereon, I agree to all the terms and conditions set forth herein (this "Release") on behalf of the Child.
I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT THE CHILD MAY SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT THE CHILD IS VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING FROM THE CHILD’S PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I understand and agree that the Company would not permit the Child to participate in the Activity but for my agreement to enter into this Agreement and agree to these terms. Notwithstanding the foregoing, I acknowledge that I have been given a full and fair opportunity to review this Agreement prior to the Activity and desire to agree to its terms.
I understand that I must supervise the Child on the premises until the scheduled start time of the Activity and within 5 minutes before the scheduled end time of the Activity. I also understand and will comply with any time limits present in the policies and procedures provided by the Company, or upon notice from the Company that the Child must be picked up due to illness, injury, or behavioral issues that impact the Company’s ability to effectively or safely provide the Activity to the Child or to fellow participants. I understand that the Company may have, or may in the future institute, a fee for late pickups, and I agree to pay such fee in the event that I do not arrive to pick up the Child by the specified time.
The Company is not responsible for any damage, stains, rips, or tears to clothing or personal property. The Company may provide me with ingredients lists for all products used and I understand that the Child is responsible for avoiding any materials that may contain any such ingredients. The Company will make every reasonable effort to assist my Child in avoiding contact with any known allergens but cannot and does not guarantee that there is no cross contamination or that there are no allergens present in its materials or supplies used to provide the Activity, or that other participants in the Activity will not bring or be contaminated with allergens.
I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its managers, employees, agents, affiliates, members, successors, and assigns (collectively, “Releasees”), on account of injury, disability, death, or property damage, arising out of or attributable to the Child’s participation in the Activity, wherever occurring, and whether arising out of the ordinary negligence of any Releasees or otherwise. I covenant not to make or bring any such claim against any Releasee, and forever release and discharge all Releasees from liability under such claims. This Release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that Colorado law does not permit to be released by agreement.
I shall defend, indemnify, and hold harmless the Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, expenses, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, arising out of or resulting from any claim of a third party related to the Child’s participation in the Activity, including any claim related to the Child’s negligence or the ordinary negligence of any Releasee.
I hereby consent to permitting the Child to receive medical treatment deemed necessary if the Child is injured or requires medical attention during the Child’s participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Releasees from any claim based on such treatment or other medical services.
I understand the Releasees may take photographs, videos, or other audio or visual recordings of the Child and any artwork the Child creates while participating in the Activity (the Child’s “Creations”) and may use and publicize the Creations and the Child’s name, likeness, and other personal characteristics and private information (collectively, the “Characteristics”) during the Child’s participation in the Activity for advertising and other commercial uses and purposes (the “Authorized Purpose”). I hereby irrevocably authorize the Releasees to display, reproduce, modify, create derivative works, sell, license, otherwise use, and permit others to use, the Characteristics, the Creations, and all materials created by or on behalf of the Releasees that incorporate the same (the “Materials”) in perpetuity in any medium whatsoever for any purpose, without further consent from or consideration to me or the Child. I understand I have no right to review or approve the Materials before they are used by the Releasees, and that the Releasees have no liability to me or the Child for any alteration of the Materials or the Releasees’ presentation of the Child. The Releasees have no obligation to exercise any rights given by this Agreement.
This Release constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Parties and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Denver, Colorado, and I hereby consent to the exclusive jurisdiction of such courts.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY. I FURTHER REPRESENT AND WARRANT THAT I AM the parent or legal guardian of the minor named BELOW. I have the legal right to consent to this Release under applicable law and I HEREBY consent to the terms and conditions of this Release.
info@artsparkcreative.com
2630 W Belleview Ave
Suite 160
Littleton, CO 80123
303-795-7897
© 2024 Ideas Sprout Limited Liability Company. All rights reserved.