terms & conditions.
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 drop-in classes, open studio private sessions, 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. 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.
I/WE understand that MAL shall not be responsible for and shall not administer any medications to the Participant.
ALLERGIES AND SENSITIVITIES:
*Allergies: 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. Commonly used food ingredients are flour, cornstarch, rice, salt, vinegar, baking soda, salt. 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.
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.
COVID-19 SAFETY ACKNOWLEDGEMENT
The collective effort and sacrifice of San Francisco residents staying at home limited the spread of COVID-19. But community transmission of COVID-19 within San Francisco continues, including transmission by individuals who are infected and contagious, but have no symptoms. Infected persons are contagious 48 hours before developing symptoms (“pre-symptomatic”), and many are contagious without ever developing symptoms (“asymptomatic”). Pre-symptomatic and asymptomatic people are likely unaware that they have COVID-19. The availability of childcare, summer camp, Out of School Time (OST) programs, and TK-12 schools is an important step in the resumption of activities. However, the decision by the Health Officer to allow childcare, summer camp, OST programs, and TK-12 schools at facilities that follow required safety rules, does not mean that attending childcare, summer camp, OST programs, and/or TK-12 schools is free of risk. Enrolling a child in childcare, summer camp, OST programs, and/or TK-12 schools could increase the risk of the child becoming infected with COVID-19. While the majority of children that become infected do well, there is still much more to learn about coronavirus in children, including from recent reports of Multisystem Inflammatory Syndrome in Children (MIS-C). Each parent or guardian must determine for themselves if they are willing to take the risk of enrolling their child in childcare, summer camp, OST programs, and TK- 12 schools, including whether they need to take additional precautions to protect the health of their child and others in the household. They should particularly consider the risks to household members who have a higher risk of severe COVID- 19 illness. Parents and guardians may want to discuss these risks and their concerns with their pediatrician or other health care provider. More information about COVID-19 and MIS-C, is available on the Centers for Disease Control and Prevention website at https://www.cdc.gov/coronavirus/2019-ncov/. See sfcdcp.org/covid19hcp for a list of groups at higher risk for severe COVID-19 I understand the risks associated with enrolling my child in childcare, summer camp, OST programs, and/or TK-12 schools, and agree to assume the risks to my child and my household. I also agree to follow all safety requirements that the childcare, summer camp, OST programs, and/or TK-12 schools imposes as a condition of enrolling my child.
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, Participant Conduct, And Cancellation Policy, COVID-19 Safety Acknowledgment and all other sections of this document (collectively the “Agreement”) in its entirety. I/We understand and agree that by signing below 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 signing below. I/WE understand and agree that if I/WE do not sign this form, the Participant shall not be allowed to enroll, register, or participate in any class, camp, or event in or through Messy Art Lab.