Liability Waiver Form
Release of Liability
Please Read Carefully - This Affects Your Legal Rights
In exchange for participation in the Sip & Pour Candle Making Class organized by Stevi Ann Designs, LLC, and/or use of the property, facilities, and services of Stevi Ann Designs, I, (the “Participant”) agree to the following:
Agreement to Follow Directions. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Stevi Ann Designs, LLC, or the employees, representatives, or agents of Stevi Ann Designs, LLC.
Assumption of the Risks and Release. I recognize that there are certain inherent risks associated with the above-described activity and I assume full responsibility for personal injury to myself, and further release and discharge Stevi Ann Designs, LLC for injury, loss, or damage arising out of my use or presence upon the facilities of Stevi Ann Designs, whether caused by the fault of myself, Stevi Ann Designs, LLC or other third parties.
Fitness to Participate. I acknowledge that I do not have any physical limitations, medical ailments, physical or mental disabilities that would limit or prevent me from participating in the above mentioned activity.
Indemnification. I agree to indemnify and defend Stevi Ann Designs, LLC against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my use of or presence upon the facilities of Stevi Ann Designs, LLC.
Fees. I agree to pay for all damages to the facilities of Stevi Ann Designs, LLC caused by any negligent, reckless, or willful actions by me.
Photo Use Release. I hereby grant and authorize Stevi Ann Designs, LLC the right to take, edit, alter, copy, exhibit, publish, distribute and make use of any and all pictures or videos taken of me by Stevi Ann Designs, LLC to be used in and/or for legally promotional materials including, but not limited to, newsletters, flyers, posters, brochures, advertisements, fundraising letters, annual reports, press kits and submissions to journalists, websites, social networking sites and other digital communications, without payment or any other consideration. This authorization extends to all languages, media, formats and markets now known or hereafter devised. This authorization shall continue indefinitely, unless I otherwise revote said authorization in writing. I understand and agree that these materials shall become the property of Stevi Ann Designs, LLC and will not be returned. I hereby hold harmless, and release Stevi Ann Designs, LLC from all liability, petitions, and causes of action which I, my heirs, representative, executors, administrators, or any other persons may make while acting on my behalf or on behalf of my estate. I warrant that I am of the age of consent (18 years or older) and that I am competent to contract in my own name. I have read this release before signing below and I fully understand the contents, meaning and impact of this release.
Applicable Law. Any legal or equitable claim that may arise from participation in the above shall be resolved under Florida law.
No Duress. I agree and acknowledge that I am under no pressure or duress to sign this agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if I so desire. I further agree and acknowledge that Stevi Ann Designs, LLC has offered to refund any fees I have paid to use its facilities if I choose not to sign this agreement.
Arm’s Length Agreement. This agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this agreement or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which could lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
Enforceability. The invalidity or un-enforceability of any provision of this agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this agreement or of any other applications of such provision, as the case may be. Such invalid or unenforceable provision shall be deemed not to be a part of this agreement.
Dispute Resolution. The parties will attempt to resolve any dispute arising out of or relating to this agreement through friendly negotiations among the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure: Any controversies or disputes arising out of or relating to this agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
Governing Law. This agreement will be construed in accordance with and governed by the laws of the States of Florida.
Being of lawful age and in consideration of being permitted to participate in the Sip & Pour Candle Making Class, the Participant releases and forever discharges the Activity Provider, the Activity Provider’s spouse, heirs, executors, administrators, legal representatives and assigns from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims and demands for or by reason of any injury to person or property, including injury resulting in the death of the Participant, which has been or may be sustained as a consequence of the Participant’s participation in the activity described above, and not withstanding that such damage, loss or injury may have been caused solely or partly by the negligence of the Activity Provider.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.