RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT FOR SHARD SHOP NOLA LLC, ITS AFFILIATES, OWNERS AND EMPLOYEES.
I have voluntarily elected to use and, if applicable, to allow the minor child(ren) identified above and all minor children under my supervision and referred to individually and collectively as “Child”, to use and participate in projects, classes, workshops, events and/or activities as well as the use of any facilities and the use of the equipment/tools and materials located at The Shard Shop, 3950 Magazine Street, New Orleans, LA 70115. In consideration for being allowed to participate in activities and use said facilities, tools and equipment, and any other services provided by Shard Shop NOLA, LLC and its affiliated accompanies, Shard Shop Investments, LLC, Peapod Investments, LLC, Mary Hong Studio, LLC, Mary Hong Art, LLC, Shard Shop Corporate, LLC (hereinafter collectively, “Affiliates”) and the employees, owners, and managers thereof at said location, or any other Shard Shop location, I represent, acknowledge and agree as follows:
I acknowledge and agree that this Agreement covers and is intended to release and provide other benefits, legal protections, and consideration to Shard Shop NOLA, LLC, and their respective and collective agents, owners, officers, managers, shareholders, Affiliates, volunteers, participants, employees, and all other persons or entities acting in any capacity on their respective or collective behalf (collectively, “The Shard Shop”).
RELEASE OF POTENTIAL INJURIES
I acknowledge and agree that the handling of glass and other equipment at The Shard Shop and that participating in classes, parties and other activities is inherently and obviously dangerous. These risks include physical or emotional injury, paralysis, death, damage to myself, the Child, and/or third parties, and damage to personal property or any or all such persons. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity, which I further agree is for recreational purposes and completely voluntary. I acknowledge and agree that while the classes and other activities that take place at The Shard Shop are monitored generally by Shard Shop employees, it is not feasible for such employees to monitor the activities and actions of all customers at all times or all customers simultaneously. Furthermore, the Shard Shop’s employees have difficult jobs to perform. They seek safety, but they are not infallible. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
VOLUNTARY ASSUMPTION OF RISK
I represent that I and/or the Child are in good health and in proper physical condition to participate in classes other activities at The Shard Shop. I acknowledge and agree that I and the Child are participating voluntarily at our own risk. I acknowledge and agree that the actions or activities of other customers or the actions or inactions of The Shard Shop employees could cause me or the Child significant bodily injury (as described in this Agreement or otherwise), and that The Shard Shop is not responsible for the actions or activities of customers or the negligence of its employees in supervising the classes/parties/events, including actions, activities, or omissions that result in such harm.
RELEASE OF LIABILITY
The Releasing Parties hereby forever, irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue The Shard Shop, their Affiliates, successors, predecessors-in-interest, and insurers (collectively, the “Releasees”) from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my or the Child’s access to and/or use of The Shard Shop premises and/or its equipment (whether glass, tools or other), the Child’s and/or my entry into The Shard Shop, the condition, maintenance, inspection, supervision, control or security of The Shard Shop, the failure to warn of dangerous conditions in connection with The Shard Shop, and/or the acts or omissions of The Shard Shop or any of the Releasees, including, without limitation, any claim for negligence, failure to warn or other omission, property damage, personal injury, emotional injury, illness, bodily harm, paralysis or death. I understand that this release and waiver applies not only to use of the glass, tools, but also all other equipment, and all activities at The Shard Shop. I understand that this release and waiver applies to and includes all activities that I or my Child agree in at the premises, whether inside or outside The Shard Shop. In the event that any claim release herein is brought by, or asserted on behalf of, the Release Parties, I shall immediately defend, indemnity and hold harmless the Releasees, and any of them, from any loss or liability, including reasonable attorneys’ fees, associated therewith or arising therefrom.
I understand and fully acknowledge and agree that all of the risks identified herein any other risks associated with making glass art, The Shard Shop and its equipment are beyond the control of the Releasees. I agree and acknowledge that should The Shard Shop or any other Releasee or anyone acting on their behalf, be required to incur attorneys’ fees and/or costs to enforce this agreement, I agree to immediately defend, indemnify and hold harmless The Shard Shop and any other Releasee or them harmless for and against all such attorneys’ fees and/or costs.
ARBITRATION OF DISPUTES; TIME LIMIT TO BRING CLAIM
I understand that by agreeing to arbitrate any dispute as set forth in this section, I am waiving my right, and the right(s) of the minor child(ren)( above, to maintain a lawsuit against The Shard Shop and the other Releasees for any and all claims covered by this Agreement. By agreeing to arbitrate, I understand that I will NOT have the right to have my claim determined by a jury, and the minor child(ren) above will NOT have the right to have claim(s) determined by a jury. Reciprocally, The Shard Shop and the other Releasees waive their right to maintain a lawsuit against me and the minor child(ren) above for any and all claims covered by this Agreement, and they will not have the right to have their claim(s) determined by a jury. ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO MY OR THE CHILD’S ACCESS TO OR PARTICIPATION IN CLASSES, PARTIES, OR EVENTS AND USE OF THE SHARD SHOP PREMISES AND ITS TOOLS OR EQUIPMENT, INCLUDING THE DETERMINATION OF THE SCOPE OF APPLICABILITY OF THIS AGREEMENT TO ABITRATE, SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL (i.e., the date of the alleged injury) AND BE DETERMINED BY ARBITRATION IN THE PARISH OF ORLEANS, STATE OF LOUISIANA, JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Louisiana without regard to choice of law principles. Notwithstanding the provision with respect to the applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Sec. 1-16).
PHOTO, VIDEO, AUDIO, INTERNET AND SOCIAL MEDIA WAIVER
In connection with my and the Child’s use of The Shard Shop, I consent to the recording of the Child’s and my physical likeness and/or voice through mechanical, photographic, technical, digital, electronic or other means (“Recordings”). I hereby consent to and authorize The Shard Shop and its agents, representatives, employees, successors and assigns to use, in perpetuity, such Recordings, as well as the Child’s name and my name, for any purpose, including advertising, promoting, and/or publicizing any Shard Shop. I further agree that the foregoing includes the consent to use the Child’s and/or my physical likeness in any form. In addition, I waive any and all claims I may have in connection with the Recordings.
TERM OF AGREEMENT
I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my child(ren)/ward(s) visit The Sharp Shop, whether at the current location or any other location or facility.
I have had sufficient opportunity to read this document. I have read and understood and agree to be bound by its terms. I understand that employees working at The Shard Shop, including the manager, do not have the authority to waive any provision of this Agreement. This Agreement constitutes and contains the entire agreement between The Shard Shop and me relating to the Child’s and my use of and participation in The Shard Shop classes and events. There are no other agreements, oral, written, or implied, with respect to such matters. I further agree that this Release shall be construed in accordance with the laws of the State of Louisiana. If any term or provision of this Release shall be held illegal, unenforceable, or in conflict with any law governing this Release the validity of the remaining portions shall not be affected thereby.
By signing below, I represent and warrant that I am the parent, legal guardian, or power-of-attorney of the above listed Child(ren) and have the authority to execute this Agreement on his/her or their behalf and to act on his/her or their behalf. I have read each and every paragraph in this document and I and they agree to be bound by the terms stated therein, including the release of liability contained therein.
I ACKNOWLEDGE THAT IF I OR ANY OF MY CHILDREN ARE INJURED IN ANY WAY, THIS WAIVER PREVENTS AND PROHIBITS ANY RECOVERY OF MONEY FROM ANY THE SHARD SHOP AND ITS AFFILIATES.