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MESSY ART LAB REGISTRATION FORM CONSENT TO PARTICIPATE AND WAIVER AND RELEASE OF LIABILITY, AUTHORIZATION FOR MEDICAL TREATMENT, RIGHT OF PUBLICITY RELEASE, INTELLECTUAL PROPERTY OWNERSHIP/ASSIGNMENT/LICENSE, PARTICIPANT CONDUCT, AND CANCELLATION POLICY (collectively the “Agreement”) Please read this Agreement carefully. Registration, enrollment, and participation in Messy Art Lab are conditioned upon your acceptance, agreement, and compliance to all terms and conditions contained here. 

 

CONSENT TO PARTICIPATE AND WAIVER AND RELEASE OF LIABILITY AGREEMENT:

By submitting the enrollment form herein, I/WE, the parent(s) or guardian(s) of the participant(s) listed on this registration and enrollment form (hereafter referred to as the “Participant”), a minor child, hereby grant Messy Art Lab (MAL), including its officials, directors, agents, staff, teachers, employees, assistants, interns, contract employees, and volunteers, the permissions outlined herein and agree to all terms and conditions stated.

Participants in MAL activities may range in age from twelve months to thirteen years. I/WE voluntarily request the Participant's engagement in all MAL offerings, which include but are not limited to art classes, camps, events, performances, and lessons, both private and group (collectively referred to as the “Activities”). These Activities may involve physical activity and the use of various art materials, tools, and supplies, each carrying inherent risks that cannot be entirely eliminated.

I/WE acknowledge the potential for serious injury, death, or loss resulting from the Participant’s actions, inactions, or negligence, as well as those of others, the condition of the facilities or equipment, or the nature of the Activities themselves. In consideration of participation in MAL, I/WE voluntarily assume all risks of injury, damage, or loss, regardless of severity, that may arise from involvement in any MAL Activities, including those due to negligence.

I/WE also recognize the risk of infectious diseases, such as MRSA, Influenza, and COVID-19, acknowledging that while certain precautions may mitigate these risks, the threat of serious illness and death remains. I/WE willingly assume all related risks, known and unknown, even those stemming from negligence.

I/WE hereby waive, release, and forever discharge any claims for injuries, damages, or loss that may accrue to the Participant, myself/us, arising out of or in connection with MAL Activities, against Messy Art Lab and its personnel.

Should concerns regarding the risks of participation arise, I/WE commit to discussing these with Messy Art Lab prior to signing this document and engaging in the Activities.

 

AUTHORIZATION FOR MEDICAL TREATMENT: 

I/WE certify that the Participant is in good health and has no physical, mental, emotional, or behavioral condition that would prevent participation in the Activities. I acknowledge that it is my responsibility to consult with my or the Participant’s physician with respect to any past or present injury, illness, health problem or any other condition or medication that may affect my or the Participant’s taking part in the Activities. Furthermore, I/WE agree to use the Participant’s personal medical insurance as a primary medical coverage payment if accident or injury occurs. Knowing and understanding the risks involved with participation in the Activities, I/WE hereby voluntarily and willingly assume responsibility for all risks and dangers associated with the Participant’s taking part in the Activities. I/WE agree that I/WE are financially and legally responsible for any and all losses resulting from the Participant’s taking part in the Activities and hereby do indemnify Messy Art Lab, including any and all of its officials, directors, agents, staff, teachers, employees, assistants, interns, contract employees, and volunteers (hereinafter collectively may be referred to as “MAL”), and related parties, or other organizations associated with the Activity, and each of them, for any loss, injury, or damage caused to me/us/Participant during or in connection with the Activities. I/WE hereby authorize MAL to act as my agent(s) to consent to medical care and hospital care that is deemed advisable by, and is rendered under the general or special supervision of, a physician or surgeon. If the Participant has any medical conditions at all, please notify Messy Art Lab in writing immediately. I/WE understand that MAL shall not be responsible for and shall not administer any medications to the Participant. Under limited circumstances that must be approved pre-approved by Messy Art Lab, MAL may with written consent via parent/guardian signature on Messy Art Lab’s Medication Administering Information, Permission, and Waiver form (contact Messy Art Lab to obtain a copy) administer a doctor prescribed EpiPen in an emergency or help Participant administer a doctor prescribed asthma inhaler. 

 

ALLERGIES AND SENSITIVITIES: If the Participant has food or other allergies, or sensitivities (such as to smell) please notify the Directors of Messy Art Lab in writing immediately. The MAL Activities include both commercially purchased and homemade art materials, supplies, and tools. Such materials, supplies, and tools may contain ingredients that can cause an allergic reaction. I/WE understand that I/WE must notify Messy Art Lab prior to Participants taking part in any Activity of any known or suspected allergies or sensitivities. 

 

RIGHT OF PUBLICITY RELEASE: I/WE hereby grant Messy Art Lab, and those acting with Messy Art Lab’s authority and permission, the absolute right and permission to take, use, reuse, publish, and republish photographic portraits, pictures, video, and audio recordings of the Participant, or in which the Participant may be included. I/WE specifically consent to the digital compositing or distortion of the portraits or pictures, including without restriction any changes or alterations as to color, size, shape, perspective, context, foreground, or background. I/WE agree that MAL may use such photographs, videos, and recordings without associating them with the Participant’s name, for any lawful purpose, including but not limited to publicity, illustration, advertising, and Web content.

 

INTELLECTUAL PROPERTY OWNERSHIP/ASSIGNMENT/LICENSE: 

Messy Art Lab shall solely own all copyrightable works. Though the Participant may participate in creating art, MAL maintains the exclusive right to retain ownership of all group projects. Physical artworks created by students individually may be kept by them; however, MAL exclusively holds all intellectual property rights to every piece, whether crafted individually or as part of a group. This policy is enacted to safeguard MAL’s unique teaching methodologies and creative outputs. I/WE agree that any and all copyrightable work created in any and all Messy Art Lab classes, camps, events, and performances, and all rights, title, and interest in any such work, shall be solely owned by Messy Art Lab.

 

PARTICIPANT CONDUCT: 

Messy Art Lab reserves the right, at their discretion, to withdraw any Participant whose influence, behavior, or actions are deemed unsatisfactory, dangerous to, or incompatible with the MAL community. If this occurs, no reduction or return of enrollment fee, or any part thereof, will be made or issued. Using profanity, disparaging dialogues, physical violence, or threats of any kind during participation in MAL is strictly prohibited. MAL rules and instructions must be followed at all times. 

 

CANCELLATION/REFUND/TRANSFER POLICY: 

Our policy applies to all refunds, transfers, and cancellations regardless of the original sign-up date. 

POLICY FOR Summer Camp, Winter Camp, Spring Break Camp, and any and all day or week-long camps: Within 24 hours of your registration, 100% refund is available. All enrollment fees include a non-refundable deposit of 20%. If the Participant’s enrollment is cancelled within two (2) weeks of the session’s start date, there will be no refund issued. If the Participant’s enrollment is canceled prior to two (2) weeks of the session’s start date, a refund of the enrollment fee, minus the 20% non-refundable deposit will be issued. This refund policy holds for instances of illness or family emergencies. Cancellations must be requested in writing via email. The date stamp on the email will serve as the time marker for your request and will establish a potential refund, if any. If you wish to transfer your Participant’s camp week to another week, approval by MAL of such transfer will be determined on a case-by-case basis and per availability. MAL cannot guarantee that a transfer is possible. If a transfer can be made, there is a penalty fee in the amount of a 20% non-refundable deposit if the request to transfer the Participant’s camp week to another week is made within two (2) weeks of the original camp week’s start date. 

 

ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Participant, the Participant’s parent(s) or guardian(s), and Messy Art Lab (collectively referred to herein as the “Parties”), and supersedes all written or oral agreements that may have been made or entered into by the Parties prior to the date hereof. 

 

JURISDICTION AND ENFORCEMENT: This Agreement shall in all respects be interpreted, enforced, and governed by and under the laws of the State of California. The Parties hereby submit to the exclusive jurisdiction of the federal and state courts located in the State of California, County of San Francisco for any actions, suits, or proceedings asserting a breach of this Agreement. 

 

CONSTRUCTION: The Parties desire that this Agreement and these terms be construed fairly, according to their terms, in plain English, without constructive presumptions against the drafting party, and without reference to the paragraph captions, which are for reference only. 

 

SEVERABILITY: If any provision of this Agreement is invalid, illegal, or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement and, without further action by the parties to this Agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable. 

 

EXECUTION OF FURTHER DOCUMENTS: The Parties agree to sign any additional documents as may reasonably be required to effectuate the intent of the Parties as set forth in this Agreement.

 

BINDING: This Agreement shall insure to the benefit of and be binding upon the Parties hereto, their respective successors, assigns, next of kin, heirs, administrators, executors, officers, and agents, as the case may be. If only one parent or guardian signs this Agreement, then such parent or guardian represents and warrants that said parent or guardian has the exclusive authority to act on behalf of the Participant and on behalf of the non-signing parent(s) or guardian(s) and will indemnify and hold Messy Art Lab, including any and all of its officials, directors, agents, staff, teachers, employees, assistants, interns, contract employees, volunteers, successors, licensees, and assigns harmless from any and all damages, liabilities, costs, or expenses of any kind or nature including reasonable attorney’s fees, which may be claimed by the non-signing parent or guardian.

I/WE have read, fully understand, and agree to the Messy Art Lab Registration Form Consent To Participate And Waiver And Release Of Liability, Authorization For Medical Treatment, Right Of Publicity Release, Intellectual Property Ownership/Assignment/License, Participant Conduct, And Cancellation Policy, and all other sections of this document (collectively the “Agreement”) in its entirety. I/We understand and agree that selecting (or 'activating' or 'checking') the acceptance option (or 'checkbox') associated with this Agreement on Care.com will be considered the equivalent of my/our original signature(s) and will legally bind me/us to all the terms and conditions of this Agreement. My/Our intent to bind not only myself/ourselves and the Participant to this Agreement but also my/our successors, heirs, representatives, administrators, and assigns, is evidenced by my/our selection of the acceptance option associated with this Agreement on Care.com.

I/WE understand and agree that if I/WE do not select the acceptance option associated with this Agreement on Care.com, the Participant shall not be allowed to enroll, register, or participate in any class, camp, or event in or through Messy Art Lab.

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