CHOOSE. CONNECT. CREATE.

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© 2018 Coast DIY, LLC.

WAIVER AND RELEASE

PHOTO RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION AGREEMENT

 

As consideration of, and in exchange for, permission to participate in the workshop/skills classes (the “Workshop”) offered and provided by Coast DIY, LLC d.b.a. Coast DIY Bar at 2200 Colonial Avenue, Unit #11, Norfolk, Virginia 23517 (the “Premises”), I hereby acknowledge and agree to the following:

 

  1. I understand and acknowledge that the Workshop, is a Do It Yourself Workshop, Skills Classes and Retail Gift Shop (collectively, the “Workshop”) and may involve the use of nail guns, drills, hammers, nails, saws, glass etching creme, and various other tools and materials customarily used woodworking, DIY, crafting or etching activities (the “Activities”).

  2. I understand and acknowledge that I must engage in the Activities in order to participate in the Workshop.

  3. I understand and acknowledge that Activities involve a risk of bodily harm or injury to myself and/or to others, including even the risk of severe bodily injury, harm to my mental or physical health, paralysis and/or death, as well as a risk of damage, loss or total destruction of my property or property of others (collectively, the “Risks”).  I also understand that these Risks are further increased when persons, whether or not of the same level of experience or skill, are present at the same time and also participating in the Workshop Activities.  I am knowingly and voluntarily accepting these Risks, and I am nonetheless requesting to participate in the Workshop and to engage in Activities, as my free act and deed.

  4. I understand and acknowledge that, as a condition to my participation in the Workshop, I must accept, and do hereby expressly accept, all Risks, foreseeable and unforeseeable, associated with participating in the Workshop and engaging in Activities as my personal responsibility.  I further hereby offer my foregoing acceptance as a representation and warranty upon which Coast DIY, LLC may rely in accepting me as a Workshop participant.

  5. I understand that rules, terms and conditions and safety guidelines for participating in the Workshop, and engaging in the Activities, are in place for my safety and for the safety of others; therefore, I agree, and represent, that I will comply with all rules, terms and conditions and safety guidelines for participating in the Workshop, and engaging in the Activities.

  6. As consideration of, and in exchange for, permission to participate in the Workshop, and to engage in the Activities, I, on behalf of myself, my spouse, my descendants, heirs and other representatives, hereby promise not to sue or file any other claim, and forever release from all liability, against or otherwise involving Coast DIY, LLC, Camie Welch, or any of their respective agents, employees, insurance, heirs, successors or other representatives of any of the foregoing (the “Releasees) from any and all liability, claims demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or physical, psychological, or economic injury, which due to my participation in the Workshop, engagement in any Activities and/or presence on the Premises, regardless of whether any such loss is caused by the active or passive negligence of the Releasees or otherwise, to the fullest extent allowed by the law.

  7. The foregoing agreement to indemnify and hold the Releasees harmless from any loss, liability, damage or cost incurred as a result of my participation in the Workshop or performance of any Activities extends to my acts and omissions the result in or contribute to any harm caused to the other Workshop participants, the Premises and/or property owned by the Releasees and/or to other Workshop Participants.

  8. I acknowledge and understand that neither Coast DIY, LLC, Coast DIY Bar, Camie Welch nor any of the other Releasees will cover the costs of any medical expenses I incur that are directly or indirectly caused by my choice to participate in the Workshop and Activities and be present on the Premises.  In addition, I certify, represent and warrant that I have no medical condition that would cause my participation in the Workshop or performance of any Activities to be hazardous to my health.  In the event that I am in need of medical assistance due to my participation in the Workshop, performance of the Activities or presence on the Premises, I hereby authorize any of the Releasees to call for emergency medical assistance and to provide or cause to be provided minor medical treatment to me as may be necessary or appropriate under the circumstances to mitigate harm to me.  

  9. I hereby further agree that this Waiver of Liability and Assumption of Risk Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia and that any mediation, suit, or other proceeding must be filed and entered into only in Norfolk, Virginia.  Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions.

  10. I hereby grant Coast DIY, LLC permission to use my likeness in a photograph, video or other digital media in any and all of its publications, including web-based publications, without payment or other consideration.  I understand and agree that all photos will become the property of Coast DIY, LLC and will not be returned.  I hereby irrevocably authorize Coast DIY, LLC and its representatives to edit, alter, copy, exhibit, publish, or distribute these photos for lawful purpose.  In addition, I waive any right to inspect or approved the finished product wherein my likeness appears.  Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo.

 

PARTICIPANT AND/OR THE UNDERSIGNED PARENT OR GUARDIAN ON BEHALF OF PARTICIPANT HAS CAREFULLY READ THE FOREGOING WAIVER AND RELEASE, UNDERSTANDS ITS CONTENTS, AND SIGNS/ ACCEPTS THIS WAIVER AND RELEASE VOLUNTARILY. PARTICIPANT AND/OR THE UNDERSIGNED PARENT OR GUARDIAN UNDERSTAND AND AGREE THAT THIS WAIVER AND RELEASE IS A BINDING LEGAL CONTRACT, AND THAT BY SIGNING or ACCEPTING THIS WAIVER ONLINE, THIS CONTRACT PARTICIPANT AND/OR THE UNDERSIGNED 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 UNDERSIGNED PARENT OR GUARDIAN ACKNOWLEDGE AND AGREE THAT THEY HAVE HAD SUFFICIENT OPPORTUNITY TO CONSIDER THE TERMS HEREOF AND TO CONSULT LEGAL COUNSEL PRIOR TO SIGNING THIS WAIVER AND RELEASE IF DESIRED.

COAST DIY BAR

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