Waiver and Release of Liability, Covenant Not to Sue, Assumption of Risk, Photography/Video Release & Indemnity Agreement
PLEASE READ CAREFULLY AND THOROUGHLY BEFORE SIGNING
This is a waiver of your legal rights and an agreement to hold harmless (“Agreement”) Little Blue House on Main LLC, its directors, officers, employees, volunteers, representatives, agents, activity holders, sponsors, and volunteers (hereinafter “Little Blue House on Main” or “Released Parties”) for death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to you and/or your minor children at 5337 Main Street, Spring Hill, TN, 37174 (“Property”).
This Agreement is in consideration of Little Blue House on Main allowing me, and my minor children (hereinafter (“Event Attendee(s)”) to voluntarily participate in Daily Activities, Events and/or Activities (hereinafter “Activities”). Activities include, but are not limited to, working with and using paint, sharpies, beads, pencil sharpeners, scissors, glues, hot glue guns, pastels, pencils, markers, clay, wood, tools, screws, metal parts, paper, fabrics, plastic bags, food coloring, food products, cooking tools, water, fabric dyes and small loose parts that may present a choking hazard.
Assumption of Risk:
Event Attendee(s) hereby assume any and all risk of and take full responsibility for participating in any and all Activities at the Property, and Event Attendee(s) fully understand that the Activities that Event Attendee(s) will participate in have the potential to be or to become dangerous, and that those Activities likewise have the potential to cause injuries, including, but not limited to, bodily injury, damage to personal property, and/or serious bodily injury or even death. On behalf of myself and/or my minor children, and on behalf of my executors, administrators, heirs, assigns, successors and next of kin, I hereby expressly waive, release and discharge from any and all liability, including but not limited to, claims for liability arising from negligence or fault of Little Blue House on Main and/or Released Parties, for my and/or my minor children’s death, disability, personal injury (whether physical, mental, emotional, or otherwise), property damage, property theft, or actions of any kind which may hereafter occur to me and/or my minor children that I and/or my minor children may have as against Little Blue House on Main and/or Released Parties related to such Activity.
I expressly consent to, and hereby waive any objection to, Little Blue House on Main photographing and/or videotaping me and/or my minor children when I and/or my minor children are participating in the Activities, including but not limited to, any and all artwork I and/or my minor children create.
I understand and agree that all photographs and videotapes will remain the property of Little Blue House on Main, and that Little Blue House on Main may use any and all photographs or videotapes for archival and promotional purposes, including their use on social media accounts, web pages, and printed materials. If I do not wish to have images or video of my child used, I understand it is my responsibility to notify Little Blue House on Main in writing upon enrollment.
Release of Liability:
I hereby irrevocably and unconditionally release, waive, relinquish, discharge from liability and covenant not to sue Little Blue House on Main and/or Released Parties for any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, 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 my child(ren)/ ward(s) use of equipment, services and activities located at the Property, including without limitation, any claim for negligence, arising from property damage, personal or bodily injury, emotional injury, illness, or death to the maximum extent allowed by law.
I hereby acknowledge that I and/or my child could be exposed to COVID-19 at the Property and voluntarily assume such risk.
I hereby agree to indemnify and hold harmless Little Blue House on Main and/or Released Parties from and against any and all losses, liabilities, claims, obligations, costs, damages, and/or expenses whatsoever paid, incurred, and/or suffered by Little Blue House on Main including, but not limited to, any and all attorneys’ fees, costs, damages, and/or judgments Little Blue House on Main and/or Released Parties incur in the event that I, my minor child(ren)/ward(s) or anyone for which I signed this agreement causes any injury, damage and/or harm to any and all other persons and entities acting in any capacity on behalf of Little Blue House on Main or to others while at the Property.
In the event a lawsuit is filed against Little Blue House on Main and/or Released Parties, I agree to the sole and exclusive venue of Maury County. I further agree that the substantive law of Tennessee shall apply without regard to any conflict of law rules. I also agree that if any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect. Prior to any lawsuit I agree to participate in mediation, in person, with Little Blue House on Main and/or Released Parties, to attempt to resolve the dispute without litigation. I further agree that any party’s failure or refusal to participate in mediation prior to filing a lawsuit shall preclude that party from recovering any applicable prevailing party attorneys’ fees and/or costs it otherwise would have been entitled to.
By signing this Agreement, I understand and confirm that I have given up considerable future legal rights that I and/or my child(ren)/ward(s) may have. I have had a reasonable and sufficient opportunity to read and understand this entire Agreement and consult with legal counsel or have voluntarily waived my right to do so. I have signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me. I knowingly and voluntarily agree Event Attendee(s) be bound by all terms and conditions set forth herein. By signing below, I also agree that all releases, waivers, and promises herein are binding on the Event Attendee(s). I am 18 years of age or older, and/or legal guardian of Minor Children, and mentally competent to enter into this Agreement. I understand this Agreement contains a promise not to sue Little Blue House on Main, its directors, officers, employees, volunteers, representatives, agents, activity holders, sponsors, and/or volunteers.