Please complete this form and submit it when you pay your non-refundable deposit. 

LIABILITY WAIVER 

ART TOUR PARTICIPATION WAIVER AND RELEASE OF LIABILITY

Tour Name: Tortola Pottery Retreat (10 Days) 

Organizer: FUSION: The Ontario Clay and Glass Association and The Pottery Garden, BVI.

Tour Dates: February 9-19, 2027

1. Acknowledgment of Risk

I understand that participation in this art tour involves travel and activities that carry inherent risks, including but not limited to:

•           International travel (including flights, transfers, and local transportation)

•           Studio visits, hands-on workshops, and handling of art materials and tools

•           Exposure to working studios and equipment, including kilns that may be in operation

•           Walking tours, uneven terrain, and outdoor environments

•           Weather-related risks and unforeseen events 

•           Illness, injury, or accidents

I voluntarily accept all such risks, whether known or unknown, and agree that I am participating at my own risk.

2. Health and Fitness

I confirm that I am physically and mentally capable of participating in this tour. I agree to inform the organizer of any medical conditions, allergies, dietary restrictions, or physical limitations that may affect my participation prior to the commencement of the tour. I acknowledge that the organizer is not responsible for assessing my fitness to participate.

3. Accommodation and Meals

I acknowledge and agree that accommodation (including hotel or other lodging) and meals during the tour are my sole responsibility. The organizer does not arrange, book, guarantee, or assume liability for any accommodation or meals. I am solely responsible for all associated costs. The organizer is not liable for any issues arising from accommodation or dining arrangements I make independently.

4. Responsibility for Personal Property

I understand that I am responsible for my own belongings, including artwork, materials, luggage, and personal items at all times during the tour. The organizer is not responsible for any loss, theft, or damage to personal property, howsoever caused.

5. Third-Party Services

I acknowledge that the tour involves third-party providers, including but not limited to airlines, accommodation providers, local guides, and pottery studios. The organizer is not liable for the acts, errors, omissions, negligence, or default of these third parties, nor for any resulting loss, injury, or damage to me.

6. Release of Liability

To the fullest extent permitted by applicable law, I hereby release and hold harmless FUSION: The Ontario Clay and Glass Association, its directors, officers, employees, agents, volunteers, and representatives (collectively, the "Released Parties") from any and all claims, demands, actions, liability, damages, costs, or expenses of any nature arising from or related to my participation in the tour, including but not limited to personal injury, illness, death, loss, or property damage, whether caused by the negligence of the Released Parties or otherwise.

I understand that this release is intended to be as broad and inclusive as is permitted by applicable law. 

7. Emergency Medical Treatment

I authorize the organizer and its representatives to seek emergency medical treatment on my behalf if I am incapacitated and unable to do so myself. I understand and agree that I am solely responsible for all costs associated with any such medical treatment, evacuation, or repatriation. 

8. Travel Insurance

I acknowledge that the organizer strongly recommends, and, for the avoidance of doubt, considers it the participant's responsibility to obtain, comprehensive travel insurance prior to departure. Such insurance should include, at minimum, coverage for: medical emergencies and evacuation, trip cancellation and interruption, loss or delay of baggage, and personal liability. I understand that the organizer will not be responsible for any costs that would have been covered by adequate travel insurance. I confirm that I have either obtained adequate travel insurance or have knowingly elected to travel without it at my own risk.

9. Kiln and Studio Safety

I acknowledge that participation in workshops and studio visits may involve the use of or interaction with specialized equipment and materials, including kilns that may be hot, in operation, or recently fired, as well as sharp tools and chemical materials. I agree to:

•           Follow all safety instructions provided by instructors, studio hosts, and the organizer at all times;

•           Exercise reasonable caution in all studio environments; and

•           Immediately report any safety concerns to the organizer or studio host.

I understand that failure to comply with safety guidelines may result in my removal from the relevant activity or from the tour as a whole, for the safety of all participants. No refund, reimbursement or other compensation will be issued in such circumstances.

10. Photography and Media

I grant permission to FUSION: The Ontario Clay and Glass Association to use photographs, videos, or other media in which I appear, taken during the tour, for promotional, educational, or organizational purposes, including on its website and social media channels. If I do not wish to grant this permission, I must notify the organizer in writing before the tour departs. I waive any right to compensation or approval in connection with such use.

11. Code of Conduct

I agree to behave respectfully and courteously toward fellow participants, studio hosts, local guides, and members of the communities we visit. I agree to comply with all local laws and customs of the locations visited. The organizer reserves the right, in its sole discretion, to remove from the tour any participant whose behaviour is deemed disruptive, unsafe, offensive, or illegal. No refund, reimbursement or other compensation will be issued in such circumstances.

12. Cancellation

Participant Cancellation: If I choose to cancel my participation in the tour, I understand that any refund of tour fees (if applicable) will be subject to the organizer's cancellation policy, as communicated to me separately. I acknowledge that third-party costs (such as flights or accommodation booked independently) are not the responsibility of the organizer.

Organizer Cancellation or Modification: I acknowledge that the organizer reserves the right to cancel, postpone, or modify the tour in whole or in part due to circumstances beyond its reasonable control, including but not limited to natural disasters, government advisories, health emergencies, or insufficient enrollment. In such circumstances, the organizer's liability shall be limited to a refund of any tour fees paid directly to the organizer, and the organizer shall have no further obligation or liability to me.

13. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. 

 

WAIVER DEVISED BY CARL DEVUONO AT MACMILLAN LLP