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. THIS APPLIES TO ALL PARTICIPANTS UNDER A GROUP SIGN-UP, IF THAT IS HOW PARTIES WERE REGISTERED.

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:

1. 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.
2. 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, injury, illness* or cost whatsoever arising out of or related to my person or property.

    

   *The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Creative Spirits has put in place preventive measures to reduce the spread of COVID-19; however, cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending an event affiliated with Creative Spirits could increase your risk and your child(ren)’s risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending events affiliated with Creative Spirits and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Creative Spirits may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Creative Spirits team members, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at Creative Spirits or participation in Creative Spirits-affiliated programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Creative Spirits, its team members, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of Creative Spirits, its team members, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Creative Spirits program.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. Understand that Creative Spirits may take photographs and/or video during class and of the 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, replay for a fee, and/or public relations purposes for the studio in various settings including but not limited to: Facebook, Instagram, Creative Spirits’ home page on the Internet, flyers, 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 in advance of the class. This applies to all participants included under the group sign-up for online or in-person events.

9. 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.