Terms and Conditions
River City Clay Studio, LLC requires that all class participants read and agree to the below waiver before requesting to book a class with us. If you have any questions or concerns about the contents of this waiver, please send an email to rivercityclay@gmail.com and we will promptly reply.
WAIVER OF LIABILITY, PHOTOGRAPHY/VIDEO RELEASE, DISCLAIMER and INDEMNIFICATION
CUSTOMER and as evidenced by signature below, (and identified herein simply by the pronoun as “I”), hereby waives, releases, indemnifies, and discharges any and all claims, including intellectual property ownership, and damages for personal injury, death, or property damage which I, or my minor children, may sustain or which may occur as a result of my own participation, or that of my minor children, by the provision or use by RIVER CITY CLAY STUDIO, LLC of any product, service, equipment. I further understand and agree that:
This release is intended to discharge in advance RIVER CITY CLAY STUDIO, LLC, its owners, officers, employees, contractors, directors, agents and successors from and against any and all liability, except for their sole negligence or intentional acts, connected in any way with my participation or my minor children’s participation in RIVER CITY CLAY STUDIO, LLC activities;
Such activities may be of a hazardous, strenuous, and/or physical nature, cause injuries and participation in said activities may result in injury, death or property damage, and fully knowing the risk involved, nevertheless, I voluntarily request permission for myself or my minor child to participate in said activities;
I hereby assume any and all risks of injury, death or property damage and to release and hold harmless RIVER CITY CLAY STUDIO, LLC, its officers, employees, contractors & agents, except for their sole negligence or intentional acts;
This WAIVER OF LIABILITY, PHOTOGRAPHY/VIDEO RELEASE, DISCLAIMER and INDEMNIFICATION AGREEMENT is binding on me and my heirs, my estate and assigns;
I will indemnify and hold RIVER CITY CLAY STUDIO, LLC harmless from any loss, liability, damage, cost or expense, including litigation, which it may incur as a result of any injury and/or property damage which myself or my minor children may sustain while participating in said activities;
I will compensate any loss, damage, or cost RIVER CITY CLAY STUDIO, LLC may incur if any litigation arises due to any claim made by myself, said minors, or by anyone on said minor’s behalf;
I expressly allow, and hereby waive any objection to, RIVER CITY CLAY STUDIO, LLC photographing and/or videotaping of me and/or my minor children when I and/or my minor children are participating in RIVER CITY CLAY STUDIO, LLC programs;
I understand and agree that all photographs and videotapes will remain the property of RIVER CITY CLAY STUDIO, LLC, and that RIVER CITY CLAY STUDIO, LLC may use such photographs or videotapes for archival and promotional purposes.
RIVER CITY CLAY STUDIO, LLC may provide all of its services at its office space, but may also provide such services at other locations from time to time as business needs dictate. Regardless, this Waiver of Liability shall remain inviolate regardless of location of performance of services or provision of products by the Studio. To the extent Studio provides client with products, materials, or equipment, client acknowledges that Studio is not the manufacturer of the equipment or the manufacturer’s agent or the developer, architect of such product materials or equipment.
I acknowledge and agree that the ownership of all copyrights, trademarks, inventions, and other intellectual property and proprietary rights conceived, developed or created at RIVER CITY CLAY STUDIO, LLC shall be owned by RIVER CITY CLAY STUDIO, LLC, and this shall include but not be limited to, all information, data, reports, studies, writings, programs, methods, forms, systems, services, designs, marketing and other ideas and concepts, products or processes, tests, techniques, developments, inventions, discoveries, innovations or materials (and any improvements or know-how related to any of the foregoing) developed, conceived, created, invented, contributed to, reduced to practice, whether created by CUSTOMER (either solely or jointly with another or others).
I agree that venue and jurisdiction of this WAIVER OF LIABILITY, PHOTOGRAPHY/VIDEO RELEASE, DISCLAIMER and INDEMNIFICATION AGREEMENT shall be exclusively reserved for the state courts of Montgomery County, Tennessee and/or the federal courts for the Middle District of Tennessee.
I ACKNOWLEDGE AND AGREE THAT RIVER CITY CLAY STUIDO, LLC HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTERWHATSOEVER RELATING TO THE EQUIPMENT OR THE SERVICES PROVIDED, INCLUDINGWITHOUT LIMITATION, THE DESIGN OR CONDITION OF THE PRODUCTS, MATERIALS, AND THE EQUIPMENT AND THE PRODUCTS, MATERIALS, AND EQUIPMENT’S MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, CONDITION, QUALITY, CAPACITY, MATERIAL OR WORKMANSHIP, OR AS TO PATENT INFRINGEMENT OR THE LIKE.