As consideration for the undersigned, on his/her own behalf, and/or on the behalf of the minor participant, if any, identified below (the “Participant”), being allowed to participate in any Sew Happy Sewing, Inc. (“Sew Happy”) class, lesson, camp, party, program and/or event (the “Activity” or “Activities”, as applicable), and/or enter any Sew Happy facilities (the “Location”), I acknowledge, accept and agree to the following:
1. I am at least 18 years old and am legally competent to understand and complete this Agreement. I hereby execute this Agreement without coercion. I represent that I am the parent or legal guardian of any Participant and that any Participant and I are of physical ability to participate in the Activity and be present at the Location.
2. I recognize and understand that there are known and unknown risks (which include, but are not limited to: cuts, punctures, burns, scrapes, cuts, bumps, permanent disability or death) associated with being present at the Location, participation in any Activities, and the use of any of the following in connection with any Activity: sewing machine equipment, scissors, needles, hot glue gun, an iron and any and all other Sew Happy equipment or supplies used in connection with such Activity (collectively, the “Equipment”).
3. I willingly assume and accept any risks set forth in paragraph 2 above associated with my, or the Participant’s, being present at the Location, participation in any Activity, or use of the Equipment, and I also willingly assume and accept that there are also risks that may arise due to the presence and actions of other participants.
4. I certify that I have adequate insurance to cover any costs and expenses associated with, or arising out of, any injury, sickness, illness, or damages that I or the Participant may cause or suffer while present at the Location, while participating in any Activities, or while using any Equipment, and if not, that I shall bear all such costs and expenses associated with, or arising out of, any such injury, sickness, illness, or damages to myself, the Participant, or others caused by myself or the Participant.
5. I agree that the Participant and I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions from Sew Happy staff as a condition for our presence at the Location and participation in any Activities.
6. To the fullest extent permitted by law, I, for myself, the Participant, and our respective heirs, assigns, representatives, family members, estates, and next of kin, hereby waive, release, hold harmless, and indemnify Sew Happy, the lessor(s) of the Location, and each of their respective predecessors, successors, parents, subsidiaries, affiliates, officers, directors, and employees (collectively, the “Released Parties”), from and against: (i) any and all actual or alleged claims or actions (each a “Claim”) arising from or related to any injuries, disabilities, death, losses, liabilities, or damages to person or property incident or related to my and/or the Participant’s presence at the Location or involvement or participation in any Activities (each a “Loss”) and (ii) any and all defense costs or expenses (the “Costs”) arising from or related to Claim and/or Loss, and in the case of either (i) or (ii), except for those Claims, Losses or Costs arising from the gross negligence or willful misconduct of the Released Parties.
