STUDENT PARTICIPATION AGREEMENT
In consideration of the Participant paying Torched and voluntarily partaking in art or jewelry and metal work activities and instruction (“Instruction”), he/she/they agree as follows:
1. Inherently Dangerous Activities and Risk. Participant acknowledges that the Instruction is inherently dangerous or carries some inherent risk in using specialized tools, equipment, and other apparatuses. Participant also understands that, while reasonable precautions have been taken to promote safety, not every situation can be controlled.
2. Release of Liability. Participant assumes any and all of the risks of participating in the Instruction and agrees to indemnify, hold harmless, and not to sue Torched or any party or entity conducting a specific event or activity on behalf of Torched and promises to release those parties from any and all liabilities or claims made as a result of the Participant’s attendance and participation in the Instruction. Participant also expressly assumes the risk for any and all damage to self or property. Under no circumstances will Torched be held liable for the Participant’s injury, illness, death, or any loss or damage of the Participant’s personal belongings resulting from his/her/their participation in the Instruction.
3. Health Condition. Participant represents and warrants that he/she/they (i) have sufficient physical strength, ability, and experience to participate in the Instruction, as the activity can be strenuous, (ii) do not have any health problems or medical conditions that might preclude participation in the Instruction or the activities and services, and (iii) if he/she/they have any medical or psychological conditions that may hamper him/her/them from fully and healthfully participating in the Instruction, Torched retains the right to ask that the Participant not participate in portions of or the entirety of the Instruction.
4. Consent to Emergency Medical Treatment. If the Participant requires emergency medical treatment due to an accident or illness arising during the Participant’s attendance and participation in the Instruction, the Participant consents to such treatment. Participant acknowledges and agrees to be financially responsible for any medical or legal bills that may be incurred due to emergency medical treatment. Participant will notify Torched verbally and in writing if at any time the Participant is injured prior to, during, or after the Instruction, or if the Participant has medical conditions about which emergency medical personnel should be informed. However, the Participant understands that Torched is not legally obligated to act on that information in any way or to provide any medical service whatsoever to the Participant.
5. Photo and Video Release. By participating, the Participant understands that portions of the Instruction may be recorded in video and audio and/or captured in still and/or digital photographs by Torched. Participant agrees that Torched and its assigns have the right and permission to use such recordings and photographs for any purpose without further compensation, permission, or notification.
Additional terms and conditions are attached in Schedule A of this Agreement.
Schedule A
Additional Terms and Conditions
In addition to the terms in Student Participation Agreement, Participant agree as follows:
Conditions of Sale
Payment. Payment in full is required to book your spot in a class or workshop.
Payment Method. Electronic payment through Acuity Scheduling is preferred.
Refunds. No refunds will be given, except as described below.
Cancellation. Torched may cancel Services at any time for any reason by providing written notice to the Participant via electronic mail. In the event that Torched cancels Services prior to the commencement of the Instruction, Torched will provide a voucher for the full value paid to be used by Participant within 6 months.
In the event that Torched cancels Services after the Instruction commences, Torched will provide a prorated refund to the Participant. Torched is not responsible for any expenses incurred by the Participant related to the Instruction prior to cancellation by Torched.
Alterations to the Instruction. Torched reserves the right to make reasonable alterations to Services as necessary to maintain the safety of participants and the integrity of the Instruction experience.
No Guarantees. Torched cannot guarantee the outcome of the Instruction and Torched’s comments about the outcome are expressions of opinion only. Torched makes no guarantees other than that the Instruction will be provided to the Participant in accordance with the terms of this Agreement. Participant acknowledges that Torched cannot guarantee any results.
Intellectual Property. All material and information provided by Torched as part of the Instruction is proprietary and comprises intellectual property owned solely by Torched. Torched maintains exclusive, worldwide right, title, interest, ownership, and all subsidiary rights, including all rights accruing to Torched under the United States Copyright Act, in and to all works of authorship and all copyrights, patents, trade secrets, and any other intellectual property rights, business concepts, plans, and ideas, reports, manuals, visual aids, documentation, inventions, processes, proposed products, services, techniques, marketing ideas, and commercial strategies, that have been or will be created by Torched (“the Work”), for use throughout the world in perpetuity in any manner or media whether now known or hereafter invented. Participant does not have permission to use, reproduce, distribute, or create derivative works based on the Work.
Warranties.
Torched’s Warranties: Torched represents, warrants, and covenants that Torched has full authority to enter into this Agreement and that all of the Instruction, whether performed by Torched or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.
Participant’s Warranties: Participant represents, warrants, and covenants that the Participant has full authority to enter into this Agreement and has or will obtain, during all times relevant hereunder, all of the necessary consents, rights, licenses, clearances, releases, or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of the Participant’s obligations or duties set forth hereunder, whether performance is due now or hereafter during the Term.
Except for the express warranties provided throughout this Agreement, neither party makes any other warranties, express or implied.
Relationship of the Parties. This Agreement shall not be construed to create between the parties a relationship of joint ventures, co-partners, employer and employee, franchise and franchisee, or any other similar relationship. Except as set forth in this Agreement, neither party shall have any authority to bind the other, and neither party shall be liable to any third party in any way for any engagement, obligation, contract, representation, or transaction or for any negligent act or failure to act of the other.
Force Majeure. The performance of this Agreement by either party shall be subject to force majeure, including but not limited to acts of God, fire, flood, natural disaster, war or threat of war, acts or threats of terrorism, civil disorder, unauthorized strikes, governmental regulation or advisory, epidemic, pandemic, quarantine, curtailment of transportation facilities, or other similar occurrences beyond the control of the parties, where any of those factors, circumstances, situations, or conditions or similar ones prevent, dissuade, or unreasonably prevent either party from fulfilling its obligations, or where any of them make it illegal, impossible, inadvisable, or commercially impracticable to fully perform the terms of this Agreement.
Entire Agreement; Headings; Construction. This Agreement represents the entire agreement between the parties. No modification or waiver of any part of the Agreement shall be binding upon either party unless in writing. The descriptive headings of the sections and subsections of this Agreement are for convenience only, and do not affect this Agreement’s construction or interpretation. The parties acknowledge that each party has reviewed this Agreement, and the normal rule of construction that ambiguities shall be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
Waiver; Severability. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same provision or other provisions of this Agreement. If any part of this Agreement is held to be illegal, void, or unenforceable, for any reason, such holding shall not affect the validity and enforceability of any other part.
Dispute Resolution. If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall take place before a panel of 3 arbitrators sitting in Buncombe County, North Carolina. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the 90-day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
Choice of Law; Jurisdiction. This Agreement shall be governed by the laws of North Carolina. The parties agree that the exclusive venue for any and all litigation between them arising from this Agreement and the business relationship created hereby shall take place in Buncombe County, NC, and Participant expressly consents to the jurisdiction of the North Carolina courts.