Inconsideration of the risk of injury while participating in a Cake Smash Session (the “Activity”), and as the consideration for the right to participate in the Activity, I hereby, for myself and my child, 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 whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Sugarlove Studio, located at 40 Tanner Street, Haddonfield, NJ, their affiliates (Diane Michelle Cakes) and attorneys, for any physical injury, including but not limited to illness due to an unknown food or latex allergy, choking, accidental fall resulting in paralysis, death, or emotional loss, that I or my child may suffer as a direct result of my participation in the aforementioned Activity.
I am voluntarily participating my child in the aforementioned Activity entirely at my own risk. I am aware of the risks associated with participating in this Activity, which may include, but not limited to physical injury, pain, suffering, illness, paralysis, death, or emotional loss. I understand that these injuries or outcomes may arise from my own or others’ negligence, or the condition of the Activity. Nonetheless, I assume all related risks, both known or unknown to me, of my child’s participation.
I agree to indemnify and hold Sugarlove Studio 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, if litigation arises pursuant to any claims made by me or anyone else acting on my behalf. If Sugarlove studio incurs any of these types of expenses, I agree to reimburse Sugarlove Studio.
I acknowledge the possible allergens provided during the Activity and I agree to release Sugarlove Studio and their affiliate (Diane Michelle Cakes) of all liabilities. Cake contains wheat, egg, milk, and soy ingredients. Buttercream contains egg whites, sugar, butter, confectioners sugar, salt, and vanilla extract. Food colors are made by Americolor & Chef Master Food Coloring. Fondant by Renshaw, Fondx, Fonderific or Satin Ice. Kitchen is not a gluten-free or peanut-free environment. Other non-food possible allergens include latex balloons and ‘kid friendly’ soaps.
I acknowledge that Sugarlove Studio and their affiliates 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 Sugarlove Studio.
I 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 Sugarlove Studio and all if its affiliates and attorneys 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 Sugarlove Studio for personal injury.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Sugarlove Studio and its affiliates.
In the event that my child should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
This agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the participant and Sugarlove Studio agree that this agreement is clear and unambiguous as to its terms, and that no other evidence will 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.
