In consideration of the services provided by A Marvelous Spark, LLC, I, an adult participant, or parent or legal guardian (Parent) of a minor (individual less than 18 years old) participant, for myself and on behalf of the minor, acknowledge and agree as follows:
Activities: Activities offered by A Marvelous Spark include art projects and instruction. Participation in these activities may require the use of paint, markers, pencils, painting tools, papers, rulers, and various other art items not named here. Activities will occur on premises not owned or controlled by A Marvelous Spark. The party host will provide tables, seating arrangements, and water access (sink, hose, etc.) for the event.
Risks & Assumption of Risks: I understand and acknowledge that there are dangers and risks (“risks”) involved in participating in activities offered by A Marvelous Spark, or by being in the vicinity of activities offered by A Marvelous Spark, that can cause injury and/or property damage, to me, my child, or others. These risks include, but are not limited to: damage to clothing and/or damage to my property or the property of others; bodily injuries; negligence, misjudgments, acts, or omissions by participant, others, and/or A Marvelous Spark; and participant’s personal health risks. The risks listed in this Waiver are not exhaustive, as other risks may exist. A Marvelous Spark cannot guarantee my or my child’s safety or eliminate any of these risks. If I am the Parent of a minor participant, I have discussed the risks with the minor participant, who understands and accepts them. Participant is voluntarily participating with knowledge of the risks. Participant (and the Parent of a minor) assumes and accepts full responsibility for participant, for the inherent and other risks of these activities (both known and unknown) and for any injury, damage, death, or other loss suffered by participant (and the parent of a minor), resulting from those risks, including the risk of participant's own negligence or other misconduct.
Release and Indemnity: I, an adult participant or Parent (for myself and on behalf of the minor participant) agree to release and not to sue A Marvelous Spark, LLC and its respective owners, members, employees, agents, volunteers, and staff (“Released Parties”) with respect to any and all claims of injury, disability, or other loss or damage to person or property suffered by me or by the minor participant, arising in whole or part from my (or the minor participant’s) participation in or attendance at A Marvelous Spark activities or events. In addition, I agree to indemnify (that is, defend and satisfy by payment or reimbursement, including costs and attorney’s fees) Released Parties from any and all claims of injury, disability, death, or other loss or damage to person or property, brought by me or by or on behalf of the minor participant, another participant, a member of my, or the minor participant’s, family, or anyone else, arising out of or in any way related to a loss suffered by me or the minor participant, or caused by me or the minor participant. This agreement to indemnify includes my agreement to indemnify A Marvelous Spark for property damage caused by me or my child to A Marvelous Spark’s property or the property of others. These agreements of release and indemnity include loss or damage caused or claimed to be caused in whole or in part by the negligence of a Released Party, but not gross negligence of a Released Party.
Social Media & Photo Usage: I hereby grant A Marvelous Spark permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. Parents of minors may opt out of photographs used for marketing purposes. Please make a note on your completed form if you wish to opt out of photographs showing your child’s face.
Deposit & Payment: A non-refundable $50 deposit is required for booking a paint party with A Marvelous Spark to secure the date and time. Remaining balance is due 24-48 hours prior to the event date, and can be paid at any time before that. In the event of a non-responsive host or failure to pay remaining balance within 24-hours of the scheduled event, it will not take place.
Cancellation Policy: A minimum of 7 days is required to reschedule or cancel a paint party. If you cancel before the 7 days notice you will receive a partial refund of any fees paid. (Excluding the $75 non-refundable deposit.) This fee goes towards the supplies and time spent in preparation of the event.
We understand that emergencies can occur. Please contact us directly if you need special consideration for a refund. We will do our best to accommodate.
Other: This Waiver is effective from the date signed until a subsequent Waiver is signed by Participant or Parent. I understand that I cannot terminate, cancel, or revoke this Waiver for any reason.
This Waiver is effective in regard to participant’s enrollment or participation in all activities from the date signed until a subsequent Waiver is signed by participant or participant’s parent and shall remain in full force and effect for all activities participated in by participant up until that point.