THIS DOCUMENT RELEASES AND WAIVES CERTAIN LEGAL RIGHTS. YOU SHOULD READ THIS DOCUMENT THOROUGHLY AND YOUR SIGNATURE (AS DENOTED BY YOUR ELECTRONIC REGISTRATION FOR THIS CLASS OR SIGNATURE ON A HARD-COPY FORM AT THE STUDIO) REPRESENTS THAT YOU HAVE READ AND UNDERSTAND THIS AGREEEMENT.
On behalf of myself, my personal representatives, heirs, next-of-kin, spouse and assigns, I acknowledge that I hereby give up certain legal rights when I register for a class or event which includes the right to recover damages to personal property, bodily injury, and any projects left at the studio in exchange for the consideration of participating in the class and using the tools and equipment provided to me as part of the class.
Furthermore, I HEREBY:
- Release Creative Spirits from any loss, liability, damage, injury or cost that may arise out of my use of art materials, tools or equipment at Creative Spirits and I voluntarily assume the risk and danger of injury using such art materials, tools and equipment.
- Release, discharge and promise not to sue Gerst & Openshaw, LLC, doing business as Creative Spirits under its own name or any other name and/or any of its owners, officers, employees, instructors, and agents (hereinafter, “Releasees”) for any loss, liability damage or cost whatsoever arising out of or related to my person or property.
- Release Releasees from any claim that such Releasees are or may be negligent in connection with my educational experience, including but not limited to instruction on art making/working techniques, transportation to and from seminar activities, and maintenance or care of tools, equipment and supplies.
- Indemnify and hold harmless Releasees for any loss, liability, damage, injury or cost that may arise out of or in any way connected with my use of art tools and equipment provided or any acts or omission of Releasees, or other employees or agents.
- Agree to abide by and follow instructions and rules established by Creative Spirits, or any of its instructors, agents, or employees, with regard to safety operations in using working tools or other artistic equipment. This includes slippery surfaces from paint clean-up, etc.
- Understand that as a “paint and sip” location with a BYOB license under the State Liquor Board of Arizona, if I am of legal drinking age (21), I may bring my own unopened container of wine or beer to Creative Spirits’ studio. I acknowledge that Creative Spirits is not a party facility, but is an art studio that allows its participants to BYOB while they learn to paint. I will consume alcohol that I bring responsibly, and have been encouraged to take a taxi or carpool if I will be drinking alcohol, and I assume all risk for my actions while under the influence of alcohol. I understand that if there are any concerns about my ability to operate a motor vehicle upon leaving Creative Spirits, any agent of the studio may call the local police department to conduct a wellness check on my behalf, but does not have an obligation to do so. I understand that I cannot remove an open container of alcohol from the premises and must leave opened bottles behind for disposal.
- Acknowledge that this document is a contract and agree that if a lawsuit is filed against Creative Spirits or its owners, agents, employees or instructors for any injury or damage in breach of this contract, the undersigned will pay all attorney fees and costs incurred by Creative Spirits in defending such action. The registrant or guardian expressly agrees that the foregoing release and waiver of liability, assumption of risk, and indemnity is governed by the State of Arizona and intended to be as broad and inclusive as is permitted by Arizona law, and that in the event any portion of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the balance of the agreement shall not be affected or impaired in any way and shall continue in full legal force and effect.
- Understand that Creative Spirits may take photographs and/or video during class and also will take a group photo of participants and their paintings at the end of class, and that these may be used for marketing and public relations purposes for the studio in various settings including but not limited to: Facebook, Instagram, Creative Spirits’ home page on the Internet, fliers, posters, and other promotional materials. I understand that if I wish to be exempt from this, I need to speak with a member of Creative Spirits staff and make my wishes known in writing.
- Understand that when I provide my email address at registration, I may be added to the email list for periodic emails from Creative Spirits, but that I will have the option to unsubscribe at the bottom of the emails.
By registering for the class or event I acknowledge that I have read this document in its entirety and agree to the conditions.