1. Release of Liability: I, the parent or legal guardian of Child named on this form, understand that I am solely responsible for the delivery and the pickup of my Child from the Art Monsters LLC DBA Art Maker Studio Art Classes at the designated school location(“Studio”). I agree that AM assumes no responsibility for the supervision of my Child at times other than during the Art Class session. I, on behalf of myself, my child and my child’s other parent or legal guardian, if any, hereby waive and release any right I, my child and my child’s other parent and legal guardian, if any, may have or acquire to make a claim against or attach the property of both Art Monsters LLC DBA Art Maker Studio and MSA or any of their board of directors, officers, members, employees, volunteers or agents for monetary damages caused by injury or death to my Child or damage to the property of my Child or myself arising from my Child’s participation in the activities and use of the facilities and property of the Studio.
2. Parties to this Agreement, Roles and Definitions: All references to Art Monsters LLC DBA Art Maker Studio or “AM” includes the owner of Art Monsters LLC, Renee Kelly.
3. Medical Treatment: I agree to grant my consent for AM to administer general first aid treatment for any minor injuries or illnesses experienced by me or my child. In the event of accident or injury, I authorize AM to summon any and all professional emergency personnel to attend, transport, and treat me or my child and agree to authorize the Releasees or their service providers to obtain medical assistance deemed necessary in their discretion. I assume responsibility to pay for any and all medical and emergency expenses for myself or my child, including transport, in the event of any accident or injury incurred by myself or my child during AM Class as a result of participation in the Art Class regardless of whether I subsequently authorize such expenses.
4. Liability for Property Damage: I agree in advance, should ANY property contained within the Studio, including furniture, structure, etc. be damaged or destroyed by me or my child, said damages will be paid for in full to the school by me, and that Art Monsters LLC DBA Art Maker Studio will not be responsible for repair or payment of said property. In addition, I agree not to hold AM responsible in ANY way if my child injures or harms another child participating in the AM Class.
5. Failure to Perform: I understand in the event AM is unable to perform a scheduled Class due to unforeseen circumstances, however unlikely, such as traffic, sudden illness, death, etc. and is unable to notify me ahead of time, AM will not be held responsible for ANY cost above and beyond a pro-rated registration fee.
6. Photo Policy: I agree, for no additional consideration, compensation, or attribution, all participants and participant’s guardians voluntarily consent, in advance, to allow AM to take photos during Class for promotional use. By signing this document, I agree to allow the use of photos of me as well as of my child, and any images of artwork me or my child create at AM Art Classes. All photos taken during AM Art Classes become the sole property of AM.
7. Attorney Fee/Venue: In the event of commencement of a lawsuit by either party to enforce the provisions of this Agreement, the prevailing party shall be entitled to receive attorneys’ fees and costs in addition to any other relief granted. AM incurs its obligations and performs its duties in the County of Marin, State of California. In the event that legal action is undertaken to enforce or interpret Agreement, the sole and exclusive venue shall be a court of competent jurisdiction in the County of Marin, California in accordance with California Code of Civil Procedure section 395 (a) or in the United States District Court for the Northern District of California.
8. Pick Up/Late Fee: I understand all child participants of AM Class must be picked up at the stated end time of the Class and a late fee of five dollars will be charged if a child is not picked up within five-minutes after the end of the Class. An additional one dollar per minute will be charged thereafter.
9. Food/Drink: I understand classes do not have snack time; however, I may bring snacks/drinks for my child. No food is allowed at the art tables. I agree not to bring peanuts or peanut-based snacks.
10.Registration/Fees: I understand class fees are due upon registration and are required in order to guarantee my child’s spot in the class. The class fee must be fully paid at the time of registration.
11. Refund Policy: I understand in the event a booked class is cancelled or missed for reasons beyond the control of AM, AM is not required to provide a make-up Class or any refunds for such class. If I cancel my registration for a class series prior to the beginning of the first class, Art Monsters LLC DBA Art Maker Studio will provide a full refund minus a $25 processing fee. If I withdraw from an ongoing series after the first class, Art Monsters LLC DBA Art Maker Studio will provide a refund equal to half the class series fee minus a $25 processing fee. No refund will be given for withdrawal from an ongoing series after the 2nd class begins. If AM cancels a single class, AM will ether offer a make-up class on another designated date, or a prorated refund for the single missed class. If AM cancels an entire class series, AM will provide a full refund.