CLASSES AND EVENTS
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT
Updated July 19, 2023
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.
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 of legal age to enter into this agreement or, as a parent or legal guardian, I am entering into this agreement on behalf of my child(ren) who will be attending the event.
Sparks Florist, Inc., its instructors, agents, and employees (hereinafter referred to as “Release Parties”) shall not be 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, for myself, my heirs, executors, administrators, or anyone else who might claim in my behalf, covenant not to sue, and hereby waive, release, and discharge the Released Parties from 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 including but not limited to:
a) 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;
b) Risks associated with participating in creative activities, such as handling art materials and tools.
c) Risks associated with returning home after participating in the event.
I voluntarily assume all such risks on my behalf and on behalf of my child(ren).
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/our participation, even though such risks may have been caused by the action(s), inaction, or negligence of others.
2. To be solely responsible for any personal injury or property damage, social and economic loss, cost or damage that we might sustain while participating, 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 or personal injury to any third party resulting from our participation and related activities.
b) from any and all claims, demands, actions, losses, and costs which might from our participation, 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 our educational experience, including but not limited to instruction on floral design/working techniques, and maintenance or care of tools, equipment, and supplies.
4. To abide by and follow instructions and rules established by Sparks Florist, Inc. and its instructors, agents, and employees, regarding safety operations and the use of working tools or other artistic equipment, including slippery surfaces from water spilled from flower buckets, etc.
5. To understand that Sparks Florist, Inc. May take photographs during the class or event and may take a group photo of participants and their floral designs at the end of class. I acknowledge 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: social media, website, fliers, posters, and other promotional materials. 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.
6. To understand that when I provide my email address at registration, I may receive periodic emails from Sparks Florist, Inc. I will have the option to unsubscribe at the bottom of the emails.
7. 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.
RIGHT TO REMOVE INDIVIDUALS
Sparks Florist, Inc. reserves the right to ask any individual, including both participants and their accompanying children, to leave the class or event if their behavior is disruptive, poses a risk to others, or violates the rules established by Sparks Florist, Inc.
GOVERNING LAW AND JURISDICTION
This agreement shall be governed by and interpreted under the laws of the State of Nevada. Any legal action or proceeding arising out of or relating to this agreement shall be filed in the state or federal courts located within Washoe County, Nevada, and the parties hereby consent to the personal jurisdiction and venue of such courts.
If any provision of this agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
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 binding upon myself, my heirs, executors, administrators, and representatives, in the event of my death or incapacity.