WAIVER AND RELEASE
This Waiver and Release is for the benefit of Uncorked Artist LLC Pennsylvania limited liability company, (“Uncorked Artist” and “The DIY Studio”), and any and all managers, owners, employees or agents thereof. The Uncorked Artist DIY Studio is a BYOB project studio where people gather to create unique do-it-yourself art and design projects. It provides participants the facilities, supplies and tutorials to create take home art and design projects while they simultaneously enjoy the social setting of a creative atmosphere and, at their personal election, they may imbibe alcohol (“facilities, services and products”). The Uncorked Artist hereby offers its facilities, services and products on the condition that each participant agrees to execute this Waiver and Release. In consideration of the agreement by The Uncorked Artist to permit the individual attending any DIY Studio event (the “Participant”) to use its facilities, services and products and participate in activities and programs related thereto, the Participant (and/or the parent or guardian of the Participant, who shall also be considered a “Participant” hereunder) hereby voluntarily acknowledges and agrees to all of the following terms and conditions:
1. Participant’s Assumption of All Known and Unknown Risks. Participant understands, acknowledges and agrees that use of the facilities, services and products offered by The Uncorked Artist 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 alcohol; 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, hand held 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 Uncorked Artist, and any and all other risks that may be otherwise associated with the facilities, services and/or products of The Uncorked Artist. These risks include the risk of death, serious bodily injury, emotional harm, property loss or damage and/or other pecuniary harm. PARTICIPANT’S USE OF THE FACILITIES, SERVICES AND PRODUCTS OF THE UNCORKED ARTIST IS AT PARTICIPANT’S OWN RISK. PARTICIPANT AND/OR THE PARENT OR GUARDIAN 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 UNCORKED ARTIST OR ARISING DIRECTLY OR INDIRECTLY FROM PARTICIPANT’S USE OF THE FACILITIES, SERVICES AND/OR PRODUCTS OF THE UNCORKED ARTIST, WHETHER OR NOT CAUSED BY THE ACTS OR OMISSIONS, NEGLIGENT OR OTHERWISE, OF PARTICIPANT, OTHER PARTICIPANTS, THE UNCORKED ARTIST, ANY MANAGER, OWNER, EMPLOYEE OR AGENT OF THE UNCORKED ARTIST OR OTHERWISE.
2. Waiver and Release of All Claims; Covenant Not to Sue. In consideration of being permitted access to the facilities, services and products of The Uncorked Artist, Participant and/or the parent or guardian, for himself or herself, and for his or her heirs, executors, successors, assigns, legal representatives, spouse and agents, to the fullest extent allowed by law, expressly intends to release and waive, and by execution of this Waiver and Release does hereby release, waive and forever discharge The Uncorked Artist and its affiliates, predecessors, successors, assigns, subsidiaries, managers, members, owners, 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 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 Participant’s use of the facilities, services and/or products of The Uncorked Artist, and Participant and/or the 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 parent or guardian expressly agree and covenant that, to the extent permitted by applicable local, state and federal law, neither Participant nor the parent or legal guardian, Participant’s 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 and Release.
3. Indemnification. Participant and/or the 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 attorneys’ fees) (collectively “Claim” or “Claims”), incurred by the Releasees or any of them due to or arising in any way from Participant’s use of the facilities, services and products of The Uncorked Artist, 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 Facilities, Services and Products. Participant hereby agrees to comply with all applicable laws and ordinances and all rules, policies and directives of The Uncorked Artist while Participant is using the facilities, services and/or products of The Uncorked Artist, and Participant hereby agrees to read and comply with any and all rules, regulations and restrictions which may be posted or communicated by The Uncorked Artist with respect to the permitted use of its facilities, services and/or products. Participant’s compliance with any or all of the foregoing shall not in any way affect the enforceability of this Waiver and Release.
5. Disclaimer of Warranties; Exclusion of Remedies. ALL UNCORKED ARTIST PRODUCTS AND SERVICES ARE SOLD “AS IS” TO PARTICIPANT, AND THE UNCORKED ARTIST HEREBY FOREVER DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO ANY AND ALL OF THE SAME, INCLUDING ANY WARRANTY IMPLIED BY LAW, WHETHER OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED AND EXCLUDED. PARTICIPANT SHALL NOT BE ENTITLED TO COLLECT, AND IN NO EVENT SHALL THE UNCORKED ARTIST BE LIABLE FOR, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, ALL OF WHICH ARE SPECIFICALLY EXCLUDED HEREBY.
6. Participant’s Age. Participant hereby represents that at the time of execution of this Release and Waiver he or she is eighteen years of age or older; or, if Participant is under the age of eighteen years, the parent or
guardian represents and warrants that he or she is the parent or legal guardian of the Participant with full right and capacity to execute this Waiver and Release on behalf of Participant, and such parent or guardian assumes all responsibility for the safety of Participant, and executes this Waiver and Release both on his or her own behalf, and on behalf of the Participant. The Participant and/or the parent or guardian expressly agrees to be bound by all of the terms and conditions of this Waiver and Release, including but not limited to Sections 1-5 hereof.
7. Miscellaneous. This Waiver and Release shall be governed by the laws of the State of Pennsylvania without regard to conflict of laws principles. Venue for any proceeding relating to the provisions hereof or relating to the Participant’s use of the facilities, services and products of The Uncorked Artist shall be brought in the District Court in and for the County of Bucks, State of Pennsylvania, and Participant and/or the parent or legal guardian hereby expressly consents to the personal jurisdiction of such court over him or her and the venue of such court. Should any action, dispute or claim arise out of this Waiver and Release, The Uncorked Artist, if it is the prevailing party, shall be entitled to recover all of its attorneys’ fees and costs associated with the enforcement of this Waiver and Release. This Waiver and Release constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof, and supersedes any and all prior and contemporaneous understandings, agreements, commitments, and representations, whether oral or written. No force or effect shall be accorded any prior written or oral representations, promises, agreements, or understandings which are not contained in this Waiver and Release. If any portion of this
Waiver and Release shall be held by a court of proper jurisdiction to be indefinite, invalid or otherwise unenforceable, the entire Waiver and Release shall not fail on account thereof, and the balance of this Waiver and Release shall continue in full force and effect.
PARTICIPANT AND/OR THE PARENT OR GUARDIAN ON BEHALF OF PARTICIPANT HAS CAREFULLY READ THE FOREGOING WAIVER AND RELEASE, UNDERSTANDS ITS CONTENTS, AND SIGNS THIS
WAIVER AND RELEASE VOLUNTARILY. PARTICIPANT AND/OR THE PARENT OR GUARDIAN UNDERSTAND AND AGREE THAT THIS WAIVER AND RELEASE IS A BINDING LEGAL CONTRACT, AND THAT BY SIGNING THIS CONTRACT PARTICIPANT AND/OR THE PARENT OR GUARDIAN WAIVES CERTAIN LEGAL RIGHTS HE, SHE OR THEY MAY OTHERWISE HAVE NOW OR IN THE FUTURE AGAINST RELEASEES.
PARTICIPANT AND/OR THE PARENT OR GUARDIAN ACKNOWLEDGE AND AGREE THAT THEY HAVE HAD SUFFICIENT OPPORTUNITY TO CONSIDER THE TERMS HEREOF AND TO CONSULT LEGAL COUNSEL PRIOR TO ACCEPTING THIS WAIVER AND RELEASE IF DESIRED.