VOLUNTARY WAIVER AND RELEASE
This Voluntary Waiver and Release Agreement (“Agreement”) is hereby executed by the undersigned, or if the undersigned is under the age of 18 years, then the undersigned’s parent or legal guardian (together with any spouse, heir, successor, representative or assign, collectively as “Participant”) in favor and for the sole and exclusive benefit of the Released Parties (as defined herein). In connection with Participant’s involvement in a summer camp, birthday party, art class, promotional activity or in any other event which may take place at the residence of —-- located at —- by Participant, including, without limitation, any related activity, or any other event for Painted Pinecone Society, LLC (hereinafter referred to as an “Event”), Participant hereby certifies, warrants, represents, agrees and covenants to Kara Barker and each of their respective affiliates, officers, employees, contractors, agents, successors and assigns, the “Released Parties”, that he/she is:
FREE OF ANY MENTAL OR PHYSICAL CONDITION, AILMENT OR INJURY (MEDICAL OR OTHERWISE) WHICH WOULD, IN AND OF ITSELF OR IN CONJUNCTION WITH ANY OTHER CIRCUMSTANCE, INCLUDING BUT NOT LIMITED TO THOSE ACTIVITIES ASSOCIATED WITH THE EVENT AND USE OF EQUIPMENT, (i) IMPAIR, PREVENT OR PROHIBIT PARTICIPANT FROM ENGAGING IN SUCH EVENT AND EQUIPMENT ACTIVITIES BE AFFECTED, AGGRAVATED OR WORSEN IN ANY WAY AS A RESULT, DIRECTLY OR INDIRECTLY, OF PARTICIPANT’S INVOLVEMENT IN SUCH EVENT AND USE OF EQUIPMENT;
OF SOUND MIND AND BODY AND NOT UNDER THE INFLUENCE OF ALCOHOL OR ANY ILLICIT OR PRESCRIPTION DRUG OR MEDICATION WHICH MAY IN ANY WAY IMPAIR PARTICIPANT’S ABILITY TO ENTER INTO THIS AGREEMENT, FULLY UNDERSTAND THE RESPECTIVE INTENT AND MEANING OF ALL OF THE TERMS AND PROVISIONS HEREOF AND TO PARTICIPATE IN THE EVENT AND USE OF EQUIPMENT;
ENTERING INTO THIS WAIVER AND RELEASE AGREEMENT VOLUNTARILY, BY PARTICIPANT’S OWN FREE WILL, ACT AND DEED, WITHOUT ANY UNDUE INFLUENCE FROM THE ORGANIZERS OR ANY OTHER THIRD PARTY.
ASSUMPTION OF RISK. PARTICIPANT AGREES THAT PARTICIPANT HAS VOLUNTARILY ELECTED TO PARTICIPATE IN THE EVENT AND USE OF EQUIPMENT PROVIDED BY PAINTED PINECONE SOCIETY, LLC INCLUDING, WITHOUT LIMITATION, FALLS, CONTACT WITH OTHER PARTICIPANTS, THE EFFECTS OF WEATHER AND THE EQUIPMENT CONDITION OF SURFACES. FURTHERMORE, PARTICIPANT EXPRESSLY AND UNCONDITIONALLY ASSUMES ALL RISKS AND DANGERS KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, AND RELATING OR INCIDENTAL TO PARTICIPANT’S INVOLVEMENT IN THE EVENT AND USE OF EQUIPMENT OR MATERIALS AND ANY ACTIVITY ASSOCIATED THEREWITH. PARTICIPANT HEREBY RELEASES, FOREVER DISCHARGES AND HOLDS HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, DEATH, BODILY INJURY OR PROPERTY DAMAGE OF ANY KIND OR NATURE (COLLECTIVELY, THE “LOSSES”), ARISING OUT OF OR RELATING TO PARTICIPANT’S INVOLVEMENT PARTICIPATING IN THE EVENT AND USING THE EQUIPMENT OR MATERIALS AND ALL ACTIVITIES ASSOCIATED THEREWITH, INCLUDING LOSSES CAUSED BY THE NEGLIGENCE, OR ALLEGED NEGLIGENCE, OF THE RELEASED PARTIES.
Participant understands that by signing this Agreement, Participant covenants and agrees that Participant, as well as such Participant's spouse, heirs, executors, administrators, successors and assigns, will never institute any suit or action at law, or otherwise, against any of the Released Parties, or in any way aid in the institution or prosecution of any claim, demand, action or cause of action for damages, costs, loss of services, expenses or compensation for or on account of any damage, loss or injury either to Participant's person or property, or both, which may result from the Participant's participation in the Event, use of Equipment, or any other activity associated therewith. Participant agrees to defend and hold the Released Parties harmless from any loss or damages, including attorneys' fees and costs, sustained by the Released Parties, or any one or more of them, as a result of any Participant's rescission of this Agreement or breach of its covenants or agreements contained herein.
MEDICAL ATTENTION. Participants agree that during the event, participants are authorized to secure appropriate medical attention in the event of an accident, illness, allergy or injury. Participant shall be responsible for any and all costs of medical coverage and treatment provided not covered by participant’s insurance.
GOVERNING LAW: The validity, interpretation, construction and enforcement of this Agreement shall be governed and controlled by the laws of the State of New Jersey, without regard to that State's rules with respect to choice of law.
LIABILITY: Participants acknowledge that crafting, paint and play activities may result in stains or damage to clothing. By participating, participants release Painted Pinecone Society, LLC from any liability for damages to clothing, furniture, land, or any other items.
Additionally, If any items provided by Painted Pinecone Society, LLC are become lost, or broken, participants may be responsible for compensation to cover repair or replacement costs under the discretion of Painted Pinecone Society, LLC.
PARENTAL RESPONSIBILITY: Guardians are responsible for supervising the children during the event hosting by Painted Pinecone Society, LLC. Therefore the safe use of materials, or safety of the children is not the responsibility or Painted Pinecone Society, LLC.
CANCELLATIONS/ INCLEMENT WEATHER: In the event that Painted Pinecone Society, LLC must cancel an event due to unforeseen circumstances, a full refund will be provided.
In the event of inclement weather, Painted Pinecone Society, LLC will work to reschedule the event on a mutually agreed upon date, Painted Pinecone Society, LLC having final approval. If participants do not wish to reschedule the event due to inclement weather then they will still be responsible for the full payment of the agreed upon price.
ATTENDANCE AND PRICING POLICY: If the number of children attending exceeds the original number provided on the form, after deposit has been submitted, Painted Pinecone Society, LLC reserves the right to determine if they can accommodate the additional attendees. If accommodations can be made, a rush order fee will apply. Additionally, if the number of children decreases after the final headcount deadline, participants will be responsible for the original quoted price.
THE WAIVER AND RELEASE GRANTED BY PARTICIPANT HEREUNDER IS LEGALLY BINDING AND SHALL BE CONSIDERED IRREVOCABLE. PARTICIPANT AGREES THAT THE ORGANIZERS MAY RELY UPON THIS AGREEMENT TO THE FULLEST EXTENT PERMISSIBLE AT LAW OR IN EQUITY.
Participant hereby certifies that all information provided on ALL forms is true, accurate and complete in all respects.