READ THIS DOCUMENT (“AGREEMENT”) COMPLETELY BEFORE SIGNING. ITS EFFECT IS TO RELEASE THE AH HAA SCHOOL FOR THE ARTS AND THE AMERICAN ACADEMY OF BOOKBINDING (“AH HAA”), THEIR EMPLOYEES, AGENTS, MEMBERS, MANAGERS, RELATED PARTIES AND ASSOCIATED PERSONNEL (COLLECTIVELY, “RELEASED PARTIES”), TO HOLD THE RELEASED PARTIES HARMLESS FROM ANY AND ALL LIABILITY ARISING AS A CONSEQUENCE OF YOUR OR YOUR MY CHILD’S PARTICIPATION IN ANY AH HAA CLASS, PROGRAM, EVENT OR ACTIVITY (A “COURSE”), AND OTHERWISE AFFECTS YOUR AND THE PARTICIPANT’S RIGHTS.
In consideration of allowing me and the Participants, if any, identified below to participate in Ah Haa Courses, I represent and agree to the following:
1. I am over the age of 18. I am the legal guardian, parent or authorized representative the individuals (each, a “Participant”) who I may register to take a Course:
2. Waiver and Release of Claims:
a. I understand and acknowledge that there are risks associated with any Ah Haa Course. These risks include the risk of harm resulting from the use of tools or equipment, including, but not limited to, drills, presses, pottery wheels, stove tops, and other hot surfaces or heated equipment, and sharp cutting tools, the effects of physical activity at high altitudes, exposure to extreme weather conditions, exposure to substances, fumes, dust, silica dust or other ingredients in ceramics and other art supplies, the acts or omissions of Ah Haa personnel in any degree (including negligence), the acts of other persons and/or participants, conditions of roads, sidewalks or trails, the unavailability or inaccessibility of prompt first-aid, emergency treatment or the inadequacy of such aid or treatment, consumption of food or drink, and other risks both known and unanticipated, any of which could result in injury, death, illness, disease, or damage to myself the Participant, or to my or the Participant’s personal property. ON BEHALF OF MYSELF AND THE PARTICIPANTS, I HEREBY ASSUME ALL SUCH RISKS.
b. I understand that I and each Participant has a duty to exercise reasonable care for their own safety.
c. The Released Parties have made no representation to me implied or otherwise that they can or will be able to provide aid or treatment if I or a Participant is injured, has a medical emergency or otherwise needs treatment during any Ah Haa Course.
d. I agree that neither I nor a Participant will be under the influence of any chemical substance, including alcohol, at any time during any Ah Haa Course.
e. IT IS MY INTENTION BY THIS INSTRUMENT TO GIVE UP MY RIGHT (FOR MYSELF AND ON BEHALF OF A PARTICIPANT) TO SUE ANY OF THE RELEASED PARTIES, AND IT IS ALSO MY INTENTION TO RELEASE ALL RELEASED PARTIES ,AND TO HOLD THE RELEASED PARTIES HARMLESS FROM ANY AND ALL LIABILITY, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR GROSS NEGLIGENCE, AND I ASSUME ALL RISKS IN CONNECTION WITH MY OR A PARTICIPANT’S PARTICIPATION IN ANY AH HAA COURSE. I AGREE NOT TO ASSERT (ON MY OWN BEHALF OR ON BEHALF OF A PARTICIPANT) ANY CLAIM OR COMMENCE ANY LITIGATION, ARBITRATION, OR OTHER LEGAL PROCEEDING OF ANY NATURE AGAINST THE RELEASED PARTIES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER ALLEGED DAMAGES IN CONNECTION WITH ANY AH HAA COURSE.
3. Ah Haa’s Use of Images, Quotes, and Likeness.
a. I agree that Ah Haa may use, for publicity purposes or in educational materials copies of all works created by me or the Participant during any Ah HAA Course.
b. I authorize Ah Haa and their personnel or agents to take photos or other images, written or spoken statements (including quotations from conversations and correspondence), motion pictures and/ or videos or other recordings, of or including me or the Participant, without compensation, and to use such materials, including for sale, reproduction or display on the worldwide web and social media (e.g., websites, Instagram, Facebook, YouTube) and in catalogs or any other promotional, educational or other materials, which shall be the sole property of Ah Haa.
4. Course Cancellation. Ah Haa and its instructors reserve the right to cancel a scheduled Course due to minimal enrollment, instructor illness, or other factors beyond Ah Haa’s control. Every effort will be made to enroll additional students and avoid cancellation. However, if a class is cancelled Ah Haa will return the full tuition/fee. If I cancel 14 or more days before the scheduled start date for the Course, the tuition/fee will be returned less $25 for processing. However, no refund will be given if I cancel less than 14 days before the scheduled start date.
5. Lost, Stolen or Damages Property. Ah Haa are not responsible for lost, stolen or damaged personal belongings. I may be held responsible for damage to or loss of Ah Haa property or equipment cause by me or the Participant.
6. Equal Opportunity. Ah Haa provide equal opportunities to all, and does not discriminate on the basis of race, color, gender, gender identity, religion, national or ethnic origin, sexual orientation, age, disability, or any other status protected by law. However, I understand and acknowledge that Ah Haa reserve the right to refuse admission to any Course in appropriate cases, including, but not limited to, cases where health or medical conditions may preclude participation or put others at risk.
7. Disputes and Governing Law. This agreement shall be in all respects interpreted, enforced and governed by and under the laws of the State of Colorado. Without in any way modifying or limiting the Waiver and Release of Claims in paragraph 2 of this Agreement, any dispute arising out of or relating to this Agreement (a “Dispute”) that has not been released, such as a claim for tuition refund, shall be resolved exclusively in Colorado state court located in San Miguel County, Colorado, and I hereby consent to venue in that court. I, ON BEHALF OF MYSELF AND EACH PARTICIPANT, AND AH HAA ON BEHALF OF THEMSELVES AND THE RELEASED PARTIES, WAIVE THE RIGHT TO A JURY TRIAL OF ANY DISPUTE. Before filing any lawsuit involving a Dispute, the parties shall attempt to resolve the Dispute through discussions and, if discussions fail, through mediation using a mutually agreed mediator.
By signing, I acknowledge that I have carefully read this Agreement in its entirety, fully understand its contents, and agree to the terms and conditions herein on behalf of myself, and each Participant, and my and their heirs, successors, assigns and representatives. I have read this Agreement, am aware that it is a release of liability and a contract between the Released Parties and myself. I sign it of my own free will and agree to be bound by it, from the date of my signature, forever into the future.