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/Marin Society of Artists (“AM/MSA”) Art Party at the MSA Gallery Art Studio facility (“Studio”). I agree that AM/MSA assumes no responsibility for the supervision of my Child. 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 DBA Art Maker Studio, Renee Kelly. All references to “MSA” refer to Marin Society of Artists, a California non-profit corporation. AM is the sole operator of the Art Parties and MSA has no responsibility for operation of the Art Parties. MSA’s sole role is to make the MSA Gallery Art Studio available to AM for Art Monsters LLC DBA Art Maker Studio Parties and to rent Studio 6 to AM.
3. Medical Treatment: I agree to grant my consent for AM/MSA 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/MSA 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/MSA Party as a result of participation in the Art Class regardless of whether I subsequently authorize such expenses.
4. Liability for Property Damage: I understand in addition to being an Art Center, MSA is an Art Gallery containing professional artwork for sale, rent, and viewing purposes. I agree in advance, should ANY artwork contained within the MSA building at 1515 3rd Street, including paintings, drawings, sculptures, etc. be damaged or destroyed by me or my child, said artwork will be paid for in full to MSA by me, and that Art Monsters LLC DBA Art Maker Studio will not be responsible for repair or payment of said artwork. In addition, I agree not to hold AM/MSA responsible in ANY way if my child injures or harms another child participating in the AM/MSA Party.
5. Failure to Perform: I understand in the event AM/MSA is unable to perform a scheduled Party due to unforeseen circumstances, however unlikely, such as traffic, sudden illness, death, etc. and is unable to notify me ahead of time, AM/MSA 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/MSA to take photos during Party 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/MSA Art Parties. All photos taken during AM/MSA Art Parties become the sole property of AM/MSA.
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/MSA 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/MSA Party must be picked up at the stated end time of the Party. Any guest participants not picked up will become the responsibility of the paying client. I understand all party participants must vacate the MSA Flex Gallery at the stated end time of the party. I understand I, as the paying client, am allowed to stay 15 minutes after the stated end time of the party to clean up. I understand I must vacate the MSA Flex Gallery once this 15 minutes is up or a late fee of $50 will be charged.
9. Food/Drink: Art Parties have a half hour designated for snacks and/or cake. Food is optional and is provided by the paying client of the Art Party. No food is allowed at the art tables. I agree not to bring peanuts or peanut-based snacks.
10.Registration/Fees: I understand the base fee for a minimum of ten kids must be fully paid in order to book the party. This base fee is due upon booking and is required in order to guarantee a spot on the AM/MSA calendar.
11. Refund Policy: In the event AM/MSA has to cancel a party, Art Monsters LLC DBA Art Maker Studio will attempt to contact Client with as much advance notice as possible. Art Monsters LLC DBA Art Maker Studo will provide a full refund to the paying client of the cancelled party.
12. Parties: Parties are 1 1/2 hours plus 15 min set up and 15 min clean up, and include one hour of instruction plus all materials for 1 project.