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SPARKS FLORIST, INC.

Classes and Events

Updated January 24, 2018

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT

WARNING: THIS DOCUMENT RELEASES AND WAIVES CERTAIN IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU SHOULD READ THIS DOCUMENT THOROUGHLY AND YOUR SIGNATURE (AS DENOTED BY YOUR COMPLETED REGISTRATION FOR A CLASS OR EVENT [ELECTRONIC OR IN-PERSON]) REPRESENTS THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT.

ALL PARTICIPANTS FOR DESIGN & WINE CLASSES MUST BE 21 OR OLDER

Intending to be legally bound, I hereby certify that:

  1. I am submitting this release, waiver of liability, and assumption of risk declaration voluntarily and of my own free will.

  2. I have no physical or emotional problems, nor any history thereof, which will impair my ability to participate in this event in a safe manner.

  3. I am 21 years of age or older (to legally consume alcohol during a Design & Wine Classes).

DISCLAIMER CLAUSE

Sparks Florist, Inc. and its instructors, agents, and employees of this event are not responsible for any injury, loss, or damage of any kind sustained by any person while participating in a class or event, including injury, loss, or damage which might be caused by the action, inaction, or negligence of others. I hereby for myself, my heirs, executors, administrators, or anyone else who might claim in my behalf, covenant not to sue, and waive, release, and discharge Sparks Florist, Inc. and its instructors, agents, and employees of any and all claims of liability for death, personal injury, or property damage of any kind or nature whatsoever arising out of, or in the course of my participation in this event. This Release and Waiver extends to all claims of every kind or nature whatsoever, foreseen or unforeseen, known or unknown.


ASSUMPTION OF RISKS

In consideration of my participation in a class or event, I acknowledge that I am aware of the possible risks, dangers, and hazards associated with my participation in a class or event (including the risk of severe or fatal injury to myself or others). These risks include but are not limited to the following:

  • a)  intoxication and/or alcohol poisoning from the alcohol I consume whether voluntarily or through coercion;

  • b)  the possibility of bodily injury of any kind, including dental damages, from (1) falling down, (2) using sharp objects during the class, (3) being knocked down or being involved in a physical confrontation whether caused by myself or someone else;

  • c)  the risks associated with returning to my residence after participating in the event, whether travelling by foot or in any kind of commercial, private, and/or public motor vehicle.

INDEMNIFICATION AND RELEASE OF LIABILITY


In return for my voluntary participation in a class or event and related activities, I agree:

  1. TO ASSUME AND ACCEPT ALL RISKS arising out of, associated with or related to my participating in a class or event that may arise out of use of art materials, tools or equipment at Sparks Florist, Inc., even though such risks may have been caused by the action(s), inaction, or negligence of others;

  2. TO BE SOLELY RESPONSIBLE FOR ANY INJURY, SOCIAL AND ECONOMIC LOSS, COST OR DAMAGE which I might sustain while participating in a class or event, even though such injury, loss, or damage may have been caused by the action(s), inaction, or negligence of others;

  3. TO HOLD HARMLESS AND INDEMNIFY SPARKS FLORIST, INC., and its instructors, agents, and employees:

a) from any and all liability for any damage to the personal property of, or personal injury to, any third party resulting from my participation in a class or event and all related activities; and

b) from any and all claims, demands, actions, losses, and costs which might arise out of my participating in a class or event, even though such claims, demands, actions, losses, and costs may have been caused by the action(s), inaction, or negligence of others.

C)  from any claims of negligence in connection with my educational experience, including but not limited to instruction on floral design/working techniques, and maintenance or care of tools, equipment, and supplies.

  1. TO ABIDE BY AND FOLLOW INSTRUCTIONS AND RULES established by Sparks Florist, Inc. and its instructors, agents, and employees, with regard to safety operations in using working tools or other artistic equipment. This includes slippery surfaces from water spilled from flower buckets, etc.

  2. TO UNDERSTAND THAT SPARKS FLORIST, INC. MAY TAKE PHOTOGRAPHS during class and also will take a group photo of participants and their floral designs at the end of class, and that these photos may be used for marketing and public relations purposes for the Sparks Florist, Inc., in various settings including but not limited to: Facebook, Instagram, Sparks Florist, Inc.’s  home page on the Internet, fliers, posters, and other promotional materials. I understand that if I wish to be exempt from this, I need to speak with a member of Sparks Florist staff in advance of the class or event and make my wishes known in writing.

  3. TO UNDERSTAND THAT WHEN I PROVIDE MY EMAIL ADDRESS at registration, I may be added to the email list for periodic emails from Sparks Florist, Inc., but that I will have the option to unsubscribe at the bottom of the emails.

  4. BY REGISTERING FOR A CLASS OR EVENT, I consent to having the information in this document collected by Sparks Florist, Inc. Certain personal information may be made available to federal and provincial government departments and agencies under appropriate legislative authority. Personal information is protected and will be treated as confidential.



ACKNOWLEDGEMENT

I acknowledge that I have read this agreement, that I have executed this agreement voluntarily and without any inducement or assurance of any nature, that I intend it be a complete and unconditional release of all liability to the greatest extent allowed by law, that I understand that I have given up substantial rights by registering for a class or event, and that this agreement is to be binding upon myself, my heirs, executors, administrators and representatives, in the event of my death or incapacity.