Terms and Conditions
WAIVER AND RELEASE OF LIABILITY
IN CONSIDERATION OF the risk of injury that exists while participating in A RUG TUFTING WORKSHOP (hereinafter the "Activity"); and
IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;
I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this
WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and
I HEREBY release and forever discharge TUFT STUFF, LLC, located at 1746 W North Ave, Chicago, Illinois 60622, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees.
I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of the Tuft Stuff, LLC official or agent, regarding my approval to participate in the Activity.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Tuft Stuff, LLC AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Tuft Stuff, LLC FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Tuft Stuff, LLC, its agents, and employees.
I agree that this Release shall be governed for all purposes by Illinois law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.
In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.
THIS AGREEMENT was entered into without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant, and Tuft Stuff, LLC agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
BY CHECKING THE BOX MARKED "I AGREE", I, THE PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, OR THE PARENT OR LEGAL GUARDIAN OF A PARTICIPANT THAT IS UNDER THE AGE OF CONSENT (18 YEARS OF AGE), AND THAT I AM FREELY ACKNOWLEDGING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM AGREEING TO OF MY OWN FREE WILL.
PHOTO USE RELEASE
I, hereby grant and authorize Tuft Stuff, LLC the right to take, edit, alter, copy, exhibit, publish, distribute and make use of any and all pictures or video taken of me by Tuft Stuff, LLC to be used in and/or for legally promotional materials including, but not limited to, newsletters, flyers, posters, brochures, advertisements, fundraising letters, annual reports, press kits and submissions to journalists, websites, social networking sites and other print and digital communications, without payment or any other consideration. This authorization extends to all languages, media, formats and markets now known or hereafter devised. This authorization shall continue indefinitely, unless I otherwise revoke said authorization in writing.
I understand and agree that these materials shall become the property of Tuft Stuff, LLC and will not be returned.
I hereby hold harmless, and release Tuft Stuff, LLC from all liability, petitions, and causes of action which I, my heirs, representative, executors, administrators, or any other persons may make while acting on my behalf or on behalf of my estate.
WORKSHOP REFUNDS, CANCELLATIONS AND REBOOKING POLICY
I understand and agree to be held to the policy points laid out below by Tuft Stuff, LLC and any dispute that may arise falling within this policy should be resolved in the favor of Tuft Stuff, LLC.
I agree to contact tuft stuff via email provided or info@tuftstuff.com to discuss any request to cancel or reschedule.
- Requests to cancel made before seven (7) days of the event may receive a 100% refund.
- Requests to cancel made within seven (7) days of the event may incur a fee of up to 50% of the ticket price.
- Requests to cancel made within 48 hours of the event may result in a forfeit of the entire purchase cost.
- Requests to reschedule before seven (7) days of the session may receive a 100% refund.
- Requests to reschedule made within seven (7) days of the event may incur a fee of up to 30%.
- Requests to reschedule made within 48 hours of the event may incur a fee of up to 50%.
- Late arrival to class will result in a need to reschedule (fees may apply) or cancel without a refund.
- A no-show will be considered a cancellation, resulting in the need to reschedule (fees may apply) or forfeiture of the entire purchase cost.
ADDITIONAL TERMS AND CONDITIONS
RIGHT TO REFUSE SERVICE Tuft Stuff, LLC and any of it's employees also reserve the right to refuse service to anyone who is not in compliance with our above policies and including but not limited to health and safety issues and disruptive behavior (including students under the influence of any alcoholic or mind-altering substances).
ADDITIONAL STUDIO SERVICE POLICY I understand that choosing an additional service such as the Studio Finish is subject to additional time before receiving my finished product. I understand that while an estimated timeframe may be given, that there should be no expectation of exact duration. I also understand that Tuft Stuff is a single-person operation and that delays will likely occur. I also agree that though I may ask for a certain timeframe, I will not hold Tuft Stuff accountable for any delays and therefore am not able to seek refund due only to extended timeframe and that any chargeback filed with my bank for this matter should be awarded to Tuft Stuff, LLC.
CHARGEBACK POLICY I agree that any chargeback filed with my bank once I have taken a class will be considered fraudulent and theft (as much of ticket costs goes toward the education I receive and my time spent in the studio) and may be subject to further action from Tuft Stuff, LLC and its representatives and additional fees. This includes but is not limited to any delay with receiving additional finishes or personal experience with the class itself. Additionally, any chargeback filed outside adherence to the WORKSHOP REFUNDS, CANCELLATIONS AND REBOOKING POLICY should also be awarded in favor to Tuft Stuff, LLC.