Terms and Conditions
Your Purchase is also an agreement of release of liability.
You do hereby release Shay Creative Studios,LLC., from Loss and any liability whatsoever, which You and/or Your Invitees may sustain or suffer that arises from, is related to, or in connection with (a) Your and/or Your Invitees’ participation in a Program and/or (b) injuries that may be caused, compounded or increased by the negligent rescue operations or procedures of Shay Creative Studios, and/or (c) Your and/or Your Invitees’ occupancy of any facility owned, controlled, or occupied by Key to My Art Inc., however, caused.
Liability for Damaged Goods/Artwork
In the event that either You or Your Invitees damage any goods and/or artwork either owned or held in consignment by Shay Creative Studios, LLC. you shall be liable for the total sales price of the damaged goods/artwork.
If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
The covenants and conditions contained in this Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors, and permitted assigns of the Parties.
This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing and must be signed by both Parties.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York and any suit arising from, related to, or in connection with this Agreement shall be brought exclusively in the courts of the County of Nassau in the State of New York.
The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement._
I have read this Agreement fully and I understand its terms. I understand that I have given up substantial rights by agreeing. I have agreed freely and voluntarily without any inducement, assurance, or guaranty being made to me and I intend by my agreement for it to be a complete and unconditional release of all liability to the greatest extent allowed by law. I have had the opportunity to consult with an attorney of my choosing in relation hereto.
By purchasing a class or event at Key to My Art, I am agreeing and signing this Agreement.
COVID-19 Liability Release Waiver
The World Health Organization has declared the novel Coronavirus (COVID-19) a worldwide pandemic. Due to its capacity to transmit from person-to-person through respiratory droplets, the government has set recommendations, guidelines, and some prohibitions which XYZ Company, LLC. (the “Organization”) adheres to comply.
In consideration of my participation in the foregoing, the undersigned acknowledge and agree to the following:
I am aware of the existence of the risk on my physical appearance to the venue and my participation to the activity of the Organization that may cause injury or illness such as, but not limited to Influenza, MRSA, or COVID-19 that may lead to paralysis or death.
I am fully and personally responsible for my own safety and actions while and during may participation and I recognize that I may be in any case be at risk of contracting COVID-19.
With full knowledge of the risks involved, I hereby release, waive, discharge Shay Design Studio, its board, officers, independent contractors, affiliates, employees, representatives, successors, and assigns from any and all liabilities, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, injury, or death, that may be sustained by me related to COVID-19 while participating in any activity while in, on, or around the premises or while using the facilities that may lead to unintentional exposure or harm due to COVID-19.
I agree to indemnify, defend, and hold harmless Shay Creative Studios,LLC, from and against any and all costs, expenses, damages, lawsuits, and/or liabilities or claims arising whether directly or indirectly from or related to any and all claims made by or against any of the released party due to injury, loss, or death from or related to COVID-19.
My purchase acknowledges that I have read the foregoing Liability Release Waiver and understand its contents; that I am at least eighteen (18) years old and fully competent to give my consent; That I have been sufficiently informed of the risks involved and give my voluntary consent in signing it as my own free act and deed; that I give my voluntary consent in signing this Liability Release Waiver as my own free act and deed with full intention to be bound by the same, and free from any inducement or representation.
This waiver will remain effective until laws and mandates relevant to COVID-19 are lifted.