Workshop Credit Policy / Inclement Weather & Closures
Workshop Participation Agreement
WORKSHOP PARTICIPANT AGREEMENT
Please read this contract carefully.
It releases Artfully Dunn Creative Studio and/or their directors, officers, employees, volunteers, representatives, and agents, and the activity holders, sponsors, and volunteers (“Released Parties”); from liability and waives certain rights.
In consideration of being permitted to participate in classes or workshops with Artfully Dunn Creative Studio and it’s Released Parties, I, the Participant, (or if the Participant is under the age of 18, I, on the Participant’s behalf; or if I'm purchasing a workshop for someone else) understand, acknowledge, and contractually agree as set forth below (the Agreement):
1. Acknowledgement of Dangers and Risks: I understand, acknowledge, and agree that participating in classes or workshops, at Artfully Dunn Creative Studio (hereinafter the “Activity”), can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH. I understand, acknowledge, and agree that participating in the Activity involves certain inherent dangers and risks that cannot be eliminated or controlled by Artfully Dunn Creative Studio, the presence of which are integral to the nature of the Activity. I understand and agree that the following list of inherent dangers and risks that could cause physical or emotional injury or death is not exhaustive – there are many other dangers or risks associated with the Activity not listed: propane flame and hot tools; exposure to toxic and poisonous chemicals; exposure to dust from pigments, mica powders; cuts, punctures, jabs, and all manner of injuries caused by wood carving tools and equipment, hand tools, scissors, shears, glass snips, heat guns, wire snips; machine or equipment malfunction or failure; slipping, tripping or falling; mentally or physically unstable or criminal participants; negligence by participants; exposure to pathogens, virus, or disease, including but not limited to contraction of Covid-19; errors in instructor judgment or lapse in instructor skill; and mental, physical, or emotional injury or distress from exposure to any of the above. I understand that Artfully Dunn Creative Studio & it’s Released Parties has done its best to list the known risks of participating in the Activity, but agree that I have the right, obligation, and opportunity to research and verify the risks of participating in the Activity.
2. Assumption of Risk: I acknowledge and agree that I am choosing to take part in the Activity despite the dangers and risks of doing so, and freely choose to accept the risks of participating in the Activity. I recognize that property loss, physical or emotional injury, and death are all possible while participating in the Activity. I expressly acknowledge and assume all inherent risks, dangers, and consequences of the Activity, including but not limited to those risks, dangers, and consequences set forth in paragraph 1 above, that may result in physical or emotional injury, property damage, or death.
3. Participant’s Responsibilities and Representations: I represent that I am physically and mentally capable of participating in the Activity. I understand the importance of all safety instructions given to me, whether in writing or verbally, and agree to follow all instructor instructions at all times while engaging in the Activity. Further, I represent that I have had the opportunity to both independently research and discuss with Artfully Dunn Creative Studio the risks of participating in the Activity and my assumption of those risks. I have been informed of and understand the expectations of me while engaging in the Activity. I specifically and expressly agree that I have full responsibility for managing and treating any health conditions to prevent injury to myself or others. I am not relying on any prior oral, written, or visual representations made by Artfully Dunn Creative Studio, including in any website or promotional materials, to induce me to participate in the Activity.
4. Release of Liability and Agreement Not to Sue: Fully understanding the foregoing paragraphs, and in exchange for Artfully Dunn Creative Studio's agreement to allow the Participant to participate in the Activity, I HEREBY AGREE NOT TO SUE Artfully Dunn Creative Studio, Lisa M. Dunn, its affiliated companies and subsidiaries, or any of its respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, contractors, volunteers, representatives, assignees, members, managers, officers, directors, and shareholders (each hereinafter a “Released Party”) for any property damage (including but not limited to equipment damage), injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of Participant’s participation in the Activity. By signing this Agreement Not to Sue, I am releasing any right to make a claim or file a lawsuit against any Released Party. I agree to hold harmless and release each and every Released Party from any and all liability and/or claims or causes of action for injury or death to persons or damage to property arising from Participant’s participation in the Activity, INCLUDING, BUT NOT LIMITED TO THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE or breach of any contract and/or express or implied warranty (but not gross negligence or intentional conduct).
5. Agreement to Indemnify: I agree to INDEMNIFY (REIMBURSE) each Released Party from and for any and all claims of the Undersigned and/or a third party arising in whole or in part from Participant’s participation in the Activity. In other words, if Participant and/or anyone on Participant’s behalf files any lawsuit or brings any claim for injury or damage against released parties, undersigned will be required to pay back to the released parties all sums of money incurred by, or paid by or on behalf of any of the released parties on account of the bringing of such suit or claim, including all attorneys fees and costs.
6. Representation of Capacity to Contract, and Acknowledgement That Agreement is a Binding Contract: I represent that I am at least 18 years of age, and that I have the capacity to understand and be bound by all of the provisions of this Agreement. I understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. It is my intent that this Agreement shall be binding upon my assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives, and those of the Participant.
7. Agreement to Application of Maryland Law and Selection of Forum: I agree that any and all claims for injury and/or death arising from my participation in the Activity shall be governed by Maryland law, and that the exclusive jurisdiction for any claim shall be in the Cecil County Circuit Court, without regard to where the incident giving rise to any lawsuit occurs, and without regard to any jurisdiction’s conflicts of laws analysis.
8. Miscellaneous Provisions: I agree that Artfully Dunn Creative Studio may utilize my photograph, or video of me participating in the Activity for any purpose, and that any such image is the property of Artfully Dunn Creative Studio. If any sentence, clause, paragraph or part of this Agreement is declared unenforceable, the remainder shall continue in full force and effect. This Agreement can be modified only in writing. An electronic signature or acknowledgment of agreement upon this contract is fully binding and enforceable, and a copy of this executed Agreement may be used as if it is the original.
I HAVE CAREFULLY READ THE FOREGOING AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OR MY MINOR CHILD MAY OTHERWISE HAVE. I AGREE TO BE FULLY BOUND BY THE TERMS OF THIS AGREEMENT.