CRAFTED IN MADISON

WAIVER AND USER AGREEMENT

 

           

I.  WAIVER AND RELEASE

 

            In consideration of my involvement and/or my minor child’s participation with Crafted in Madison LLC (the "Activity”), I hereby agree to the terms of this Release and Waiver of Liability and Indemnity Agreement (“Agreement”).

 

            I, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this Agreement and hereby waive any and all rights, claims, demands, debts, contracts, expenses, lawsuits, damages, liabilities, or causes of action of any kind whatsoever, whether known or unknown, in law or equity, that I and/or my minor child ever had or may have, arising from or in any way related to my and/or my minor child’s participation in the Activity, and do hereby release and forever discharge Crafted in Madison, LLC, located at 41 Kings Road, Madison, New Jersey 07940, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, (the “Released Parties”).

 

            I fully understand that I and/or my minor child am voluntarily participating in the aforementioned Activity and I and/or my minor child am participating in the Activity entirely at my own risk. I am aware of the risks associated with traveling to and from as well as participating in this Activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others' negligence, conditions related to travel, or the condition of the activity location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this activity, including travel to, from and during this activity.

 

            To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Crafted in Madison LLC, its agents, and employees.  In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.  In the event of accident or injury, when a parent or legal guardian or emergency contact is not available, I give permission for Crafted in Madison LLC to initially procure medical attention.

 

II.  CONDUCT POLICY

 

            I fully understand that any conduct by me and/or my minor child that in the sole discretion of Crafted in Madison LLC, restricts or inhibits any other participant from using or enjoying the activities provided by Crafted in Madison LLC will not be permitted.  I am aware that any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful or otherwise objectionable actions and/or comments of any kind are strictly prohibited while participating in the activities provided by Crafted in Madison LLC.

 

III.  PAYMENT POLICY

 

            I understand and acknowledge that full payment is required by the start of each Activity, and that there is a thirty dollar ($30) returned check charge for any checks or debit transactions returned by the bank or other financial institution.  I understand that a one hundred dollar ($100) non-refundable deposit is required to secure a date for booking a Party. 

 

IV.  CANCELLATION/REFUND POLICY

 

  1. Client Cancellations - Classes: I understand that if I need to cancel a Class for personal reasons that I must do so no later than 9:00 pm the night before the Class is scheduled.  I understand that in the event of any such timely cancellation, I will be entitled to a credit or refund of the cost of one (1) Class, less a ten percent (10%) non-refundable administrative fee.  I understand that no refunds are given for late cancellation of Classes, but late cancellation does entitle me to a credit for one (1) Class.  I understand that such credit will expire one (1) year from the date of issuance. 

  2. Client Cancellations – Parties: I understand that Parties are not eligible for refund but may be eligible for credit.  I understand that if I need to cancel a Party, that I must do so no later than seven (7) days before the Party to receive credit for the full amount of the deposit.  I understand that late cancellations do not entitle me to credit. I understand that in the event of inclement weather or illness beyond my control, I will receive a credit for the full amount of the deposit.

  3. Vendor Cancellations: I understand that in the event of inclement weather or instructor illness, Crafted in Madison LLC reserves the right to cancel Classes or Parties for all or any portion of the day.  These details will be posted on our homepage by 8:00 am for morning classes and 12:00 noon for afternoon and evening classes.  Please schedule a make-up for the cancelled class.

    1. Parties.  In the event of inclement weather, the Director reserves the right to cancel parties for all or any portion of the day.  In the event that Crafted in Madison LLC cancels a Class or Party, I will be entitled to a refund or credit of the full amount paid for the cancelled Class or Party.

 

V.  PROPERTY DAMAGE POLICY

 

  1. Damage to Client Personal Property: I understand that Crafted in Madison LLC uses some materials that may stain or stick to clothing and other personal property.  I acknowledge and agree that Crafted in Madison LLC is not responsible for any damage that may occur to my or my minor child’s personal property.  I further acknowledge and agree that Crafted in Madison LLC is not responsible for any personal property that may be lost or stolen within its premises.

  2. Damage to Vendor Personal Property: In the event that any damage to equipment or facilities occurs as a result of my or my minor child’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. 

 

VI.  ALLERGEN POLICY

 

            I understand that Crafted in Madison LLC is a peanut-conscious but not peanut-free environment.  I understand that Crafted in Madison LLC will make diligent effort to provide food and/or beverages that are conscious of the allergen and/or dietary restrictions of its clients.  I understand that Crafted in Madison LLC cannot guarantee the allergen and/or dietary restrictions of outside food and/or beverages brought in by other clients, and I will not hold Crafted in Madison LLC liable for any allergens that may be present in the facility. 

 

VII.  PHOTO AND MEDIA POLICY

 

            I understand that registration for any Crafted in Madison LLC class and/or party grants permission to Crafted in Madison LLC for the publication of my photograph or likeness, and/or my minor child's photograph or likeness, to Crafted in Madison LLC’s social media postings, website, and/or any other promotional material and media. I understand, however, that the decision to use my or my minor child’s full name in conjunction with such publications remains with me and that I can opt out of such use by indicating such in writing. 

 

VIII.  DROP-OFF POLICY

 

            I understand that all children must be accompanied by an adult during drop-off. I understand that only children ages five (5) and older can be dropped off for classes and parties without a caregiver.  I understand that children with special needs must be accompanied by a caregiver.

 

IX.  LIMITATION ON LIABILITY

 

            Crafted in Madison LLC will not be liable for any incidental, consequential, indirect, special or punitive damages (including without limitation, damages for loss of business, loss of profits or loss of use), regardless of the basis for recovery, even if I have been informed or should have known the possibility of such damages.  Crafted in Madison LLC’s direct damages will be limited to the fees paid to Crafted in Madison LLC hereunder.

 

            I will indemnify, defend and hold harmless Crafted in Madison LLC, and its respective officers, directors, employees and agents against any and all third party claims, including reasonable attorneys’ fees for defending those claims, to the extent such claims arise out of or relate to my or my children’s use of the Crafted in Madison LLC facilities or services, including bodily injury.

 

            ALL SERVICES PROVIDED HEREUNDER ARE WITHOUT WARRANTY AND ARE PROVIDED AS-IS.

 

X.  MISCELLANEOUS

 

  1. This Agreement shall constitute the entire agreement between the parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this Agreement. The provisions of this Agreement may be waived, altered, amended or repealed, in whole or in part, only upon the prior written agreement of all parties-including Crafted in Madison LLC.

  2. This Agreement will continue in full force and effect even after the termination of the activities conducted by, on the premises of, off the premises of, or for the benefit of the Released Parties, whether by agreement, by operation of law, or otherwise.

  3. This Agreement shall be governed by the laws of the State of New Jersey, without regard to its laws or regulations relating to conflicts of law.  The parties irrevocably agree that the courts of the State of New Jersey will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement.

  4. To the best of my knowledge, my child has no physical, emotional, or social conditions that make it dangerous for him/her to participate in any Activity conducted or offered by Crafted in Madison LLC.  If any of the information I have provided about my minor child were to change, I understand that it is my responsibility to provide Crafted in Madison LLC with those changes.

  5. I further understand, confirm, and agree that by signing this Agreement, I have given up considerable future legal rights-rights that otherwise may or would have been held by me and/or my minor child absent this Agreement. I have signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise, or guarantee being communicated to me. My signature is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law. 

  6. I am eighteen (18) years of age or older and mentally competent to enter into this waiver, and hereby do so on either my own behalf and/or on the behalf of my minor child.

  7. I have read, understand, and fully agree to each of the terms of this Agreement.

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