Please carefully read the following because it is a legally binding contract.
 

This Waiver & Release is for the benefit of The Muse ArtHouse, LLC d/b/a The Muse ArtHouse, a New Jersey limited liability company, (the “Company”), and any and all of their respective officers, directors, managers, owners, employees, and agents (hereinafter collectively referred to as the “The Muse ArtHouse” which includes Company).

 

The Muse ArtHouse is a multifaceted facility designed to integrate the functions of an art studio, gallery, and creative development space. It is dedicated to fostering creativity and artistic expression by providing a diverse range of services, including but not limited to, drop-in sessions, instructional classes, workshops, private lessons, membership opportunities, and special events. These offerings are available to both individuals and groups, and are structured to support the exploration and cultivation of artistic skills and passions. It provides participants the facility, art supplies (only when specifically stated or agreed upon in advance), access to equipment and tools (as appropriate to the program registration) and tutorials to create and take home art and design projects.

 

While they simultaneously enjoy the social setting, at their personal election and sole responsibility, may choose to engage in imbibing alcoholic beverages. If Participant consumes alcohol, then Participant expressly agrees he/she is over the legal age and assumes all responsibility therein.

 

In addition, The Muse ArtHouse may offer customers the option to engage the Company’s services at a customer’s home or another venue secured by the customer. The Muse ArtHouse offers its facility, and its services and/or products, regardless of location, on the express condition that each participant (customer) agrees to execute this Waiver & Release.

 

In consideration of the agreement by The Muse ArtHouse to permit the individual (or individuals) named below (individually and collectively, the “Participant”) to use its facility, services and/or products and participate in activities and programs related thereto, the Participant (and/or the undersigned parent or guardian of the Participant, who shall also be considered a Participant for purposes hereunder) hereby voluntarily acknowledges, understands and agrees to all of the following terms and conditions:

 

1. Participants Assumption of All Known and Unknown Risks. Participant understands, acknowledges and agrees that use of the facility, services and/or products offered by The Muse ArtHouse may present certain significant risks or dangers, both known and unknown, to Participant, including but not limited to any or all of the following: risks associated with the use of art supplies such as damage or staining of clothing and other property; risks associated with the use of chemicals; risks associated with allergies or sensitivities; risks associated with the use of alcohol in conjunction with tools or other equipment; risks associated with the use of cutting tools such as knives, scissors, chisels, handheld saws or other types of blades; risks associated with use of sharp tools and other sharp objects such as needles, nails, screws, leather punches, etc.; risks associated with use of high temperature tools such as hot glue guns, clothing irons, soldering irons, irons for melting wax, etc.; risks associated with use of open flames such as candles, matches, lighters, torches, etc.; risks associated with use of hammers; risks associated with use of potentially poisonous, toxic or dangerous substances or chemicals (including the risk of mislabeling and/or misidentification); risks associated with use of tools that could result in electric shock such as irons, drills, lights, etc.; risks associated with improper instruction, guidance or supervision related to the facilities, services and/or products of The Muse ArtHouse, and any and all other risks that may be otherwise associated with the facilities, services and/or products of The Muse ArtHouse.

 

These risks include the risk of death, serious bodily injury, emotional harm, property loss or damage and/or other pecuniary harm. PARTICIPANTS’ USE OF THE FACILITIES, SERVICES AND/OR PRODUCTS OF THE MUSEARTHOUSE (WHETHER ON-SITE OR NOT) IS AT PARTICIPANTS’ OWN RISK. PARTICIPANT AND/OR THE UNDERSIGNED PARENT OR GUARDIAN OF THE PARTICIPANT HEREBY ASSUMES FULL AND EXCLUSIVE RESPONSIBILITY FOR ALL RISKS OF BODILY INJURY, DEATH, EMOTIONAL HARM, PROPERTY LOSS OR DAMAGE AND/OR OTHER PECUNIARY HARM INCURRED WHILE PARTICIPANT IS AT THE FACILITIES OF THE MUSE ARTHOUSE AND/OR WHICH ARISE DIRECTLY OR INDIRECTLY FROM PARTICIPANTS’ USE OF THE FACILITIES, SERVICES AND/OR PRODUCTS OF THE MUSE ARTHOUSE, WHETHER AT PARTICIPANT’S HOME OR ANOTHER LOCATION, WHETHER OR NOT CAUSED BY THE ACTS OR OMISSIONS, NEGLIGENT OR OTHERWISE, OF PARTICIPANT, OTHER PARTICIPANTS, THE MUSE ARTHOUSE AND ANY OFFICER, DIRECTOR, MANAGER, OWNER, EMPLOYEE OR AGENT OF THE MUSE ARTHOUSE. YOU ARE RESPONSIBLE TO ADVISE OUR STAFF OF ANY ALLERGIES OR SENSITIVITIES BEFORE ANY ACTIVITIES ARE STARTED.

 

 

2. Waiver & Release of All Claims; Covenant Not to Sue. In consideration of being permitted access to the facility, services and/or products of The Muse ArtHouse, Participant and/or the undersigned parent or guardian, for himself or herself, and for his or her heirs, executors, successors, assigns, legal representatives, spouse, ex-spouse, and agents, to the fullest extent allowed by law, expressly intends to release and waive, and by execution of this Waiver & Release does hereby release, waive and forever discharge The Muse ArtHouse and its affiliates, predecessors, successors, assigns, subsidiaries, managers, members, owners, officers, directors, employees, agents, attorneys, insurers, and representatives (individually and collectively, the “Releasees”), without reservation or condition, from and against any and all liability, claims, demands, actions, or causes of action which Participant and/or the undersigned parent or guardian may now have, ever had, hereafter have or claim to have against any or all of the Releasees, known or unknown, in any way related to Participants’ use of the facilities, services and/or products of The Muse ArtHouse, and Participant and/or the undersigned parent or guardian further waives any and all rights he or she may now have, ever had, hereafter have or ever claim to have in the same. Participant and/or the undersigned parent or guardian expressly agree and covenant that, to the extent permitted by applicable local, state and federal law, neither Participant nor the undersigned parent or legal guardian, Participants’ heirs, executors, successors, assigns, legal representatives or agents will (i) commence, prosecute, or cause to be commenced or prosecuted against the Releasees, or any of them, any action or other proceeding based upon or related to any claim which is released hereby, or (ii) seek to challenge the validity or enforceability of this Waiver & Release.

 

 

3. Indemnification. Participant and/or the undersigned parent or guardian hereby agree to fully indemnify Releasees and each of them from and against any and all losses, claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) (collectively “Claim” or “Claims”), incurred by the Participants and Releasees or any of them due to or arising in any way from Participants’ use of the facility, services and/or products of The Muse ArtHouse, whether the same is caused by the negligence of any of the Releasees or otherwise, and regardless of whether or not suit is filed in connection therewith.

 

4. Use of Facility, Services and Products. Participant hereby agrees to comply with all applicable laws and ordinances and all rules, policies and directives of The Muse ArtHouse while Participant is using the facility, services and/or products of The Muse ArtHouse, and Participant hereby agrees to read and comply with any and all rules, regulations and restrictions which may be posted or communicated by The Muse ArtHouse with respect to the permitted use of its facilities, services and/or products. Participants’ compliance with any or all of the foregoing shall not in any way affect the enforceability of this Waiver & Release.

 

5. Participants Age. Participant hereby represents that, at the time of execution of this Release and Waiver, he or she is eighteen (18) years of age or older; or, if Participant is under the age of eighteen (18) years, the undersigned parent or guardian represents and warrants that he or she is the parent or legal guardian of the Participant with full legal right and capacity to execute this Waiver & Release on behalf of Participant, and such parent or guardian assumes all responsibility for the safety of Participant, and jointly and severally executes this Waiver & Release both on his or her own behalf, and on behalf of the Participant. The Participant and the undersigned parent or guardian expressly agree to be bound by all of the terms and conditions of this Waiver & Release, including but not limited to Sections 1-5 hereof.

 

6. Media Release. Participant consents to The Muse ArtHouse’s use of images such as photographs and videos of Participant for promotion and social media purposes and hereby releases The Muse ArtHouse from any causes of action relating to use of same. Participant understands these images may be used for a variety of purposes and may appear in promotional materials published by or on behalf of The Muse ArtHouse, including on websites and social media sites, without prior permission of Participant. Because anyone can download an image from the Internet or make copies from printed materials, Participant agrees that The Muse ArtHouse is not responsible for unauthorized use of the images and, in no scenario, is Participant entitled to any compensation from The Muse ArtHouse for authorized or unauthorized uses of the images.
 

7. Cancellation Policy The participant acknowledges and agrees to abide by The Muse ArtHouse’s Cancellation Policy and all other Policies.
 

8. Miscellaneous - This Waiver & Release is governed by the laws of New Jersey, and any disputes shall be resolved in the courts located in Bergen County, New Jersey. If any provision of this Waiver is found to be invalid, the remaining provisions shall remain in full force and effect. Projects left at the Company for more than 21 days will be discarded. The Company is not responsible for lost or stolen items.

PARTICIPANT (AND/OR THE UNDERSIGNED PARENT OR GUARDIAN) HAS CAREFULLY READ THIS WAIVER & RELEASE, UNDERSTANDS ITS CONTENTS, AND SIGNS IT VOLUNTARILY, ACKNOWLEDGING THAT IT IS A BINDING LEGAL AGREEMENT.