Liability Waiver
In consideration for gaining access to and engaging the services of JEL Adventures LLC dba Tiaras & Tea Parties including their respective franchisees, members, managers, directors, officers, employees, agents and representatives (Tiaras & Tea Parties) on behalf of myself, my spouse, children, parents/guardians, heirs, assigns, personal representatives, estate and insurers, if any, I agree as follows:
I acknowledge that my participation in a Tiaras & Tea Parties event and activities entails known and unanticipated risks that could result in physical or emotional injury, including, but not limited to, bodily injury or property damage. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the event and activities. I expressly agree and promise to accept and assume all of the risks existing in such event and activities. My participation in such event and activities is purely voluntarily and I elect to participate notwithstanding such risks.
If I am injured, I acknowledge that I may require medical assistance, which I understand will be at my own expense or the expense of my personal insurer(s). I hereby represent and affirm that I have adequate and appropriate insurance to provide coverage for such medial expense. I UNDERSTAND THAT TIARAS & TEA PARTIES WILL NOT PAY FOR ANY COST OR EXPENSE INCURRED BY ME IF I AM INJURED UNLESS SUCH INJURY WAS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF TIARAS & TEA PARTIES.
I release and discharge Tiaras & Tea Parties of and from any and all claims, demands, causes of action, and legal liability, whether the same be known or unknown, anticipated or unanticipated, due to Tiaras & Tea Parties resulting from my participation in a Tiaras & Tea Parties event or activities, other than directly and solely resulting from Tiaras & Tea Parties gross negligence or willful misconduct. Further, I shall not bring any claim, demand, lawsuit, legal or administrative action against Tiaras & Tea Parties in respect of any of the foregoing. Should Tiaras & Tea Parties be required to incur attorneys fees, expenses or other costs to enforce this Agreement, I agree to indemnify and hold Tiaras & Tea Parties harmless for all such fees, expenses or other costs.
I certify that I am physically able to participate in all Tiaras & Tea Parties events and activities. I have been informed of the rules governing my participation in Tiaras & Tea Parties events and activities (the "rules") and that failure to follow the rules could result in being removed from such event or activity.
If any term, condition or provision, or any portion of this Agreement is determined to be invalid or unenforceable under any statute or rule of law, such provision shall be enforced to the maximum extent possible to give effect thereto, and the remainder of this Agreement shall remain in full force and effect to the maximum extent permissible without being impaired or invalidated in any way. This Agreement shall be governed by and construed in accordance with the laws of Texas without regard to the conflict of laws provisions thereof.
Photo Release: Permission to Use Photograph
I grant to Tiaras & Tea Parties, its representatives and employees the right to take photographs of me and my property in connection with the above-identified subject. I authorize Tiaras & Tea Parties, its assigns and transferees to copyright, use and publish the same in print and/or electronically. I agree that Tiaras & Tea Parties may use such photographs of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and Web content.
I also attest that I am 18 years of age or older (Persons under 18 cannot sign up for Events/Birthdays directly and must have a parent or guardian register them for the Event/Birthday).
By acknowledging this Agreement, I acknowledge that I have had sufficient opportunity to read this entire Agreement and voluntarily agree to be bound by its terms.
