THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ IT CAREFULLY BEFORE YOU SIGN.
No person will be admitted into any area of the Studio, other than the reception area near the front door, without completing and turning in this Assumption of Risk, Release of Liability, Waiver of Claims, and Indemnity Agreement (the “Agreement”).
Assumption of Risk
Carlyn Ray Designs, LLC, doing business as Dallas Glass Art (the “Company”), is a Texas limited liability company that operates a glassblowing, flameworking, painting, and glass fusing studio at 1820 Irving Blvd., Dallas, TX, 75207. The premises contain a furnace, torches, and kiln work areas (all of the areas of the building where the equipment is contained and glass crafting work of any kind is conducted will be referred to as the “Studio”). The accepting participant and, where the participant is under the age of 18, the accepting parent or guardian of the participant on behalf of the participant, for himself or herself:
- Acknowledges that glassblowing and fusing involves certain inherent risks, dangers, and hazards, which can result in personal injury, illness, death, property damage, and other losses;
- Freely agrees to assume and accept any and all such risks of personal injury, death, property damage, and loss associated with the Company, including risks arising from my conduct (either as a participant or spectator), the design of the features in the Studio, the conduct of the Company and its members, directors, officers, shareholders, trustees, beneficiaries, employees, agents, representatives, independent contractors, sponsors, successors, and assigns, and the conduct of other participants; and,
- Acknowledges that the description of risks contained in this Agreement is not complete and that other unknown or unanticipated risks may result in personal injury, illness, death, property damage, or other losses and agree to assume and accept any and all risks, known or unknown, regardless of whether they are stated in this Agreement.
Glassblowing is not recommended for expecting mothers in the third trimester or for others who have particular sensitivities to heat. I acknowledge that I (and my child, if applicable) am not an expecting mother in my third trimester and do not have particular sensitivities to heat.
All participants or observers in the Studio MUST be over the age of six (6). Glassblowing for kids (minimum of age 6) experiences are limited in participation to only the blowing and expanding of the glass. When working with kids, there will be absolutely no handling of the pipe due to safety conditions.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT
In consideration for entry into and use of the Company’s Studio and equipment and any related training or guidance received, the accepting participant and, where the participant is under the age of 18, the undersigned parent or guardian of the participant on behalf of the participant, hereby agrees that:
ENTERING THE STUDIO, EVEN IF JUST TO OBSERVE, AND USE OF ANY EQUIPMENT IN THE STUDIO WILL BE UNDERTAKEN AT THE PARTICIPANT’S OWN RISK AND THAT NEITHER CARLYN RAY DESIGNS, LLC, ITS MEMBERS, DIRECTORS, OFFICERS, SHAREHOLDERS, TRUSTEES, BENEFICIARIES, EMPLOYEES, AGENTS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, SUBCONTRACTORS, SPONSORS, NOR ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL BE LIABLE FOR ANY INJURIES, DAMAGES, CLAIMS, DEMANDS, ACTIONS OR CAUSES OF ACTION WHATSOEVER THAT MAY ARISE OUT OF OR IN CONNECTION WITH PRESENCE IN OR USE OF THE STUDIO, WHETHER FROM ACTS OF ACTIVE OR PASSIVE NEGLIGENCE ON THE PART OF THE RELEASED PARTIES, ON THE PARTICIPANT’S PART, OR ON THE PART OF ANOTHER PARTICIPANT, AND PARTICIPANT DOES HEREBY FOREVER WAIVE ANY AND ALL CLAIMS THAT PARTICIPANT AND ANY PARENT OR GUARDIAN OR HEIRS OR ASSIGNS HAS OR MAY HAVE IN THE FUTURE AGAINST THE RELEASED PARTIES, AND AGREES TO DISCHARGE, INDEMNIFY, HOLD HARMLESS, AND WILL DEFEND THE RELEASED PARTIES FOR ANY SUCH INJURIES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF ACTION.
CONSENT TO MEDICAL TREATMENT
The accepting party authorizes the Company to obtain emergency medical attention and treatment on behalf of the accepting party or the accepting party’s minor child in the case of sickness, accident, or injury and to secure such medical attention and treatment at the participant’s sole expense. The accepting party recognizes that it may be required to transport his or her minor child to the nearest medical treatment facility based upon the child’s age even though the condition may not warrant it.
CHOICE OF LAW & VENUE
This Agreement is governed by the laws of the State of Texas. For any and all matters of dispute between the parties to this agreement, whether arising from the agreement itself or arising from alleged extra-contractual facts prior to, during, or subsequent to the Agreement, including, without limitation, fraud, misrepresentation, negligence, or any other alleged tort or violation of the contract, the parties may bring any legal proceeding(s) only in the United States District Court for the Northern District of Texas or, if there is no federal subject matter jurisdiction, in any state court of Texas sitting in Dallas County, Texas, and each party hereby submits to the exclusive jurisdiction of those courts for purposes of any such proceeding. Each party hereby waives any claim that any legal proceeding (including any tort claim) has been brought in an inconvenient forum or that the venue of that proceeding is improper. THE PARTIES FURTHER AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARISING FROM THE TERMS OF THIS AGREEMENT.
ENTIRE AGREEMENT & SEVERABILITY
This Agreement constitutes the entire Agreement between the parties and supersedes any prior Agreement between the parties. If any section of this Agreement is declared invalid for any reason, the invalidity of that section will not affect the validity of any other section of this Agreement, and all other sections will remain in full force and effect. It is declared to be the intention of the parties that they would have executed all other sections of this Agreement without including any such parts, or portions that may for any reason, be hereafter declared invalid.
I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND I AM AWARE BY ACCEPTING THIS AGREEMENT THAT I AM WAIVING CERTAIN LEGAL RIGHTS, WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASED PARTIES.