I agree to the following terms:
I represent that I am the parent or legal guardian of the child for whom I am contracting to have a party or similar event (hereinafter the “Program”) by or with Luminary Journeys, LLC, an independently owned and operated Franchise of the Brooklyn Robot Foundry operating under the trade name Brooklyn Robot Foundry Collin County (hereinafter “The Foundry”). I will be present for the entire Program.
I hereby certify that my child and our guests are in good health and have no limitations that, with or without a reasonable accommodation, would preclude their safe participation in the Program. I hereby give my authorization and approval for my child and any child who attends the Program to participate in any and all of the activities of the Program. I further acknowledge and agree that participation in the Program involves constructing working robots and other mechanical devices and, further, that these activities are inherently hazardous and that risks include physical injury and property damage. Specifically, children will be using tools and electrical components in the Program, including screwdrivers, magnets, batteries, small metal and plastic pieces, and wires.
I further acknowledge that the above list is not inclusive of all possible risks associated with the program and that the above list in no way limits the extent or reach of this release.
By contracting to have the Program, I agree to release, indemnify and hold harmless on behalf of myself, my heirs, representatives, executors, administrators, and assigns The Foundry, its officers, agents and employees from any cause of action, claims, or demands of any nature whatsoever, including but not limited to a claim of negligence, which I, my heirs, representatives, executors, administrators, and assigns may now have or have in the future against The Foundry, on account of any personal injury, property damage, death or accident of any kind arising out of or in any way related to my child’s enrollment in the Program. For the sake of clarity, I understand that this indemnification and hold harmless clause applies not only to claims that I or my child may have but to claims brought by any other children or their representatives that are in any way related to or concern the Program.
I understand that if the Program is held within my home or venue of my choosing, I will be present for the full duration of the Program. I acknowledge that the venue at which the Program is being conducted may be open to the public and that the Foundry will not have exclusive use of such premises for the Program and that the Foundry has no control over the actions of other persons who may be present on the premises while the Program is being conducted.
I acknowledge that the Program may involve recreational activities other than constructing working robots and other mechanical devices (including physical activities) and that I have informed myself to the degree that I deem necessary of the general nature of these activities and I have determined that such activities are suitable for my child.
Through my acceptance below, I acknowledge that I have read this Agreement and understand that it includes an assumption of the risk and a release of liability. I understand that The Foundry is relying on this waiver in allowing my child to participate in the Program.
Other Policies
I understand that The Foundry reserves the right to stop the party completely if one or more children are behaving in a manner that is dangerous to themselves or others or is generally disruptive to the Program. Any decision made by the Foundry in this regard will be in The Foundry’s sole discretion. The Foundry asks that the parent/guardian disclose all pertinent information regarding their child’s past school experiences and/or behavior so we may help you decide if our session is appropriate for the child. If the parent withholds information pertaining to special needs, behavioral, physical, or other, and it is determined that The Foundry is not appropriate for your child, refunds will not be given. If we find out that your child does not meet the age requirements for the session, your child may be asked to leave, and no refund will be made. Similarly, if your child is asked to leave the session for any reason, no refund will be made.
Agreement
I agree that the Program can not take place until this release has been signed. I have read and understand the above information and agree to its terms.
Intellectual Property Acknowledgement
I understand that any project I or my child create, see, or have explained to us by the teachers at The Foundry is based on work product and intellectual property owned and developed by Brooklyn Robot Foundry IP LLC over many years. Moreover, I understand that the materials, including but not limited to handouts and images, provided in connection with any project or course at The Foundry and its affiliates, whether provided or displayed in digital or physical copy, are subject to copyright protection and are not to be copied without authorization. I acknowledge and agree that The Foundry and its affiliates have a legitimate business interest in the protection of the techniques, methods, and projects disclosed to me in the classes or other programs at The Foundry. I understand, acknowledge, and agree that I am prohibited from using or disclosing any of these techniques, methods, or projects for monetary gain without Brooklyn Robot Foundry IP LLC’s express prior written consent. I understand, acknowledge, and agree that the course and project materials provided by The Foundry are the copyright of Brooklyn Robot Foundry IP LLC and that I may not copy, reproduce, distribute, perform, or display such works, or create derivative works from said works, without Brooklyn Robot Foundry IP LLC’s express prior written consent.
GOVERNING LAW — B2C.
This Agreement is governed by the laws of the State of Texas. BEFORE MAKING ANY FORMAL CLAIM, THE PARTIES SHALL PARTICIPATE IN GOOD-FAITH MEDIATION IN COLLIN COUNTY, TEXAS with a mutually agreed mediator (or, if none is agreed within 15 days, a mediator appointed by the American Arbitration Association “AAA”). If the dispute is not resolved within 45 days of the initial mediation request, THE DISPUTE SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AAA UNDER ITS CONSUMER ARBITRATION RULES, held in Collin County, Texas, BEFORE A SINGLE ARBITRATOR. CLASS OR COLLECTIVE ARBITRATION IS NOT PERMITTED. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL. Either party may seek injunctive or other equitable relief in court to protect safety or intellectual property. Judgment on the award may be entered in any court with jurisdiction.
WAIVER & RELEASE.
FOR MYSELF, MY CHILD, AND OUR HEIRS, EXECUTORS, ADMINISTRATORS, REPRESENTATIVES, AND ASSIGNS, I RELEASE AND DISCHARGE BROOKLYN ROBOT FOUNDRY COLLIN COUNTY, ITS OWNERS, EMPLOYEES, CONTRACTORS, AND AGENTS (THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF ACTION NOW EXISTING OR HEREAFTER ARISING, INCLUDING FOR PERSONAL INJURY, ILLNESS, BODILY INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, OR DEATH, ARISING OUT OF OR RELATING TO (A) MY CHILD’S ENROLLMENT, ATTENDANCE, PARTICIPATION IN, OR OBSERVATION OF THE PROGRAM; (B) THE USE OF TOOLS, EQUIPMENT, MATERIALS, OR SUPPLIES; (C) MY CHILD’S PRESENCE IN OR ABOUT ANY PROGRAM PREMISES (INCLUDING HOSTED HOMES, SCHOOL FACILITIES, AND RENTED VENUES); OR (D) THE ACTS OR OMISSIONS OF OTHER PARTICIPANTS, GUESTS, OR HOSTS — INCLUDING, TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, THE NEGLIGENCE OF ANY RELEASED PARTY (BUT EXCLUDING GROSS NEGLIGENCE OR WILLFUL MISCONDUCT). THIS RELEASE IS INTENDED TO BE AS BROAD AND INCLUSIVE AS TEXAS LAW PERMITS.
INDEMNITY / HOLD HARMLESS.
I AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, SETTLEMENTS, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ASSERTED BY OR ON BEHALF OF ME, MY CHILD, OR OUR HEIRS/EXECUTORS/ADMINISTRATORS/REPRESENTATIVES/ASSIGNS, OR BY ANY THIRD PARTY, ARISING OUT OF OR RELATING TO MY CHILD’S PARTICIPATION IN THE PROGRAM OR MY BREACH OF THIS AGREEMENT, EXCLUDING ONLY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A RELEASED PARTY.
