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TERMS AND CONDITIONS

REVISED OCTOBER 19, 2022

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In exchange for participating in the activity of Art Classes, Camps, Birthday Parties, Private Events, or Art Events (names of activities), organized by Imaginook LLC of 39675 Cedar Blvd, Suite 135, Newark, CA 94560, I agree for myself and (if applicable) for the members of my family, to the following:

Consent to the participation of me/my child/children in Art Classes, Camps, Birthday Parties, Private Events, or Art Events, and agree on behalf of the above minor(s) to all of the terms and conditions of the Agreement. By agreeing to the Terms and Conditions, I represent that I have legal authority over and custody of the named above children.

  1. AGREEMENT TO THE FOLLOWING DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Imaginook LLC, or the employees, representatives or agents of Imaginook LLC.

  2. ASSUMPTIONS OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity, and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge of Imaginook LLC for injury, loss, or damage arising out of my or my family’s use of or presence upon the facilities of Imaginook LLC, whether caused by the fault of myself, my family, Imaginook LLC or other third parties.

  3. . I agree to indemnify and defend Imaginook LLC against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of Imaginook LLC.

  4. . I agree to pay for all damages to the facilities of Imaginook LLC caused by any negligent, reckless, or willful actions by me or my family.

  5. MEDICAL AUTHORIZATION. In the event of the injury to the above minor during the above described activities, I give my permission to Imaginook LLC or to the employees, representatives, or agents of Imaginook LLC to arrange for all necessary medical treatment for which I shall be financially responsible. This temporary authority begins on the date I signed this docoment and will remain in effect until terminated in writing by me or when the above described activities are completed. Imaginook LLC shall have the following powers:

  • The power to seek appropriate medical treatment or attention on behalf of my child as may be required by the circumstances, including without limitation, that of a licensed medical physician and/or a hospital;

  • The power to authorize medical treatment or medical procedures in an emergency situation; and

  • The power to make appropriate decisions regarding clothing, bodily nourishment and shelter.

  1. APPLICABLE LAW. Any legal or equitable claim that may arise from participation of the above shall be resolved under California law.

  2. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Imaginook LLC has offered to refund any fees I have paid to use its facilities if I chose not to sign this Agreement. 

  3. ARM’S LENGTH AGREEMENT. This agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as a drafter of a specific term, language, or provision giving right to such ambiguity. Accordingly, the Parties specifically reject the application of Cal. Civ. Code §1654 to this Agreement, as well as any other statute or common law principles of similar effect.

  4.  . The invalidity or unenforceability of any provision of this Agreement, whether standing along or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the same may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.

  5. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation within 30 days, the parties will resolve the dispute by binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgement may be entered upon it by any court having proper jurisdiction.

I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY AGREEING TO TERMS AND CONDITIONS, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.

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