The Dynamite Shop

waiver

 

 

THE DYNAMITE SHOP

Consent, Waiver and Release

By agreeing to this Consent, Waiver and Release (“Release”), I acknowledge and agree to the following on behalf of myself and the minor student named below (“Student”), the Student’s other parents/guardians, and other members of my household(s) (collectively, “we,” “us,” or “our”):

Right to Waive: I have the right and ability to enter into this Release and to waive all of our rights and legal claims against Dynamite Media LLC, doing business as The Dynamite Shop, and its owners, officers, members, managers, affiliates, agents and all members of its staff, whether contracted or employed (collectively, “TDS”), on behalf of us. I have confirmed the foregoing with any and all relevant persons, including the Student’s other parents/guardians.

Risks Associated with Cooking Activities: We understand that although TDS prioritizes safety for its students, participation in the cooking classes and other activities hosted by TDS (the “Activities”) involves an inherent risk of injury and illness including cuts, falls, burns, allergic reactions, and other risks associated with preparing and consuming food. We further understand that the Activities may include food preparation, which will require the use of potentially dangerous kitchen equipment such as knives (safety knives where practicable), electric mixers, blenders, gas or electric stoves (induction burners where practicable), microwave ovens, conventional ovens, etc., and that other children or adults will be present during the Activities and working with the same equipment. We elect to allow the Student to participate in these Activities and assume full responsibility for any loss, property damage or personal injury that we or our property may sustain as a result of the Student’s being engaged in such Activities, whether caused by the negligence of TDS or otherwise. we acknowledge that we know of no medical reason why the Student should not participate in the Activities, including, but not limited to food allergies or sensitivities of the Student or anyone in our household(s). In the event of emergency, we give our consent to TDS to provide medical care to the Student or us, and to give authority to any emergency personnel to render immediate aid.

GENERAL RELEASE: IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE ACTIVITIES PROVIDED BY THE COMPANY, WE RELEASE, WAIVE, DISCHARGE TDS FROM, AND COVENANT NOT TO SUE OR BRING ARBITRATION AGAINST TDS FOR, ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS AND CAUSES OF ACTION OF ANY KIND OR NATURE ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE OR INJURY, THAT WE, ANY OF OUR PROPERTY OR ANY OF THESTUDENT’S PROPERTY MAY SUSTAIN RESULTING FROM, OR IN ANY WAY CONNECTED WITH, THE STUDENT’SPARTICIPATION IN SUCH ACTIVITIES, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF TDS AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE. We further agree to indemnify and to hold TDS free and harmless from any loss, liability damage, cost, or expense which they may incur as a result of an injury that we (including, but not limited to, the Student and any other members of our household(s)) may sustain while participating in the Activities.

Grant of Rights: We irrevocably grant to TDS and their licensees, successors, and assigns all rights and consent to copyright, use, re-use, publish or re-publish, copy, exhibit or distribute the still or motion photographs or film taken of me or the Student including my or the Student’s voice, picture, portrait and likeness (the “Images”) in any and all media whether nowknown or hereafter devised, and for any use whatsoever (except illegal or pornographic), including without limitation educational, training, advertising, trade and promotion, in perpetuity and without compensation. We agree that no advertisement, product, replication of the Images or other material need be submitted to us for any further approval and TDS shall be without liability to us or the Student for any distortion or illusionary effect or adverse result to any of us or the Student on account of the use, publication, distribution or broadcast of the Images. We agree that the Images may be combined with other material and may be cropped, altered or modified in any manner whatsoever.

Image Release: We release, discharge and agree to hold harmless TDS from any liability arising out of or in connection with the use, publication, distribution or broadcast of the Images, including any and all claims for defamation and or invasion of privacy or publicity. We acknowledge that TDS is not responsible or liable for any unauthorized use, or piracy of the Images.

I warrant that I am the parent and/or legal guardian of the above-named Student, and have full authority to authorize this Release which we have read and approved. We hereby release and agree to indemnify, defend, and hold harmless TDS from and against any and all liability, including any that arises from my inaccurate agreement to the Right to Waive section above, or any other provision of this Release.

We agree that all disputes, controversies, or claims against TDS and/or arising from this Release shall be submitted to binding arbitration and decided on an individual basis, and not on a class-wide or multiple plaintiff basis or in an action where any of the parties to this Release acts in a representative capacity, unless prohibited by law. Any such arbitration shall be filed with the American Arbitration Association in accordance with its Consumer Arbitration Rules. It is understood that any such arbitration will be final and binding and that by agreeing to arbitration, we are waiving the right to seek remedies in court, including the right to a jury trial. We waive, to the fullest extent permitted by law, any right we may have to a trial by jury in any legal proceeding directly or indirectly arising out of or relating to this Release, whether based in contract, tort, statute (including any federal or state statute, law, ordinance or regulation), or any other legaltheory. It is expressly understood and agreed that: a party’s right to appeal or vacate, or seek modification of, the arbitration award, is strictly limited by law. Questions regarding the enforceability and scope of this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act. Otherwise, the terms of this Release shall be governed by the laws of the State of New York. Unless otherwise agreed by the parties, any arbitration will take place in New York or Kings County, NY. It is acknowledged and agreed that in any such arbitration, each party will be solely responsible for payment of his/her/its own counsel fees, with the costs of arbitration borne equally by the parties.

By signing this Release, I acknowledge that we have carefully read this Release and fully understand its contents. We are aware that this is a release of liability and a contract between myself, including on behalf of the Student, the Student’sother parents/guardians and other members of our household(s) on the one hand, and TDS on the other. We understand that we have the right to have attorneys of our choosing review and advise us as to the terms and conditions of this Release. We acknowledge that this Release constitutes the complete understanding between us and TDS, and supersedes any and all agreements, understandings, and discussions, whether written or oral, between us, including on behalf of the Student, and TDS. In the event any provision or part of this Release is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Release, will be inoperative. No other promises or agreements shall be binding unless in writing and signed by both me and TDS after the date of this Release.