Waiver & Release
To be agreed to by participant, or participant’s parent/guardian if the participant is under the age of 18.
THIS DOCUMENT RELEASES AND WAIVES CERTAIN LEGAL RIGHTS. YOU SHOULD READ THIS DOCUMENT THOROUGHLY AND TICK ‘I AGREE’ TO REPRESENT THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE CONTENTS OF THIS DOCUMENT.
I have voluntarily elected to participate in and/or, if applicable, voluntarily agreed to allow the child(ren) in the new membership form I have completed, to participate in sessions offered by Messy Play Australia Pty Ltd ATF The Messy Play Family Trust, Trading as Messy Glow Co. (hereby referred to as Messy Glow Co.) at the premises of Unit 5, 37 Coral Street, Maleny QLD 4552. In consideration for session participation and being allowed to use the studio, tools and equipment, and any other services provided by Messy Glow Co. or its owners, employees or agents at said location, I represent, acknowledge and agree as follows:
I fully understand and acknowledge that:
a) Risks and dangers exist in participating in Messy Glow Co. sessions and activities, and the use of the Messy Glow Co. studio, tools and equipment;
b) Participation in such sessions, activities and/or use of such tools and equipment may result in injury or illness including but not limited to bodily injury, disease strains, physical and/or mental stress, fractures, partial and/or total paralysis, eye injury, blindness, heart attack, death or other ailments that could cause serious disability;
c) I further acknowledge that the above list is not inclusive of all possible inherent risks associated with the use of the Messy Glow Co. services, studio and equipment;
d) Participating in sessions at Messy Glow Co. may, at times, involve high-energy activities that could cause mental or physical stress and anxiety. The darkened paint room with ultraviolet lighting may cause sensory discomfort.
e) These risks and dangers listed herein may be caused by the negligence of the owners, employees, officers, volunteers or agents of Messy Glow Co., the negligence of the participants, the negligence of others, accidents, breaches of contract, forces of nature or other causes. These risks and dangers may arise from foreseeable or unforeseeable causes;
f) I have no physical or mental illness that precludes my participation in a safe manner for myself or others. I am not under the influence of alcohol or drugs which may impair my ability to maintain my safety awareness and endanger others;
g) Participation is not recommended if you are pregnant, however you can accompany your child during the session. Participation is not recommended for those suffering epilepsy, cardio/respiratory disorder, hypertension, or skeletal, joint or ligament problems or conditions. If any causes for concern, a medical professional should be consulted prior to participation;
h) Messy Glow Co. is not recommended for persons suffering from egg allergies. Even though the paint we use does not list egg as an ingredient, it can be an ingredient in tempera paint. From time to time, other products may be used during classes or activities that may include allergens such as dairy, gluten, nuts, etc.;
i) All allergies or medical conditions that may affect or preclude participation in classes or activities, such as asthma, anaphylaxis or anything other condition requiring a medical action plan must be disclosed to Messy Glow Co. prior to participating; Please email the medical plan to hello@messyglowco.com.au
j) The bath is an optional use and is for the use of parent/guardians to bathe their own child/children.
k) Attendance to the briefing at the beginning of every Messy Glow Co. session is compulsory to the Messy Glow Co. experience as this is where safety measures are discussed about the tools we will be using in the session. Participants should turn up on time or ahead of time. If late, the facilitator will need to re-cap the briefing to late participants which will delay the Messy Glow Co. session for everyone.
l) Parents/guardians assume all responsibility for ensuring the safe travel of their child(ren) to and from the Messy Glow Co. Ultraviolet paint room to attend their session/s.
m) By participating in these sessions or activities and/or use of equipment, I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, employees or volunteers of Messy Glow Co., or by any other person;
n) By participating in these classes or activities and/or use of equipment, I acknowledge that I have read this document in its entirety and agree to its conditions. Furthermore, I agree to abide by and follow instructions and rules provided by Messy Glow Co.
I, on behalf of myself, my personal representatives, heirs, next-of-kin, spouse and assigns hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Messy Glow Co. and it’s owners, agents, officers, volunteers and employees from any and all claims, actions, or losses for bodily injury, property loss or damage, wrongful death, loss of services or otherwise, which may arise out of my use of any of the activities and facilities provided by Messy Glow Co. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for negligent acts or other conduct by the owners, agents, officers, volunteers or employees of Messy Glow Co.
If the participant is of minority age, the undersigned parent/guardian hereby grants permission for Messy Glow Co. to authorise emergency medical treatment and/or to call an ambulance as may be deemed necessary for the child(ren) named on the new membership form I have completed while participating in Messy Glow Co. sessions and activities from this date on.
I have read this waiver and release and by ticking ‘I agree’, it is my intention to exempt and relieve Messy Glow Co. from liability for personal injury, property loss or damage or wrongful death caused by negligence or any other cause. I understand that violation of any of the safety rules is grounds for immediate suspension of participation privileges without any refund. Parents/guardians are expected to ensure their child(ren) abide by these safety rules.
Safety Rules:
1) No running, pushing, shoving, or hitting will be tolerated within the studio
2) No throwing or misusing containers, tools, materials or equipment
3) Keep your hands to yourself and respect each other’s space
4) No food to be brought into the studio, unless previously arranged with staff and for messy play parties
5) A responsible adult must be in attendance for children 5yrs of age and under
6) No standing on chairs, tables or equipment
7) No pulling at or playing with paper or canvas fixed to the walls or floor
8) No pulling at or playing with taps, fixings or electrical outlets and equipment
9) No outside paint and art supplies to be brought into the studio
10) No discrimination, bullying or harassment will be tolerated