Waiver

The Smitten Kitten, Inc.

A Stitch of Trouble, LLC

Liability Release and Assumption of Risks

 

Please Read Carefully: This is a Legally Enforceable Contract.

YOU MUST BE 18 YEARS OR OLDER TO PARTICIPATE AND WILL BE ASKED FOR ID VERIFICATION OF AGE AT ENTRY

I,  (“Participant,” “I” or “you”) voluntarily apply to participate in the following activities: lessons, workshops, performances or other events (“Activities”) arranged by The Smitten Kitten, Inc. and A Stitch of Trouble, LLC. (“TSK,” “Stitch” “we,” “our,” or “us”) with knowledge that participation in these Activities may involve risks and dangers, including, but not limited to, those associated with rope bondage and suspension activities.

 

ASSUMPTION OF RISK: I acknowledge that I have voluntarily applied to participate
in the Activities with the knowledge of the numerous risks and dangers involved, which include but are not limited to: physical exertion for which I am not prepared; forces of nature; dangers and risks inherent in Activities; emotional trauma; disfigurement; temporary or permanent disability; death; equipment failures; unexpected events; mechanical or construction failures or difficulties; acts of God; insufficient instruction or assistance; or any other actions, omissions, or conditions outside of TSK’s control.

 

RELEASE OF LIABILITY: As lawful consideration and for the right to participate in the Activities arranged for me by TSK, I HEREBY EXPRESSLY AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE AND ASSUME ALL OF THE ABOVE RISKS, INCLUDING BOTH THOSE KNOWN AND UNKNOWN TO ME. As lawful consideration for, the right to participate in the Activities arranged for me by TSK, I HEREBY EXPRESSLY AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS FOREVER TSK, its owners, employees, members, managers, affiliated entities, employees, agents, representatives, officers, directors, associates, volunteers, and successors and assigns from and against any liability, actions, causes of actions, debts, suits, claims and demands of any and every kind and nature whatsoever which I now have or which may hereafter arise out of or in connection with my participation in the Activities arranged for me by TSK.

I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself and all members of my family, my and their heirs, successors, assigns, and legal representatives; it being my intention to fully assume all risks associated with the Activities and to release TSK from any and all liability to the maximum extent permitted by law.

 

COVENANT: I hereby agree not to sue TSK, its owners, employees, members, managers, affiliated entities, agents, representatives, officers, directors, associates, volunteers, and successors and assigns for any liability, actions, causes of actions, debts, suits, claims and demands of any and every kind and nature whatsoever which I now have or which may hereafter arise out of or in connection with my participation in the Activities arranged for me by TSK.

 

LIMITATION OF REMEDIES: I agree that to the extent consistent with applicable law, the maximum amount of recovery to which I may be permitted to recover from TSK shall not exceed Fifty Dollars ($50). To the maximum extent permitted under applicable law, TSK shall not be liable for any special, consequential, indirect, incidental or other damages, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if TSK has been advised of the possibility of such damages. I expressly waive any right I, or any of my family or heirs may have to recover such damages. If I, or any of my heirs, or anyone acting on their own in my behalf should bring such suit, I shall pay all attorney fees, related court fees and defense costs should I not prevail.

 

BINDING ARBITRATION: I agree that any dispute concerning, relating, or referring to this agreement, shall be resolved exclusively by binding arbitration. The binding arbitration shall take place in Minneapolis, Minnesota, in accordance with the rules of the American Arbitration Association. Such proceedings will be governed by substantive (but not procedural) Minnesota law. The arbitrator and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any of this contract is void or voidable.

 

KNOWING AND VOLUNTARY EXECUTION: I have carefully read and understand the provisions and legal consequences of this agreement and I hereby agree to all of the terms and conditions contained herein. By signing this Agreement I warrant to TSK that I am 18 years of age or older, have provided legal proof of my age and am not under the influence of any mind-altering substances, including alcohol. I agree that this release and waiver is intended to be as broad and inclusive as permitted by the laws of the State of Minnesota and if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

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I understand this is a legally binding and enforceable contract and sign it of my own free will. My signature applies to all pages of this contract.
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