PLEASE READ CAREFULLY. THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR
LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE. DO NOT AGREE TO IT UNLESS
YOU HAVE READ AND UNDERSTOOD IT IN FULL.
1. THE PARTIES AND THE ACTIVITY
This agreement is between Hue Lab (the "Studio", together with its
owners, members, managers, officers, employees, instructors, teaching
assistants, volunteers, contractors, and agents, collectively the
"Released Parties") and the person who signs below (the "Signer"), on
behalf of the person who will take part (the "Participant").
The "Activity" means everything the Participant does in connection
with the Studio: art classes, workshops, camps, open-studio sessions,
exhibitions, demonstrations, and field trips; the use of Studio
premises, furniture, tools, equipment, and materials; and arrival at,
presence on, and departure from the Studio's premises.
2. ASSUMPTION OF RISK
The Signer understands that art instruction is a hands-on physical
activity carrying risks that cannot be eliminated no matter how
carefully the Studio operates. These risks include, without
limitation:
(a) Cutting, puncture, and abrasion injuries from craft knives,
carving tools, wire, scissors, blades, armatures, and broken
glass or ceramic;
(b) Burns and heat injury from kilns, kiln furniture, heat guns, hot
plates, wax, soldering equipment, and recently fired work;
(c) Exposure to paints, inks, glazes, solvents, thinners, adhesives,
fixatives, resins, dyes, mediums, aerosols, and cleaning agents,
including exposure by skin contact, inhalation, ingestion, or eye
contact, and including allergic and sensitivity reactions;
(d) Inhalation of airborne dust, including silica-bearing clay dust,
pastel and charcoal dust, and sanding or plaster dust;
(e) Strain, sprain, and crush injuries from lifting or moving clay,
stone, frames, boards, easels, presses, and other heavy items;
(f) Slips, trips, and falls, including on wet, painted, or debris-
covered floors;
(g) Electric shock and mechanical injury from powered equipment,
including pottery wheels, presses, mixers, and hand tools;
(h) Injury caused by the acts or omissions of other participants,
visitors, or third parties;
(i) Damage to, staining of, or destruction of clothing, footwear,
eyewear, jewellery, electronic devices, and other personal
property; and
(j) Illness transmitted through shared tools, materials, surfaces, or
close contact.
THE SIGNER KNOWINGLY AND FREELY ASSUMES ALL SUCH RISKS, BOTH KNOWN
AND UNKNOWN, AND ASSUMES FULL RESPONSIBILITY FOR THE PARTICIPANT'S
PARTICIPATION.
3. RELEASE AND WAIVER OF CLAIMS, INCLUDING CLAIMS OF NEGLIGENCE
IN CONSIDERATION OF BEING PERMITTED TO TAKE PART IN THE ACTIVITY, THE
SIGNER RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE THE
RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS,
LOSSES, LIABILITIES, COSTS, AND EXPENSES — INCLUDING CLAIMS FOR
PERSONAL INJURY, BODILY INJURY, ILLNESS, DEATH, AND PROPERTY DAMAGE —
ARISING OUT OF OR RELATING TO THE ACTIVITY, EVEN WHERE SUCH CLAIMS
ARE CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF ANY OF
THE RELEASED PARTIES.
THE SIGNER UNDERSTANDS THAT THE WORD "NEGLIGENCE" IN THE PARAGRAPH
ABOVE MEANS THE FAILURE OF THE RELEASED PARTIES TO USE REASONABLE
CARE, AND THAT BY AGREEING TO THIS DOCUMENT THE SIGNER IS GIVING UP
THE RIGHT TO BRING A CLAIM FOR SUCH FAILURE.
4. WHAT THIS AGREEMENT DOES NOT WAIVE
This agreement does not release, and is not intended to release, any
of the following, and nothing in it should be read to do so:
(a) Gross negligence, or conduct falling greatly below the standard
established by law for the protection of others, which cannot be
released in advance under Washington law;
(b) Reckless, wilful, wanton, or intentional misconduct;
(c) Any liability that applicable law does not permit to be released;
and
(d) The Participant's own claims, where the Participant is a minor.
See section 5.
5. MINOR PARTICIPANTS
Where the Participant is under 18 years of age, the Signer represents
that they are the Participant's parent or legal guardian and have
authority to sign on the Participant's behalf.
THE SIGNER IS ADVISED, AND THE STUDIO ACKNOWLEDGES, THAT UNDER
WASHINGTON LAW A PARENT OR GUARDIAN CANNOT WAIVE A MINOR CHILD'S OWN
FUTURE CLAIM FOR PERSONAL INJURY CAUSED BY ANOTHER PARTY'S
NEGLIGENCE. Sections 3 and 6 therefore apply only to the claims the
Signer holds in their own right — including the Signer's claims for
medical expenses, loss of services, and loss of the Participant's
companionship — and do not extinguish any claim belonging to the
minor Participant.
The Signer's remaining obligations in this document — the assumption
of risk in section 2, the consent to medical treatment in section 7,
and the acknowledgements in sections 8 through 10 — apply in full.
6. INDEMNITY
To the extent permitted by law, and subject to sections 4 and 5, the
Signer agrees to indemnify and hold the Released Parties harmless
from any claim, loss, or expense — including reasonable attorneys'
fees — brought by or on behalf of the Signer arising out of the
Activity, and from any claim arising out of damage the Participant
causes to the property of the Studio or of another person.
7. MEDICAL TREATMENT AND HEALTH DISCLOSURE
The Signer authorises the Studio to arrange emergency medical care
for the Participant if the Signer cannot be reached, and agrees to be
responsible for the cost of that care. The Signer confirms that the
Participant has no medical condition, allergy, or sensitivity that
makes participation unsafe, other than any the Signer has disclosed
to the Studio in writing. The Signer will tell the Studio promptly if
that changes.
The Studio does not provide medical insurance for participants. The
Signer is responsible for the Participant's own health coverage.
8. PERSONAL PROPERTY AND CLOTHING
Art materials stain permanently. The Signer accepts that clothing,
footwear, and personal effects brought to the Studio may be marked or
ruined, and that the Released Parties are not responsible for damage
to, or loss or theft of, personal property brought onto the premises.
9. STUDIO RULES
The Signer agrees that the Participant will follow the Studio's
safety rules and staff instructions, will use tools, equipment, and
materials only as directed, and will not take part while impaired.
The Studio may end a person's participation, without refund, for
conduct that endangers that person or anyone else.
10. GENERAL
(a) Governing law and venue. This agreement is governed by the laws
of the State of Washington. Any action relating to it shall be
brought in the state courts located in King County, Washington.
(b) Severability. If any provision of this agreement is held
unenforceable, that provision shall be narrowed to the minimum
extent necessary, or severed if it cannot be narrowed, and every
remaining provision shall continue in full force. The parties
intend this agreement to be given the broadest effect the law
allows.
(c) Entire agreement. This document is the entire agreement between
the parties on its subject and replaces any prior understanding
about it.
(d) Duration. This agreement is continuing. It applies to the
Activity on and after the date it is signed, until the Studio
publishes a revised version and the Signer agrees to that
version.
(e) Controlling language. This document may be presented in English
and in Chinese. The Chinese text is a courtesy translation. IF
THE TWO VERSIONS DIFFER, THE ENGLISH TEXT CONTROLS.
11. ELECTRONIC SIGNATURE
The Signer consents to sign this agreement electronically and to
receive records relating to it electronically, under the federal
E-SIGN Act and the Washington Uniform Electronic Transactions Act,
chapter 1.80 RCW. The Signer understands that typing their full name
and checking the box of agreement has the same legal effect as a
handwritten signature on paper.
A copy of this agreement, as signed, will be emailed to the Signer
and remains available in the Signer's account. The Signer may request
a paper copy from the Studio at any time at no charge, and may
withdraw consent to electronic records by contacting the Studio,
although doing so may mean bookings can no longer be completed
online.
12. ACKNOWLEDGEMENT
BY TYPING THEIR NAME AND CHECKING THE BOX BELOW, THE SIGNER CONFIRMS
THAT THEY HAVE READ THIS ENTIRE AGREEMENT, THAT THEY UNDERSTAND IT,
THAT THEY HAVE HAD THE CHANCE TO ASK QUESTIONS ABOUT IT, THAT THEY
ARE AGREEING TO IT FREELY, AND THAT THEY ARE GIVING UP SUBSTANTIAL
LEGAL RIGHTS BY DOING SO.