THIS DOCUMENT RELEASES AND WAIVES CERTAIN LEGAL RIGHTS. YOU SHOULD READ THIS DOCUMENT THOROUGHLY AND YOUR SIGNATURE (AS DENOTED BY YOUR ELECTRONIC REGISTRATION FOR THIS CLASS OR SIGNATURE ON A HARD-COPY FORM AT THE STUDIO) REPRESENTS THAT YOU HAVE READ AND UNDERSTAND THIS AGREEEMENT. THIS APPLIES TO ALL PARTICIPANTS UNDER A GROUP SIGN-UP, IF THAT IS HOW PARTIES WERE REGISTERED.
On behalf of myself, my personal representatives, heirs, next-of-kin, spouse and assigns, I acknowledge that I hereby give up certain legal rights when I register for a class or event which includes the right to recover damages to personal property, bodily injury, and any projects left at the studio in exchange for the consideration of participating in the class and using the tools and equipment provided to me as part of the class.
Furthermore, I HEREBY:
Release Mix It Up Art Creative Studio, LLC or any of their representative, employee or contractor from any loss, liability, damage, injury or cost that may arise out of my use of art materials, tools or equipment at Mix It Up Creative Studio and I voluntarily assume the risk and danger of injury using such art materials, tools and equipment.
Release, discharge and promise not to sue Mix It Up, doing business as Mix It Up Creative Studio, LCC under its own name or any other name and/or any of its owners, officers, employees, instructors, and agents (hereinafter, “Releasees”) for any loss, liability, damage, injury, illness* or cost whatsoever arising out of or related to my person or property.The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Mix It Up has put in place preventive measures to reduce the spread of COVID-19; however, cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending an event affiliated with Mix It Up could increase your risk and your child(ren)’s risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending events affiliated with Mix It Up and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Mix It Up may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Mix It Up team members, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at Mix It Up or participation in Mix It Up-affiliated programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Mix It Up, its team members, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of Mix It Up, its team members, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Mix It Up Events/Workshop.
Release Releasees from any claim that such Releasees are or may be negligent in connection with my educational experience, including but not limited to instruction on art making/working techniques, transportation to and from seminar activities, and maintenance or care of tools, equipment and supplies.
Indemnify and hold harmless Releasees for any loss, liability, damage, injury or cost that may arise out of or in any way connected with my use of art tools and equipment provided or any acts or omission of Releasees, or other employees or agents.
Agree to abide by and follow instructions and rules established by Mix It Up Creative Studio, LLC, or any of its instructors, agents, or employees, with regard to safety operations in using working tools or other artistic equipment. This includes slippery surfaces from paint clean-up, etc.
Understand that as a “paint and sip” location with an alcohol license under the State Liquor Board of Louisiana, if I am of legal drinking age (21), I may purchase or consumer wine or beer. I will consume alcohol and pledge to drink responsibly, and have been encouraged to take a taxi or carpool if I will be drinking alcohol, and I assume all risk for my actions while under the influence of alcohol. I understand that if there are any concerns about my ability to operate a motor vehicle upon leaving Mix It Up Creative Studio, LLC, any agent of the studio may call the local police department to conduct a wellness check on my behalf, but does not have an obligation to do so. I understand that I cannot remove an open container of alcohol from the premises and must leave opened bottles behind for disposal.
Acknowledge that this document is a contract and agree that if a lawsuit is filed against Mix It Up Creative Studio, LLC or its owners, agents, employees or instructors for any injury or damage in breach of this contract, the undersigned will pay all attorney fees and costs incurred by Mix It Up Creative Studio, LLC in defending such action. The registrant or guardian expressly agrees that the foregoing release and waiver of liability, assumption of risk, and indemnity is governed by the State of Arizona and intended to be as broad and inclusive as is permitted by Louisiana law, and that in the event any portion of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the balance of the agreement shall not be affected or impaired in any way and shall continue in full legal force and effect.
Understand that Mix It Up Creative Studio, LLC may take photographs and/or video during class and of the class, and also will take a group photo of participants and their paintings at the end of class, and that these may be used for marketing, replay for a fee, and/or public relations purposes for the studio in various settings including but not limited to: Facebook, Instagram, Mix It Up Creative Studio, LLC’ home page on the Internet, flyers, posters, and other promotional materials. I understand that if I wish to be exempt from this, I need to speak with a member of Mix It Up Creative Studio, LLC staff and make my wishes known in writing in advance of the class. This applies to all participants included under the group sign-up for online or in-person events.
Understand that when I provide my email address at registration, I may be added to the email list for periodic emails from Mix It Up, but that I will have the option to unsubscribe at the bottom of the emails.
This agreement releases Mix It Up Creative Studio, LLC from all liability relating to COVID-19, damages or injuries that may occur at any Mix It Up Creative Studio, LLC event. By signing this agreement, I agree to hold Mix It Up Creative Studio, LLC entirely free from any liability, including medical and financial responsibility for damages or injuries incurred, regardless of whether damages or injuries are caused by negligence. I also acknowledge the material risks involved in painting classes. These include but are not limited to paint stains on: clothing & belongings, floors, chairs, tables etc., public misconduct upon alcohol consumption, all other inadvisable use of Mix It Up Creative Studio, LLC property. I swear that I am participating voluntarily, and that all risks have been made clear to me. I have been provided with precautionary materials and relinquish Mix It Up Creative Studio, LLC, and it’s Venues, from liability of my personal belongings. By signing below I forfeit all right to bring a suit against Mix It Up Creative Studio, LLC for any reason. In return, I will receive painting class reservation & instruction. I will also make every effort to obey safety precautions as listed in writing and as explained to me verbally. I will ask for clarification when needed.
By signing and continuing below, or purchasing tickets, I forfeit all right to bring a suit against Mix It Up Creative Studio, LLC for any reason. In return, I will receive painting class reservation & instruction. I will also make every effort to obey safety precautions as listed in writing and as explained to me verbally. I will ask for clarification when needed.
Refund & Cancellation:
Refunds will be given in the event that MIX IT UP has to cancel, due to weather, low enrollment, or instructor illness. Otherwise, ONLY a credit will be issued for attendee cancellation. We regret to lose the chance to host your event for for you, our cancellation policy is in place to protect our artists and employees who are booked specifically for your event. For this reason, we firmly require a minimum of 48 HOURS notice to cancel before your event to grant a rescheduled date. If you need to cancel your party, you will receive a credit for your deposit, but only if Mix It Up is contacted 48 HOURS prior to the party, otherwise the deposit is forfeited.
Deposits: A deposit is due when booking your private event. If you choose to cancel your private event the deposit will not be refunded due to the nature of our studio and the demand for private event times on our calendar.
If the minimum guest requirement is not met, the host has the choice of paying the difference to meet the 10 person minimum OR cancel the event and forfeit the deposit. Guests will receive a credit. Thank you for your understanding.