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 is conditioned upon your acceptance, agreement, and compliance to all terms and conditions contained herein.
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 Messy Art Lab participant(s) listed on this registration and enrollment form (herein referred to as the “Participant”), a minor child, grant 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”) the following permissions and agree to all the terms and conditions herein. Ages of MAL Participants range from twelve months old to thirteen years old.
I/WE voluntarily request for the Participant to take part in any and all activities offered, sponsored, conducted, or organized by MAL, including but not limited to Wee Messy Art classes, Messy Art classes, Spanish Wee Messy Art classes, Spanish Messy Art classes, pre-enrolled classes, drop-in classes, and any and all art classes, camps, events, performances, summer camp, winter camp, spring break camp, week long camps of any kind, one day camps of any kind, private lessons, group lessons, Pop-Up Parties, In-House Parties, and birthday parties of any kind (herein collectively referred to as the “Activities”). I/WE understand that some Activities may include participation in various types of physical activity. I/WE understand that Activities will include the use of various art materials, tools, supplies, and ingredients. I/WE further understand that some Activities may be conducted off-site, such as trips to parks, playgrounds, and other areas in the surrounding neighborhood. I/WE consent to MAL taking the Participant off-site and I/WE consent to the Participant’s taking part in all of these off-site Activities.
MAL Activities may carry with them certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. I/WE consent to the Participant’s taking part in all the Activities and acknowledge that I/WE fully understand that the Participant’s taking part may involve risk of serious injury or death, and may include losses which may result not only from the Participant’s own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, the negligence of MAL, the condition of the facilities, equipment or areas where the class, event, or activity is being conducted, and/or the rules of this type of class, event, or activity. In consideration for the Participant’s taking part in Messy Art Lab, I/WE voluntarily agree to assume the full risk of any injuries, damages, or loss, regardless of severity, that the Participant may sustain as a result of taking part in any and all activities connected with or associated with MAL including, but not limited to, any and all types of injuries, damages, and loss arising out of any negligence. I/WE further agree to waive, relinquish, fully release, and forever discharge any and all claims for injuries damages or loss which may accrue to me/us/Participant arising out of, in connection with or in any way associated with MAL that I/WE or Participant may have or that may accrue against Messy Art Lab, including as against its respective officials, directors, agents, staff, teachers, employees, assistants, interns, contract employees, and volunteers.
I/WE understand that if I/WE have any risk concerns, I/WE should discuss the risks associated with the Participant’s taking part in the Activities with Messy Art Lab before I/WE sign this document and before the Activities begin.
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, sell, reuse, publish, and republish photographic portraits, pictures, video, and audio recordings of the Participant, or in which the Participant may be included, (collectively the “Media”) in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, in conjunction with the Participant’s own or a fictitious name, or reproductions of such photographs in color or otherwise, made through any medium, and in any and all media now or hereafter known, including the internet, for art, advertising, trade, promotional use, or any other purpose whatsoever. I/WE also consent to the use of any published matter in conjunction with such Media. 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 waive any right that I/WE or the Participant may have to inspect or approve any finished product or products or the advertising copy or printed matter that may be used in connection with such Media or the use to which it may be applied. I/WE release, discharge, and agree to hold harmless and defend Messy Art Lab, its legal representatives or assigns, and all persons acting under Messy Art Lab’s permission or authority or those for whom Messy Art Lab is acting, from any liability by virtue of any reason in connection with the making and use of such Media, including blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said Media or in any subsequent processing thereof, as well as any publication of them, including without limitation any claims for libel or violation of any right of publicity or privacy.
INTELLECTUAL PROPERTY OWNERSHIP/ASSIGNMENT/LICENSE:
Messy Art Lab shall solely own all copyrightable works. The Activities in Messy Art Lab involves but is not limited to the creation of original artworks and other intellectual property including the aforementioned Media. All original artworks, Media, and any and all other copyrightable works are authored solely by Messy Art Lab. Though the Participant, a minor child, may participate in creating art, I/WE agree that any and all copyrightable work created in any and all Messy Art Lab classes, camps, events, and performances, and all right, title, and interest to any such work, is and shall be solely owned by Messy Art Lab. To the extent the Participant makes any copyrightable contribution to any such work, I/WE will and hereby do irrevocably assign any rights I/WE or the Participant may have in the same to Messy Art Lab.
MAL 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.
Our policy applies to all refunds, transfers, and cancellations regardless of original sign-up date.
POLICY FOR Drop-in classes, Classes, One Day Camps, or Events: Enrollment in these camps/classes/events are non-refundable and non-transferable.
POLICY FOR Eight (8) Pack Classes and Ten (10) Pack Classes: All enrollment fees include a non-refundable deposit $50.00. 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 cancelled prior to two (2) weeks of the session’s start date, a refund of the enrollment fee, minus the $50.00 non-refundable deposit will be issued.
If you wish to transfer your Participant’s session/class to another session/class, approval by the MAL of such transfer will be determined on a case-by-case basis and per availability. MAL cannot guarantee a transfer is possible.
POLICY FOR Pop-Up Parties, In-House Parties, Birthday parties, and parties of any kind: All party reservations require a $100.00 deposit, and full payment is required fourteen (14) days prior to the event. If you cancel more than fourteen days prior to the scheduled event, your deposit will be refunded. A cancellation that takes place within 14 to 7 days before the event, 50% of money paid will be refunded. A cancellation after that time, will be subject to a 50% cancellation fee, and the other remainder will be a issued as a Messy Art Lab credit valid for three months from the date of the originally scheduled event.
POLICY FOR Summer Camp, Winter Camp, Spring Break Camp, and any and all week long camps: All week long camp enrollment fees include a $100.00 non-refundable deposit. If the Participant’s enrollment is cancelled prior to two (2) weeks of the camp in question’s start date, a refund of the enrollment fee, minus the $100.00 non-refundable deposit, will be issued. If the Participant’s enrollment is cancelled within two (2) weeks of the start date of the camp in question, no refund will be issued.
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 the $100.00 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.
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.
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.
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.
This Agreement shall inure 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 this 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 checking the box below 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 and the Participant to this Agreement but also my/our successors, heirs, representatives, administrators, and assigns, is evidenced by my/our checking the below box. I/WE understand and agree that if I/WE do not check the below box, the Participant shall not be allowed to enroll, register, or participate in any class, camp, or event in or through Messy Art Lab.