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Copyright 2023 Pinspiration® |
Effective as of April 4, 2022
Please carefully read the following because it is a legally binding contract.
This Waiver and Release is for the benefit of Pinspiration Franchise Group, LLC d/b/a Pinspiration, a Delaware limited liability company, (the “Company”) and all of the Company’s franchisees and licensees, and any and all of their respective officers, directors, managers, owners, employees, and agents (hereinafter collectively referred to as the “Pinspiration Group” which includes Company). The Pinspiration Group’s locations offer a social bar (an area within the store) where people can gather to create unique do-it-yourself art and design projects. It provides participants the facilities, supplies and tutorials to create and take home art and design projects while they simultaneously enjoy the social setting of a bar atmosphere and, at their personal election and sole responsibility, may choose to engage in imbibing alcoholic beverages offered at certain locations as available on the premises of the Company’s owned and franchised locations. If Participant consumes alcohol, then Participant expressly agrees he/she is over the legal age and assumes all responsibility therein. In addition, the Pinspiration Group may offer customers the option to engage the Company’s services at a customer’s home or another venue secured by the customer. The Pinspiration Group offers its facilities, and its services and/or products, regardless of location, on the express condition that each participant (customer) agrees to execute this Waiver and Release. In consideration of the agreement by the Pinspiration Group to permit the individual (or individuals) named below (individually and collectively, the “Participant”) to use its facilities, other locations, services and/or products and participate in activities and programs related thereto, the Participant (and/or the undersigned parent or guardian of the Participant, who shall also be considered a Participant for purposes hereunder) hereby voluntarily acknowledges, understands and agrees to all of the following terms and conditions:
1. Participants’ Assumption of All Known and Unknown Risks. Participant understands, acknowledges and agrees that use of the facilities, services and/or products offered by the Pinspiration Group may present certain significant risks or dangers, both known and unknown, to Participant, including but not limited to any or all of the following: risks associated with the use of art supplies such as damage or staining of clothing and other property; risks associated with the use of alcohol; risks associated with allergies or sensitivities; risks associated with the use of alcohol in conjunction with tools or other equipment; risks associated with the use of cutting tools such as knives, scissors, chisels, handheld saws or other types of blades; risks associated with use of sharp tools and other sharp objects such as needles, nails, screws, leather punches, etc.; risks associated with use of high temperature tools such as hot glue guns, clothing irons, soldering irons, irons for melting wax, etc.; risks associated with use of open flames such as candles, matches, lighters, torches, etc.; risks associated with use of hammers; risks associated with use of potentially poisonous, toxic or dangerous substances or chemicals (including the risk of mislabeling and/or misidentification); risks associated with use of tools that could result in electric shock such as irons, drills, lights, etc.; risks associated with improper instruction, guidance or supervision related to the facilities, services and/or products of the Pinspiration Group, and any and all other risks that may be otherwise associated with the facilities, services and/or products of the Pinspiration Group. These risks include the risk of death, serious bodily injury, emotional harm, property loss or damage and/or other pecuniary harm. PARTICIPANTS’ USE OF THE FACILITIES, SERVICES AND/OR PRODUCTS OF THE PINSPIRATION GROUP (WHETHER ON-SITE OR NOT) IS AT PARTICIPANTS’ OWN RISK. PARTICIPANT AND/OR THE UNDERSIGNED PARENT OR GUARDIAN OF THE PARTICIPANT HEREBY ASSUMES FULL AND EXCLUSIVE RESPONSIBILITY FOR ALL RISKS OF BODILY INJURY, DEATH, EMOTIONAL HARM, PROPERTY LOSS OR DAMAGE AND/OR OTHER PECUNIARY HARM INCURRED WHILE PARTICIPANT IS AT THE FACILITIES OF THE PINSPIRATION GROUP AND/OR WHICH ARISE DIRECTLY OR INDIRECTLY FROM PARTICIPANTS’ USE OF THE FACILITIES, SERVICES AND/OR PRODUCTS OF THE PINSPIRATION GROUP, WHETHER AT PARTICIPANT’S HOME OR ANOTHER LOCATION, WHETHER OR NOT CAUSED BY THE ACTS OR OMISSIONS, NEGLIGENT OR OTHERWISE, OF PARTICIPANT, OTHER PARTICIPANTS, THE PINSPIRATION GROUP AND ANY OFFICER, DIRECTOR, MANAGER, OWNER, EMPLOYEE OR AGENT OF THE PINSPIRATION GROUP. YOU ARE RESPONSIBLE TO ADVISE OUR STAFF OF ANY ALLERGIES OR SENSITIVITIES BEFORE ANY ACTIVITIES ARE STARTED.
2. Waiver and Release of All Claims; Covenant Not to Sue. In consideration of being permitted access to the facilities, services and/or products of Pinspiration Group, Participant and/or the undersigned parent or guardian, for himself or herself, and for his or her heirs, executors, successors, assigns, legal representatives, spouse, ex-spouse, and agents, to the fullest extent allowed by law, expressly intends to release and waive, and by execution of this Waiver and Release does hereby release, waive and forever discharge Pinspiration Group and its affiliates, predecessors, successors, assigns, subsidiaries, managers, members, owners, officers, directors, employees, agents, attorneys, insurers, and representatives (individually and collectively, the “Releasees”), without reservation or condition, from and against any and all liability, claims, demands, actions, or causes of action which Participant and/or the undersigned parent or guardian may now have, ever had, hereafter have or claim to have against any or all of the Releasees, known or unknown, in any way related to Participants’ use of the facilities, services and/or products of Pinspiration Group, and Participant and/or the undersigned parent or guardian further waives any and all rights he or she may now have, ever had, hereafter have or ever claim to have in the same. Participant and/or the undersigned parent or guardian expressly agree and covenant that, to the extent permitted by applicable local, state and federal law, neither Participant nor the undersigned parent or legal guardian, Participants’ heirs, executors, successors, assigns, legal representatives or agents will (i) commence, prosecute, or cause to be commenced or prosecuted against the Releasees, or any of them, any action or other proceeding based upon or related to any claim which is released hereby, or (ii) seek to challenge the validity or enforceability of this Waiver and Release.
3. Indemnification. Participant and/or the undersigned parent or guardian hereby agree to fully indemnify Releasees and each of them from and against any and all losses, claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) (collectively “Claim” or “Claims”), incurred by the Participants and Releasees or any of them due to or arising in any way from Participants’ use of the facilities, services and/or products of Pinspiration Group, whether the same is caused by the negligence of any of the Releasees or otherwise, and regardless of whether or not suit is filed in connection therewith.
4. Use of Facilities, Services and Products. Participant hereby agrees to comply with all applicable laws and ordinances and all rules, policies and directives of Pinspiration Group while Participant is using the facilities, services and/or products of Pinspiration Group, and Participant hereby agrees to read and comply with any and all rules, regulations and restrictions which may be posted or communicated by Pinspiration Group with respect to the permitted use of its facilities, services and/or products. Participants’ compliance with any or all of the foregoing shall not in any way affect the enforceability of this Waiver and Release.
5. Disclaimer of Warranties; Exclusion of Remedies. ALL OF PINSPIRATION GROUP’S PRODUCTS AND SERVICES ARE SOLD “AS IS” TO PARTICIPANT, AND PINSPIRATION GROUP HEREBY FOREVER DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO ANY AND ALL OF THE PRODUCTS AND SERVICES, INCLUDING ANY WARRANTY IMPLIED BY LAW, WHETHER OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED AND EXCLUDED. PARTICIPANT SHALL NOT BE ENTITLED TO COLLECT, AND IN NO EVENT SHALL PINSPIRATION GROUP BE LIABLE FOR, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ALL OF WHICH ARE SPECIFICALLY EXCLUDED HEREBY.
6. Participant’s Age. Participant hereby represents that, at the time of execution of this Release and Waiver, he or she is eighteen (18) years of age or older; or, if Participant is under the age of eighteen (18) years, the undersigned parent or guardian represents and warrants that he or she is the parent or legal guardian of the Participant with full legal right and capacity to execute this Waiver and Release on behalf of Participant, and such parent or guardian assumes all responsibility for the safety of Participant, and jointly and severally executes this Waiver and Release both on his or her own behalf, and on behalf of the Participant. The Participant and the undersigned parent or guardian expressly agree to be bound by all of the terms and conditions of this Waiver and Release, including but not limited to Sections 1-5 hereof.
7. Media Release. Participant consents to Pinspiration Group’s use of images such as photographs and videos of Participant for promotion and social media purposes and hereby releases Pinspiration Group from any causes of action relating to use of same. Participant understands these images may be used for a variety of purposes and may appear in promotional materials published by or on behalf of Pinspiration Group, including on websites and social media sites, without prior permission of Participant. Because anyone can download an image from the Internet or make copies from printed materials, Participant agrees that Pinspiration Group is not responsible for unauthorized use of the images and, in no scenario, is Participant entitled to any compensation from Pinspiration Group for authorized or unauthorized uses of the images.
8. Parties. A non-refundable deposit is required at the time of booking a party. For kids’ parties, all children over 12 months and under ten (10) years (including siblings) are counted toward guest total. Party packages are for a minimum of ten (10) guests and an extra fee applies for each additional party guest. Due to insurance provisions, party guests may only attend if they sign this Waiver and Release. We recommend that hosts and party guests do not bring valuables when attending a party. Pricing and project availability are subject to change.
9. Intended Third-Party Beneficiary. It is agreed and understood by the Participant and/or the undersigned parent or guardian that Pinspiration Group’s franchisees and/or licensees are intended third-party beneficiaries of this Agreement and that Pinspiration Group’s franchisees and/or licensees, and their respective owners, officers, employees, agents, and representatives, may rely upon this Agreement as a complete waiver and release of any liability and receive the benefit of all provisions set forth herein.
10. Miscellaneous. This Waiver and Release shall be governed by the laws of the State of Florida without regard to conflict of laws principles. Venue for any proceeding relating to the provisions hereof or relating to the Participants’ use of the facilities, services and/or products of Pinspiration Group shall be brought in the courts of record of the State of Florida in Palm Beach County, or the United States District Court for the Southern District of Florida, and Participant and/or the undersigned parent or legal guardian hereby expressly consents to the exclusive personal jurisdiction of such court over him or her and the venue of such court. Should any action, dispute or claim arise out of this Waiver and Release, Pinspiration Group, if it is the prevailing party, shall be entitled to recover all of its attorney’s fees and costs associated with the enforcement of this Waiver and Release. For clarity, anywhere it states Participant and/or the undersigned parent or guardian, the intent is that when a parent or guardian signs on behalf of a minor Participant (or Participants), then the ‘and’ applies and both (or all) are responsible for adherence to the terms and conditions herein. For further clarity, a parent or guardian may sign this on behalf of two (2) or more minors and all terms and conditions herein shall apply to all Participants listed, including parent or guardian. This Waiver and Release constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof, and supersedes any and all prior and contemporaneous understandings, agreements, commitments, and representations, whether oral or written. No force or effect shall be accorded any prior written or oral representations, promises, agreements, or understandings which are not contained in this Waiver and Release. If any portion of this Waiver and Release shall be held by a court of proper jurisdiction to be indefinite, invalid or otherwise unenforceable, the entire Waiver and Release shall not fail on account thereof, and the balance of this Waiver and Release shall continue in full force and effect. Projects left at Pinspiration Group for pick up and not retrieved after 21 days will be discarded. Neither Pinspiration Group nor its individual staff members are responsible for lost or stolen items. There are no guarantees as to results of any given project.
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 UNDERSTANDS AND AGREES THAT THIS WAIVER AND RELEASE IS A BINDING LEGAL CONTRACT, AND THAT BY SIGNING OR ACCEPTING THIS WAIVER ONLINE, THE 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.
Effective as of April 11, 2022
Please carefully read the following because it is a legally binding contract.
This online course & class agreement (the “Agreement”) is for the benefit of Pinspiration Franchise Group, LLC d/b/a Pinspiration, a Delaware limited liability company, (the “Company”) and all of the Company’s franchisees and licensees, and any and all of their respective officers, directors, managers, owners, employees, and agents (hereinafter collectively referred to as the “Pinspiration Group” which includes Company). This Agreement is between you and the Pinspiration Group.
Pinspiration Group is excited to offer courses and classes that may be taken online in the location of your choice. By signing up and/or participating in a class or course (hereinafter collectively referred to as the “Course”) you expressly agree to: (i) the terms and conditions of this Agreement so please review them closely before you sign up; and (ii) the Pinspiration Waiver & Release, which is hereby incorporated by reference into this Agreement.
In consideration of the agreement by the Pinspiration Group to permit the individual (or individuals) named below (individually and collectively, the “Participant” or “You”) to have access to the Course, suggested and recommended materials and/or products, and participate in activities and programs related thereto, the Participant (and/or the undersigned parent or guardian of the Participant, who shall also be considered a Participant for purposes hereunder) hereby voluntarily acknowledges, understands and agrees to all of the following terms and conditions:
Your Use of the Course / Intellectual Property Ownership. Participant understands, acknowledges and agrees that the Course and all related videos, handouts, materials, instructions, and methods (“Course Materials”) are proprietary to the Company, and You agree to only use the Course and Course Materials for your personal & non-commercial use and your personal entertainment as described herein. For clarity, purchase of the Course is for one (1) person (individual) only. You agree not to share your access to the Course or Course Materials with any third party who does not sign up for the Course. In the event You decide to purchase a Course for more than one (1) Participant, then You agree to have every person sign up individually as appropriate. For clarity, if other Participants are minors under the age of eighteen (18) years of age, You agree to ensure each minor’s legal guardian or parent signs up separately. If You purchase or use a Course with the intent to use it for more than yourself, then You agree to have each Participant sign up separately. In any event, by purchasing or using the Course and/or the recommended Course Materials, You agree to be solely and exclusively responsible for all damage and harm, whether to a person or personal property, arising from use of the Course or Course Materials. See the Pinspiration Waiver & Release for more details.
Pinspiration Group hereby grants You a personal, limited, revocable, non-exclusive, non-transferable license to use the Course and Course Materials. What You create is your own, and You may display, gift or sell your single (individual) creation as You wish. You may not use the Course or the Course Materials for commercial purposes; this means You may not sell, resell, produce, reproduce, publish, or sublicense the Course or the Course Materials, nor create derivatives thereof, nor create a business using those or the resulting Course creations for mass production sales. To do so would be a violation of this Agreement and would cause immediate damage to Pinspiration Group where monetary damages may be an inadequate remedy. Therefore, Pinspiration Group, without limiting any other available remedies, may immediately obtain and enforce injunctive relief against You without having to prove damages or post a bond.
Company is the sole and exclusive owner of all rights, including without limitation moral rights, in and to the Course and Course Materials and all related content and projects, whether such rights are registered or exist at common law. For clarity, this includes without limitation all content, trademarks, copyrights, and patents. Nothing in this Agreement grants any intellectual property or other rights to Participant.
Submissions / Media Release. If You submit any suggestions, recommendations, ideas, photos, or creative contributions of any type to the Pinspiration Group, then You agree to the following: (i) You have no right of confidentiality; (ii) Company shall be the sole owner of any rights to those contributions and can use said contributions for marketing and other purposes without your prior permission and without any compensation owed to You; and (iii) You hereby release such use and shall indemnify Pinspiration Group against all damages, liability, harm and causes of action arising from or in connection with the use of said contributions.
Third Party Course Materials / Affiliate Links. For your convenience, Pinspiration Group may recommend third party materials for use in connection with the Course. Pinspiration Group may also provide links to third party websites so You can purchase some of the materials to use in connection with the Course. In some cases, You understand those links may be affiliate links, and Pinspiration Group may earn a commission if You use these links to buy something. You agree to do your own due diligence before purchasing any such materials and will indemnify Pinspiration Group from your use of same.
Disclaimers / Warranties & Representations. Although Pinspiration Group has created the Course for Participants to achieve desired results, we cannot guarantee results. You understand that your results will depend on your interpretation of the instructions and your use of materials. Pinspiration Group makes no representations or warranties of any kind, express or implied, as to the content of the Course and Course Materials, including without limitation, third party supplies and materials, and to the fullest extent permissible under applicable law hereby disclaims any liability thereof. You understand this, assume all risks, and will hold Pinspiration Group harmless from all damages and liability connected therewith. Notwithstanding anything herein, Pinspiration Group shall only be liable up to the full amount of compensation received by Pinspiration Group for your individual purchase of the Course. You warrant and represent You have the full legal authority to enter into this Agreement and grant all the warranties and representations herein.
Minors. In addition to the other provisions and indemnifications in this Agreement, if You are purchasing the Course for a minor or a group of minors, You agree to closely supervise the minors. You understand You will have to help them with the steps and instructions and agree to undertake this responsibility solely and fully.
Miscellaneous. This Agreement shall be governed by the laws of the State of Florida without regard to conflict of laws principles. Venue for any proceeding relating to the provisions hereof or relating to the Participants’ use of the Course, facilities, services and/or products of Pinspiration Group shall be brought in the courts of record of the State of Florida in Palm Beach County, or the United States District Court for the Southern District of Florida, and Participant and/or the undersigned parent or legal guardian hereby expressly consents to the exclusive personal jurisdiction of such court over him or her and the venue of such court. Should any action, dispute or claim arise out of this Agreement, Pinspiration Group, if it is the prevailing party, shall be entitled to recover all of its attorney’s fees and costs associated with the enforcement of this Agreement. For clarity, anywhere it states Participant and/or the undersigned parent or guardian, the intent is that when a parent or guardian signs on behalf of a minor Participant (or Participants), then the ‘and’ applies and both (or all) are responsible for adherence to the terms and conditions herein. This Agreement, along with the above-referenced Pinspiration Waiver and Release, constitutes the entire understanding and agreement of the parties with respect to the Course. In the event of a conflict of any given term between the Pinspiration Waiver and Release and this Agreement, this Agreement shall govern; otherwise, the terms and conditions of each agreement shall continue to be applicable. Other agreements between the parties may apply as applicable. Participant has not relied on any statements or assertions made by Pinspiration Group. If any portion of this Agreement shall be held by a court of proper jurisdiction to be indefinite, invalid or otherwise unenforceable, the entire Agreement shall not fail on account thereof, and the balance of this Agreement shall continue in full force and effect. The warranties, representations, restrictions, disclaimers, and indemnities herein shall be ongoing. Headings are for convenience only.
Intended Third-Party Beneficiary. It is agreed and understood by the Participant and/or the undersigned parent or guardian that Pinspiration Group’s franchisees and/or licensees are intended third-party beneficiaries of this Agreement and that Pinspiration Group’s franchisees and/or licensees, and their respective owners, officers, employees, agents, and representatives, may rely upon this Agreement as a complete waiver and release of any liability and receive the benefit of all provisions set forth herein.
PARTICIPANT AND/OR THE UNDERSIGNED PARENT OR GUARDIAN ON BEHALF OF PARTICIPANT HAS CAREFULLY READ THE FOREGOING AGREEMENT, UNDERSTANDS ITS CONTENTS, AND SIGNS/ACCEPTS IT VOLUNTARILY. PARTICIPANT AND/OR THE UNDERSIGNED PARENT OR GUARDIAN UNDERSTANDS AND AGREES THAT THIS AGREEMENT, ALONG WITH THE PINSPIRATION WAIVER AND RELEASE, IS A BINDING LEGAL CONTRACT, AND THAT BY SIGNING OR ACCEPTING THIS ONLINE OR IN PERSON, THE 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 PINSPRIATION GROUP. 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 AGREEMENT IF DESIRED.