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 Hand Ventures Inc., an independently owned and operated Franchise of the Brooklyn Robot Foundry operating under the trade name Brooklyn Robot Foundry Rochester (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 acknowledge that participation in the Program involves constructing working robots and other mechanical devices using tools and electrical components, including (without limitation) screwdrivers, scissors, hot glue guns, magnets, batteries, small metal and plastic pieces, and wires. I acknowledge that these activities are inherently hazardous and that risks of my child’s and our guests’ participation in the Program may result in death, disability, physical injury and property damage.
I acknowledge that The Foundry has not taken any measures to confirm the suitability of the Program for my child or any other child participating in the Program and that the Foundry is not responsible for the actions of other children participating in the Program. I acknowledge that by participating in the Program my child will be exposed to the risk of death, disability, physical injury and property damage caused by other children participating in the Program.
I acknowledge that the Program will be conducted at premises that are not owned, leased, operated or otherwise controlled by The Foundry and that The Foundry has not taken any measures to ensure the safety of such premises and has no control over the actions of the employees or agents of the owner, tenant, operator or other person in control of the premises.
I acknowledge that the location 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 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.
Notwithstanding these risks, I acknowledge that my child and our guests are voluntarily participating in the Program with my knowledge of the dangers involved. I hereby agree to accept and assume all risks of illness, personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss arising therefrom, whether caused by the ordinary negligence of The Foundry or otherwise.
By contracting to have the Program, I, for myself, and on behalf of my spouse, children, parents, guardians, heirs, next of kin and any legal and personal representatives, executors, administrators, successors and assigns, expressly waive and release The Foundry, its shareholders, officers, directors, employees, agents, successors, and assigns (collectively, “Releasees”) from any liability, cause of action, claim, demand and damages of any nature whatsoever which I, my heirs, representatives, executors, administrators, and assigns may now have or have in the future against any Releasee, 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 or any guest’s involvement or participation in the Program, including but not limited to a claim of ordinary negligence of The Foundry, any other Releasee, any other participant in the Program, or any owner, lessee, or operator of any premises at which the Program may be conducted and their employees and agents or any other person on such premises. I covenant not to make or bring any such claim against The Foundry or any other Releasee, and forever release and discharge The Foundry and all other Releasees from liability under such claims. This waiver and release do not extend to claims for gross negligence, willful misconduct, or any other liabilities that applicable law does not permit to be released by agreement.
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 acknowledge that I have read and understood all of the terms of this release and that I am voluntarily giving up substantial legal rights, including the right to sue The Foundry and all other Releasees.
I shall defend, indemnify, and hold harmless The Foundry and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, the costs of enforcing any right to indemnification hereunder, and the cost of pursuing any insurance providers, arising out of or resulting from any claim of a third party related to my child’s or any guest’s involvement or participation in the Program, including any claim related to my child’s or any guest’s negligence or the ordinary negligence of The Foundry or any Releasee.
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.
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 and our guests 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.
