Lumberyard Arts Center Terms & Conditions Agreement:
Full payment is due prior to the start of the class. Requests for refunds up to 7 days prior to the start of class will be refunded at 80% of the total fee. No refunds will be given within 7 days of the class date. Full refunds will only be given in the event a class is cancelled by the Lumberyard Arts Center. Inclement weather classes cancelled due to weather will be rescheduled.
Photo Release:
I grant to the Lumberyard Arts Center and its representatives permission to take photographs of me, my minor children, and my property. I authorize the Lumberyard Arts Center, its assigns and
transferees to copyright, use and publish said photographs in print or electronically for promotional purposes, including online publications and social media.
Release of Liability:
In consideration for myself and my minor children being permitted by the Lumberyard Arts Center to participate in activities described in the schedule, I hereby waive, release, and discharge any and all claims and damages for personal injury, death, or property damage which I or my minor children may sustain or which may occur as a result of my or my minor children's participation in these activities. I understand and agree that: 1. This release is intended to discharge in advance the employees and agents from and against any and all liability, except for their sole negligence or intentional acts, connected in any way with the participation of myself or my minor children in activities; 2. The described activity may be of a hazardous, strenuous, and/or physical nature; 3. Participation in the described activity may occasionally result in injury or property damage; 4. Knowing the risk involved, nevertheless I voluntarily request permission for myself or minor child to participate in the described activity; 5. I hereby assume any and all
risks of injury, death, or property damage, and to release and hold harmless the Lumberyard Arts Center, its officers, employees and agents, except for their sole negligence or intentional acts; 6. This waiver, release and assumption of risk is to be binding on the heirs and assigns; 7. I will
indemnify and hold the Lumberyard Arts Center harmless from any loss, liability, damage, cost or expense, including litigation, which they may incur as a result of any injury and/or property damage which myself or my minor children may sustain while participating in said activities; 8. I will make good any loss or damage or cost the Lumberyard Arts Center may have to pay if any litigation arises on account of any claim made by said minors or by anyone on said minor’s behalf; 9. In the event that said minor requires medical or surgical treatment while under the supervision of said Lumberyard Arts Center personnel in connection with the described activity, such supervisor may authorize treatment; 10. I will pay all medical, hospital, or other expenses which I or my minor children may incur as a result of such treatment; 11. Activities are not child care as defined by the State of Kansas. I certify that I have custody or am the legal guardian of said minors by court order, and that I and my minor children are physically able to participate in the described activities. I have carefully read the Waiver of Liability, Medical Release, and
Indemnification Agreement and fully understand its contents.
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WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19 ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT In consideration of being allowed to participate on behalf of Lumberyard Arts Center and related events and activities, the undersigned acknowledges, appreciates, and agrees that:
1. Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
3. I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,
4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Lumberyard Arts Center, their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
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I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF REGISTRATION)
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This is to certify that I, as parent/guardian, with legal responsibility for this participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against communicable diseases. Furthermore, my child/ward understands and accepts these risks and responsibilities. I for myself, my spouse, and child/ward do consent and agree to his/her release provided above for all the Releasees and myself, my spouse, and child/ward do release and agree to indemnify and hold harmless the Releasees for any and all liabilities incident to my minor child’s/ward’s presence or participation in these activities as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent provided by law.