RELEASE OF LIABILITY AND WAIVER OF RIGHTS

RELEASE OF LIABILITY AND WAIVER OF RIGHTS

BY SIGNING THIS DOCUMENT, I HEREBY WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE QUEEN K ESSENTIALS, LLC, A FLORIDA LIMITED LIABILITY COMPANY, D/B/A TUFT LYFE.

I desire to participate in a custom rug making workshop with Queen K Essentials, LLC D/B/A Tuft Lyfe at 4243 Sunbeam Road, Suite 7, Jacksonville, FL, 32257, the “Activity.” In consideration of being permitted to participate in the Activity, I hereby agree to all the terms of this Release of Liability and Waiver of Rights (“Release and Waiver”), including all the covenants and agreements listed on the reverse side of this form.

            This Release and Waiver shall be binding upon and enforceable against me, my personal representatives, spouse, assigns, heirs, and next of kin without limitation. It is my desire and intent that the words, terms, provisions, covenants, and remedies contained in this Release and Waiver shall be enforceable to the fullest extent permitted by Applicable Law. If any portion of this Release and Waiver is held invalid, the remainder shall not be affected and shall continue in full legal force and effect. That shall include modifying the Release and Waiver to allow any remaining claims to be waived, released, and indemnified against in the event that the inclusion of any particular provision is found to be invalid or contrary to public policy. The terms of this Release and Waiver shall continue from this date forever. This document constitutes the entire agreement between Queen K Essentials and me supersedes any previous or contemporaneous discussions or agreements between us in respect of these matters.

            I specifically acknowledge and agree that this document is not intended to be a general release subject to limitations and conditions that would otherwise apply under applicable state laws, ordinances, statutes, rules and regulations (“Applicable Law”), and additionally agree to WAIVE ANY AND ALL GENERAL RELEASE LIMITATIONS PROVIDED BY APPLICABLE LAW OR ANY RIGHTS GRANTED TO ME UNDER APPLICABLE LAW. This Release and Waiver shall be construed and interpreted as broadly as possible under the Law of Florida in which the Activity takes place.

I HAVE READ THIS RELEASE AND WAIVER (INCLUDING THE COVENANTS AND AGREEMENTS ON THE REVERSE SIDE), FULLY UNDERSTAND ALL THE TERMS, UNDERSTAND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING BELOW, AND HAVE SIGNED THIS RELEASE (INCLUDING THE COVENANTS AND AGREEMENTS) FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE OR GUARANTEE OF ANY NATURE BEING MADE TO ME.

 

 

COVENANTS AND AGREEMENTS

I hereby irrevocably and unconditionally agree for myself, my personal representatives, my heirs, next-of-kin, insurers, successors, and assigns, as follows:

I.         ASSUMPTION OF RISK

My choice to participate in the Activity is knowing, voluntary, and made for my personal enjoyment. I understand that participation in the Activity involves inherent risks and dangers of accidents, rescue operations, emergency treatment, property loss, damage or theft, serious personal and bodily injury, death, and severe personal and economic losses. These may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, or the condition of the facilities or equipment. This includes, but is not limited to hair getting caught in rug guns or hand getting stabbed, jammed, or cut while using the rug guns or on frames. Further, there may be other risks not known to me or reasonably foreseeable at this time. I understand and I have considered the risks involved, and I voluntarily and freely choose to assume these risks.

II.        RELEASE FROM LIABILITY

I fully and forever release and discharge Queen K Essentials and its respective affiliates, directors, officers, shareholders, employees, agents, and insurers, and all others involved in the Activity from any and all injuries including death, losses, damages, claims, including negligence claims, demands, lawsuits, expenses, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in the Activity, even if it is due to the negligence, injudicious act, omission, or other fault of Queen K Essentials.

III.      INDEMNITY

I will defend, indemnify, hold harmless and reimburse Queen K Essentials from and for all damages, losses, costs, or expenses including legal fees incurred by Queen K Essentials or paid by them to any person including me or my insurers in respect of any accident, injury, including death, loss, or property damage, however caused resulting from, arising out of, or otherwise in connection with my participation in the Activity. I will reimburse Queen K Essentials if anyone makes a claim against Queen K Essentials in connection with my participation in the Activity, including, without limitation, any accident I may be involved in or any injury, loss, damage to me, other parties or property however caused.

IV.       COVENANT NOT TO SUE

I will not initiate any claim, lawsuit, court action or other legal proceeding or demand against Queen K Essentials, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries, including death, losses, or damages sustained by me, other parties or my, or others’ property in connection with my participation in the Activity, and I waive any right I may have to do so. This means that I cannot sue to hold Queen K Essentials responsible for any injury, loss, or damage sustained by me, other parties or my, or others’ property in connection with the Activity, even if it is due to the negligence, injudicious act, omission or other fault of Queen K Essentials. I waive my insurers’ right to make a claim against Queen K Essentials based on payments by insurers to me or on my behalf for any reason. This means my insurers have no rights of subrogation against Queen K Essentials.

V.        MEDICAL EXPENSES

I hereby consent to receive medical treatment which may be deemed necessary in the event of any illness, accident, or injury or medical emergency resulting from or in connection with my participation in the Activity and understand that I am solely responsible for all costs related to such medical treatment, medical transportation and/or evacuation.

VI.       REPRESENTATIONS

I am in good health, in proper physical condition, and I do not have any medical or other conditions that would impair my ability to ride in a vehicle or otherwise participate in the activity. If at any time I believe conditions to be unsafe or that I am no longer in proper physical condition to participate in the Activity, I will immediately discontinue further participation in the Activity.

VII.     COVENANTS

I will follow any and all instructions, recommendations, and cautions of Queen K Essentials at all times during the Activity, including, without limitation, in respect of my use of any equipment at the Activity or other participation in the Activity. I will comply with all Applicable Laws while participating in the Activity. I will operate all equipment at the Activity in a safe manner and will observe all traffic laws. I will not be under the influence of any alcohol or illegal drug, or any intoxicant, narcotic, prescription medicine, or other drug, which would impair my ability to participate in the Activity.  I will inform Queen K Essentials of any medical conditions, of any kind, that would impair my ability to participate in the Activity.

VIII.   JURISDICTION

I understand that this Agreement shall be governed and interpreted in accordance with the laws of the State of Florida. I agree to submit to the exclusive jurisdiction and venue of the federal and state courts of the State of Florida in any action arising out of a dispute under or in connection with this Release of Liability and Waiver of Rights.

IX.       PUBLICITY

I hereby grant Queen K Essentials, without limitation, the right to use my name and likeness in connection with the Activity for any publicity without further compensation or permission.

BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE COVENANTS AND AGREEMENTS AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE QUEEN K ESSENTIALS.

Consent to the Foregoing is demonstrated by fully completing the following page.

 

Signature:                                                                                             Date: __________________

 

Printed Named:                                                                      

 

Guardian (if under 18):