WAIVER FOR PROGRAMS & PARTIES
This waiver is required for all camps, parties and programs at Winged Canvas. It is available to sign electronically at the studio.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
(hereinafter referred to as the “Release Agreement”)
By signing this Release Agreement you will waive certain legal rights, including the right to sue or claim compensation following an accident.
PLEASE READ CAREFULLY
DESCRIPTION OF ART ACTIVITIES
This Art Program/Party, which operates on a periodic basis, hosted by Winged Canvas Inc. and 1313205 Ontario Ltd. (operating as Winged Canvas), and their shareholders, officers, directors, employees, instructors, volunteers, and independent contractors (herein collectively referred to as the “Releasees”). The Activities will take place in the studio and may also include off-site parties and activities.
ASSUMPTION OF RISKS & RELEASE OF LIABILITY
I, being the Participant and 18 years of age or older, do for myself, my personal representatives, heirs, and next of kin, or I, being the parent or legal guardian of the Participant who is not 18 years of age or older, do for and on behalf of my minor Participant, representatives, heirs, and next of kin:
hereby freely and voluntarily assume all risks and hazards and the possibility of personal injury, death, property damage and loss and agree to indemnify and save and hold harmless the Releasees from any and all liability resulting from participation in the Activities, which include but are not limited to: slips and falls; solvent spills; hot glue burns; equipment failure; improper use of equipment by the Participant and/or other individuals; allergic reactions to solvents, paints, food, nuts, animals, or other allergens; roughhousing or other boisterous behaviour; electrical shock; damage or theft of property; plagiarism of artwork or other intellectual property; travelling and/or transportation to and from the Activities, including but not limited to, motor vehicle accidents; and negligence on the part of the Releasees, including the failure on the part of the Releasees to take reasonable steps to safeguard, supervise, or protect the Participant and/or undersigned from the risks, dangers and hazards of participating in Activities;
hereby agree to waive any and all claims that the Participant, his or her personal representatives, assigns, heirs, and next of kin, have or may in the future have against the Releasees and to release the Releasees from any and all liability for any and all loss, damage, claims or demands for personal injury, sickness, or death, as well as property damage and expenses, of any nature whatsoever which may be incurred by the Participant and/or the undersigned, now and forever, arising out of or related to participation in the Activities, due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care, including any duty of care owed under the Occupiers Liability Act, R.S.O. 1990 C. 2 on the part of the Releasees, and further including the failure on the part of the Releasees to take reasonable steps to safeguard or protect the Participant and/or the undersigned from the risks, dangers and hazards of participating in the Activities referred to above;
hereby give my permission and consent to the Releasees to take the Participant to a doctor or hospital and hereby authorize medical treatment and assume the responsibility of all related medical costs, if any;
hereby acknowledge that, if the Participant is under 18 years of age, I am the parent or legal guardian of the Participant, and I am signing this Release Agreement on behalf of my minor Participant and agree to be specifically bound to all the terms and conditions of the Release Agreement; furthermore, I separately acknowledge that, by signing and entering into this Release Agreement, I am acting with the consent of the other parent and/or legal guardian of the Participant;
hereby acknowledge that I have carefully read this Release Agreement, that it is the whole of the agreement, that I fully understand its terms, and intend my signature at the bottom of this document to be a complete and unconditional release of all liability to the greatest extent allowed by law.
PARTICIPANT PHOTOGRAPHY, AUDIO AND VIDEO CONSENT
I, the undersigned, being the Participant 18 years or older, or on behalf of my minor Participant if he or she is under 18 years of age:
hereby consent and agree that the Releasees have the right to take photographs, videos, audio and digital recordings (collectively referred to as “Photos”) of the Participant, any artwork or other intellectual property solely or partially authored by, owned by, or licenced to the Participant and created during an art workshop hosted by the Releasees or otherwise displayed within the studio;
hereby release to the Releasees the right to exhibit these aforementioned Photos for promotional purposes in any and all media, now or hereafter known, including Winged Canvas publications such as newsletters, brochures, photographs on display boards, electronic versions of the same publications or on the Winged Canvas website or on associated social media websites, such as Facebook, YouTube, and Twitter, and to offer these Photos for use or distribution in other non-Winged Canvas publications, electronic or otherwise, without notifying me;
hereby confirm and acknowledge that, all visitors to the studio may be photographed or videotaped for security purposes and that such security media will only be used for such purposes.