Release and Waiver of Liability
*Registration/enrollment in any of our classes (including free classes), private classes, pop-up classes, workshops or birthday parties means that you have read and agreed to the following terms.
I give permission for my child to participate in a class, workshop, birthday party or event at The Creative Learning Studio (3133 Tiger Run Court Suite 109, Carlsbad, California 92010).
I understand and acknowledge that Creative Learning Co LLC owns and operates The Creative Learning Studio.
Ability to engage in art activities and assumption of the risk:
Creative Learning Co LLC takes all possible precautions to reduce risk and provide a safe and enjoyable art for every person, however I acknowledge that there are inherent risks of injury that I voluntarily accept if I participate in Creative Learning Co LLC classes/activities/parties/workshops.
I. Release and Waiver of Liability and Indemnity Agreement
In consideration of my involvement and/or my minor child’s involvement with Creative Learning Co LLC (the “Classes/Events or Activities”), I hereby agree to the terms of this Release and Waiver of Liability and Indemnity Agreement (“Agreement”).
I HEREBY WAIVE AND RELEASE, INDEMNIFY, HOLD HARMLESS, and FOREVER DISCHARGE Creative Learning Co LLC, and its owners, agents, employees (paid or volunteer), officers, directors, affiliates, successors, family members, and assigns (collectively, “the Released Parties”), from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages, and liabilities, of any and every kind and nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation or to my minor child’s participation in any of the Classes/Events/Activities/Workshops/Parties offered by, conducted by, on the premises of, or for the benefit of, the Released Parties—provided that this waiver of liability does not apply to any acts of gross negligence, or intentional, willful or wanton misconduct. I fully understand and accept that my waiver and release, indemnification, and discharge of the Released Parties as reflected herein extends fully to any Classes/Events/Activities/Workshops/Parties that takes place at a location other than Creative Learning Co LLC itself. This includes mobile events. Lastly, I hereby release from liability all persons affiliated with Creative Learning Co LLC who in any fashion have helped in organizing, planning, and/or implementing classes or events for Creative Learning Co LLC.
2. Medical Release
Creative Learning Co LLC takes precautions to reduce risk and provide safe, healthy, and enjoyable experiences, however, I fully understand that the Classes/Events/Activities/Workshops/Parties that I and/or my minor child will participate in have the potential to be or to become dangerous and that those Classes/Events or Activities likewise have the potential to cause injuries, including bodily injury, damage to personal property, and/or serious bodily injury or even death. Activities may include, but not limited to working with paint, sharpies, beads, pencil sharpeners, scissors, glues, hot glue guns, pastels, pencils, markers, clay, wood, tools, screws, metal parts, paper, fabrics, plastic bags, food coloring, food products, cooking tools, water, fabric dyes and small loose parts that may present a choking or drowning hazard. On behalf of myself and/or my minor child, and on behalf of my heirs, assigns, and next of kin, I hereby expressly waive and release any and all claims for damages or injuries—whether physical, mental, emotional, or otherwise—sustained by me or to my property, or sustained by my minor child or to his/her property, that I may have as against the Released Parties related to such Classes/Events/Activities/Workshops/Parties.
I understand that in the case of an emergency involving my child, every effort will be made to immediately contact you (if a caregiver is not present). However, in the event that you cannot be reached to make arrangements for emergency medical attention at the time of illness or accident, you hereby authorize Creative Learning Co LLC staff to call 911 to provide urgent care for your child, and further authorize your child to receive medical treatment from emergency medical providers as such medical provider deems necessary and appropriate.
I certify that I, and my minor children, have adequate insurance to cover any injury or damage suffered or caused while participating or I will personally pay all medical, hospital, or other expenses related to injury or damage to which I or my minor children may cause or incur while participating.
3. Photography/Video release
I, the undersigned parent/guardian of the minor participant(s) enrolled in Creative Learning Studio Classes/Events/Activities/Workshops/Parties, hereby grant Creative Learning Co LLC and its authorized representatives permission to take photographs and/or videos of the minor participant(s) and participating family members, and to use the minor participant's likeness (and/or participating family member likeness) for promotional and educational purposes. This includes, but is not limited to, sharing these materials on the company's website, social media platforms, brochures, newsletters, and other marketing materials. Photos and video may also be shared with 3rd party brand partners who provide the studio with product in exchange for photos/video to market their own products on their own platforms.
I understand and agree to the following terms:
I hereby release and discharge Creative Learning Co LLC and its authorized representatives from any and all claims, actions, demands, or liabilities arising out of the use of the photographs, videos, and the minor participant's likeness taken during Classes/Events/Activities/Workshops/Parties.
I understand that the photographs, videos, and likeness will become the property of Creative Learning Co LLC and may be used for an indefinite period of time.
I understand that I will not be compensated for the use of these photographs, videos, and likeness.
I hereby waive any right to inspect or approve the finished photographs, videos, or any copy that may be used in connection with them, now or in the future, whether that use is known to me or unknown.
By enrolling in Classes/Events/Activities/Workshops/Parties, I acknowledge that I have read and understood the terms of this photo and likeness release on behalf of the minor participant and give my full consent for Creative Learning Co LLC to use photographs, videos, and the minor participant's likeness as described above.
4. User Agreement
This Agreement contains the entire agreement between the parties and supersedes any prior written or oral agreements between them concerning the subject matter of this Agreement. The provisions of this Agreement may be waived, altered, amended or repealed, in whole or in part, only upon the prior written agreement of all parties—including Creative Learning Co LLC.
The provisions of this Agreement will continue in full force and effect even after the termination of the Events or Activities conducted by, on the premises of, off the premises of, or for the benefit of the Released Parties, whether by agreement, by operation of law, or otherwise.
I have read, understand, and fully agree to each of the terms of this Agreement. To the best of my knowledge, all of the information provided during enrollment/registration is truthful, accurate, and up to date, and unless otherwise noted, my child has no physical, emotional, or social conditions that make it dangerous for him/her (or a danger to others) to participate in any Classes/Events/Activities/Workshops/Parties conducted or offered by Creative Learning Co LLC.
If any of the information I have provided about my minor child were to change, I understand that it is my responsibility to provide Creative Learning Co LLC with those changes. I understand and agree that, unless otherwise expressly stated herein, no oral or written representations can or will alter the terms of this document. I agree that this Agreement shall be governed by the laws of the State of California.
I certify that I have custody or am the legal guardian of said minors by court order and that I and my minor children are physically able to participate in the described activities.
I warrant that my child is able to follow directions, respect materials, and participate safely in all activities associated with the studio. Creative Learning Co LLC reserves the right to require parents or guardians to withdraw a child from the class for disruptive or unsafe behavior, or destruction of property, at any time.
I understand that Creative Learning Co LLC is not responsible for unattended children on the premises or within the neighborhood before or after classes for which they are enrolled. I understand that Creative Learning Co LLC classes or events are not child care as defined by the State of California and are not responsible for the constant supervision of my child while on the premises.
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 Learning Co LLC has put in place preventive cleaning and sanitizing 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 Learning Co LLC 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 Learning Co LLC 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 Learning Co LLC may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Creative Learning Co LLC 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 Learning Co LLC or participation in affiliated programming.
On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Creative Learning Co LLC, 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 Learning Co LLC, its team members, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Creative Learning Co LLC program.
I understand that if I or my child (ren) have any signs of illness I will NOT attend Creative Learning Studio classes or events. My child must be fever free and illness free for 72 hours (this includes all symptoms) before returning to/attending a class, party or event.
I hereby acknowledge and agree that I have carefully read this Waiver and Release agreement, that I fully understand the same, and that I am freely and voluntarily executing the same. I am aware that this is a release of liability and a contract between myself and Creative Learning Co LLC. Registration/enrollment in any of our classes (including free classes), workshops, pop-up classes or birthday parties means that you have read and agreed to these terms/provisions.
I further understand, confirm, and agree that by registering my child for an activity or class, I have given up considerable future legal rights—rights that otherwise may or would have been held by me and/or my minor child absent of this Agreement. I have agreed to this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise, or guarantee being communicated to me. I am 18 year of age or older and mentally competent to enter into this waiver, and hereby do so on either my behalf, free will, and/or on the behalf of my minor child.
By signing this release I will be forever prevented from suing or otherwise claiming against Creative Learning Co LLC for any property loss or personal injury that I may sustain while visiting The Creative Learning Studio.
I have been given the opportunity and have been encouraged to seek independent legal advice prior to signing this Waiver and Release agreement.
I understand that I am not permitted to visit The Creative Learning Studio unless I digitally sign this Waiver and Release agreement by enrolling in Classes/Events/Activities/Workshops/Parties. I understand that this Waiver and Release agreement is binding on me, my spouse, my heirs, my executors, administrators, personal representatives and assigns.
This waiver and release do not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that California law does not permit to be released by agreement. WITH THE INTENTION OF WAIVING ALL KNOWN AND UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS, "A general release does not extend to claims which the creditor does not know or suspect to exist in his/her favor at the time of executing the release, which if known by him/her must have materially affected his/her settlement with the debtor".