MIXMATCHED CREATIONS
GENERAL CRAFTING CLASS RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS, AND INDEMNIFICATION AGREEMENT
PLEASE READ CAREFULLY. THIS IS A LEGALLY BINDING DOCUMENT.
By signing this Agreement, the undersigned participant ("Participant"), and if applicable, the parent or legal guardian of a minor participant, acknowledges, understands, and agrees to the following terms and conditions as a condition of participation in any class, workshop, event, demonstration, party, camp, private lesson, open studio session, birthday party, vendor event, or activity conducted, organized, sponsored, hosted, facilitated, or operated by MixMatched Creations.
ACKNOWLEDGMENT OF INHERENT RISKS
Participant understands and acknowledges that participation in arts, crafts, DIY projects, painting, wood-burning, resin projects, crushed glass art, fairy gardens, mosaic projects, seasonal crafts, decorative projects, children's crafts, mixed media projects, and other creative activities involves inherent risks that may result in injury, illness, permanent disability, death, emotional distress, property damage, or other losses.
Such risks include, but are not limited to:
• Burns from hot glue guns, glue, heated tools, heated surfaces, candles, soldering tools, wood-burning tools, heat guns, or other heated materials;
• Cuts, punctures, lacerations, abrasions, splinters, pinching injuries, and wounds caused by scissors, knives, blades, wire, wood, glass, metal, tools, decorative materials, or sharp edges;
• Injuries caused by broken glass, glass bottles, jars, mirrors, crushed glass, ceramics, pottery, stones, shells, natural materials, and decorative items;
• Exposure to paints, stains, dyes, sealers, adhesives, glues, epoxies, resins, finishes, cleaning products, aerosols, chemicals, fumes, dust, smoke, vapors, and other substances;
• Allergic reactions, respiratory reactions, skin irritation, eye irritation, or other physical reactions to materials used during activities;
• Choking hazards associated with small craft materials, beads, embellishments, buttons, stones, decorative pieces, and similar items;
• Slips, trips, falls, collisions, lifting injuries, repetitive motion injuries, and accidents occurring on or around the premises;
• Equipment malfunction, tool failure, electrical hazards, fire hazards, and unforeseen dangers;
• Injuries caused by other participants, spectators, children, guests, volunteers, assistants, or third parties;
• Damage to personal property;
• Risks associated with participation at churches, schools, businesses, private homes, community centers, parks, outdoor venues, rented facilities, and any other location where activities may occur.
Participant understands that these risks may arise from known or unknown causes and may result from environmental conditions, defective equipment, acts of third parties, ordinary negligence, or Participant's own actions or omissions.
VOLUNTARY PARTICIPATION AND ASSUMPTION OF RISK
Participant voluntarily chooses to participate in activities provided by MixMatched Creations.
Participant knowingly and freely assumes all risks, both known and unknown, foreseeable and unforeseeable, associated with participation.
Participant accepts full responsibility for any injury, illness, death, damage, loss, expense, or liability arising from participation.
Participant certifies that they are physically and mentally capable of safely participating and will follow all instructions, warnings, safety rules, and directions provided by instructors or staff.
PARENTAL RESPONSIBILITY AND CHILD SUPERVISION
For any minor participant, the parent or legal guardian acknowledges and agrees that:
• They are solely responsible for supervising their child at all times unless expressly stated otherwise by MixMatched Creations;
• They will ensure their child follows all safety instructions;
• They understand that craft materials may contain small parts, sharp edges, natural materials, glass, wood, adhesives, paints, and other items that may pose risks;
• They assume full responsibility for the conduct, supervision, safety, and well-being of their child;
• They accept all risks on behalf of their child to the fullest extent permitted by law.
TOOL AND MATERIAL SAFETY
Participant agrees to use all tools, equipment, and materials only as instructed.
Participant acknowledges that tools and materials may include hot glue guns, adhesives, paints, glass, wood, wire, natural elements, cutting tools, decorative materials, and other crafting supplies.
Participant assumes all risks associated with the handling, use, misuse, or failure to follow instructions regarding such tools and materials.
MixMatched Creations reserves the right to remove any participant who fails to follow safety instructions.
RELEASE AND WAIVER OF LIABILITY
To the fullest extent permitted by law, Participant, on behalf of themselves and their heirs, beneficiaries, assigns, representatives, executors, administrators, spouse, family members, next of kin, and any person claiming through them, hereby releases, waives, discharges, and covenants not to sue:
MixMatched Creations;
Jess Rothstein;
Any employees, assistants, volunteers, contractors, instructors, representatives, agents, affiliates, successors, and assigns;
Any host venue, church, school, landlord, property owner, tenant, municipality, business, organization, private homeowner, community center, sponsor, partner, vendor, or other entity associated with the event;
(collectively referred to as the "Released Parties")
from any and all claims, demands, causes of action, liabilities, damages, losses, expenses, costs, judgments, attorney fees, or compensation of any kind whatsoever arising out of or relating to participation in any MixMatched Creations activity, including claims arising from the ordinary negligence of the Released Parties.
This release applies to claims involving:
• Personal injury
• Bodily injury
• Emotional distress
• Illness
• Death
• Property damage
• Economic loss
• Medical expenses
• Lost wages
• Any other damages or losses
INDEMNIFICATION AND HOLD HARMLESS
Participant agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, penalties, fines, settlements, judgments, and attorney fees arising from:
• Participant's actions or omissions;
• Participant's violation of instructions or safety rules;
• Injury or damage caused by Participant;
• Claims brought by or on behalf of Participant's minor child;
• Claims brought by third parties arising from Participant's conduct or participation.
MEDICAL AUTHORIZATION
Participant acknowledges that MixMatched Creations does not provide medical care.
Participant authorizes emergency medical treatment if deemed necessary and accepts full financial responsibility for all resulting costs.
Participant acknowledges responsibility for disclosing allergies, respiratory sensitivities, medical conditions, or other concerns that may affect participation.
PERSONAL PROPERTY
Participant assumes full responsibility for all personal property brought to any event.
The Released Parties shall not be responsible for loss, theft, or damage to personal property.
PHOTOGRAPHY, VIDEO, AND MEDIA RELEASE
Unless Participant provides written notice before the event, Participant grants MixMatched Creations permission to photograph, record, and use Participant's image, likeness, voice, artwork, and completed projects for promotional, advertising, educational, website, social media, and marketing purposes without compensation.
NO WARRANTIES
All activities, tools, materials, equipment, facilities, and premises are provided "AS IS" and "WITH ALL FAULTS."
The Released Parties make no warranties, express or implied, regarding safety, suitability, fitness for a particular purpose, or outcomes of participation.
GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement shall be governed by the laws of the state in which the event occurs.
Any dispute arising from participation or this Agreement shall be brought exclusively in a court of competent jurisdiction located in the county where the event occurred, unless otherwise required by law.
Participant waives any objection to venue or jurisdiction in such courts.
SEVERABILITY
If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
ACKNOWLEDGMENT OF UNDERSTANDING
BY SIGNING BELOW, I ACKNOWLEDGE THAT:
• I HAVE CAREFULLY READ THIS ENTIRE AGREEMENT;
• I FULLY UNDERSTAND ITS CONTENTS;
• I UNDERSTAND THAT I AM GIVING UP CERTAIN LEGAL RIGHTS;
• I AM PARTICIPATING VOLUNTARILY;
• I AGREE TO BE LEGALLY BOUND BY ITS TERMS;
• I INTEND THIS AGREEMENT TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY APPLICABLE LAW.