PARTICIPANT AGREEMENT, ASSUMPTION OF RISK, WAIVER AND GENERAL RELEASE OF LIABILITY, AND INDEMNIFICATIONS.
Please read this document carefully; by signing it, you release, absolve, indemnify your and/or your minor’s legal rights.
In consideration of being allowed to participate in Masterskaya facility (the legal name is Binom LLC, below "Binom LLC" ) services and activities, including, but not limited to various types of activities - art, craft, handwork, using tools, also events such as classes, open sessions, gatherings, camps, and other activities (collectively “ACTIVITIES”), provided by Binom LLC and it’s agents, owners, officers, directors, principals, volunteers, participants, clients, customers, and/or premises owners, and any and all other persons and entities acting in any capacity on its behalf Binom LLC, I, on behalf of myself, and/or on behalf of my minor child/ward, hereby agree to forever release, indemnify and discharge Binom LLC on behalf of myself, my spouse, legal partner, my children, my parents, my guardians, heirs, assigns, personal representatives and estate, and all other persons and entities who could, in any way, represent me or act on my behalf as follows:
(1) ASSUMPTION OF RISK: I acknowledge that I and/or my child/ward, for whom I represent that I have full authority as a parent or legal guardian to bind the minor participant to the agreement, am voluntarily participating in the ACTIVITIES, which I agree are inherently dangerous and entail both known and unknown inherent risks, including the risk of injury, permanent disability, or death, deriving from, but not limited to; equipment malfunctions, lack of supervision slipping, falling or colliding with fixed objects or other people, as well as the negligence and/or omissions committed by me, my child/ward, Binom LLC, and/or any other person and/or entity. In spite of all known or unknown risks, I freely want myself or my child/ward to participate in the ACTIVITIES and as such I assume all of the responsibility for injury, permanent disability, or death that may result, as well as any required medical assistance at my own expense. In the event of an emergency, I acknowledge and authorize Binom LLC to secure from any licensed hospital; physician and/or medical personnel any treatment deemed necessary for me or my child/ward to obtain immediate care and agree that I will be responsible for payment of any and all medical services rendered.
(2) RELEASE OF LIABILITY: Despite all known and unknown risks, I hereby expressly and voluntarily remise, release, acquit, satisfy, and forever discharge Binom LLC on my own behalf, that of my child/ward, and anyone acting on my own behalf or on behalf of my child/ward and agree to hold Binom LLC harmless from all manner of action(s) or omissions committed by Binom LLC, whether the action arises out of any damage, loss, personal injury, permanent disability, or death to me or my child/ward, while participating in any of the ACTIVITIES. This Release of Liability is effective and valid regardless of whether the damage, loss, or death is a result of any negligence, act or omission on the part of Binom LLC.
(3) INDEMNIFICATION:I hereby agree to indemnify and hold harmless from and against any and all losses, liabilities, claims, obligations, costs, damages, and/or expenses whatsoever paid, incurred, and or suffered by Binom LLC, including, but not limited to, any and all attorneys’ fees, costs, damages, and/or judgements Binom LLC incurs in the event that I or my minor child/ward cause any injury, damage, and/or harm to Binom LLC and/or any and all other persons and entities acting in any capacity of Binom LLC.
(4) ATTORNEY’S FEES: I promise to indemnify Binom LLC for any attorneys’ fees and/or other costs incurred to enforce this agreement, including all costs associated with any collection efforts. Further, should any debt and/or judgment accrue in favor of Binom LLC, pre-judgment and post-judgment interest shall accrue thereon at the legal rate.
(5) PHOTO AND VIDEO RELEASE: By entering Binom LLC and participating in the ACTIVITIES, I hereby grant Binom LLC, on behalf of myself and on behalf of my child/ward, the irrevocable right and permission to photograph and/or record me or my child/ward, in connection with Binom LLC and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind.
(6) TERM OF AGREEMENT: I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my child/ward visit Binom LLC, whether at the current location or any other location or facility.
(7) VENUE/ARBITRATION: In the event that a lawsuit is filed against Binom LLC, I agree to the sole and exclusive venue of the County of Santa Clara. I further agree that the substantive law of California 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. Any controversy between the parties hereto involving any claim arising out of or relating to a breach of this agreement shall be submitted to and be settled by final and binding arbitration in the County of Santa Clara, California, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. I understand that by entering into this agreement containing this arbitration provision, I am surrendering and waiving the right I and/or my child/ward would otherwise possess to submit a dispute between Binom LLC and me for resolution by court or jury, including an appeal to a higher court.
By signing this agreement, I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at the Binom LLC (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Binom LLC, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto.
By signing this document, I understand that I may be found by a court of law to have forever waived any right I and/or my child/ward may have to maintain any action against Binom LLC on the basis of any claim from which I have released Binom LLC and any released party herein. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel, or have voluntarily waived my right to do so. I knowingly and voluntarily agree that all releases, waivers, and promises herein are binding on the minor participant(s) listed below, and I further agree that I have full authority as Parent/Guardian to bind the minor participant to this agreement.