Waiver of Liability: I hereby release, waive and discharge PINK PLANET STUDIOS LLC, their officers, agents, representatives, employees or contracted staff (hereinafter collectively referred to as, “THE NEW YORK DESIGN EXPERIENCE”) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, which participating in any Program offered by THE NEW YORK DESIGN EXPERIENCE, regardless of whether such loss is caused by the negligence of THE NEW YORK DESIGN EXPERIENCE, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law. Assumption of Risks: Participation in a Program provided by THE NEW YORK DESIGN EXPERIENCE carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks include, but are not limited to: (1) all risks traveling to New York City to participate in the Program, walking, bicycling or riding public transportation during the duration of the Program and transporting myself before and after the Program begins and ends, (2) physical exertion for which I may not be prepared, (3) weather extremes subject to sudden and unexpected change, (4) any food or alcohol allergies I may have. Also, I understand that there may not be rescue or medical facilities or expertise which may be necessary to deal with potential injuries to which I may be exposed. I VOLUNTARILY, FREELY, AND EXPRESSLY CHOOSE TO INCUR ALL RISKS AND ALL SUCH DAMAGES associated with a THE NEW YORK DESIGN EXPERIENCE Program. Indemnification and Hold Harmless: I further agree to indemnify and hold harmless THE NEW YORK DESIGN EXPERIENCE from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement in a Program and to reimburse THE NEW YORK DESIGN EXPERIENCE for any such expenses incurred. Photo and Video Release: Furthermore, I hereby grant THE NEW YORK DESIGN EXPERIENCE permission to the rights of my image, likeness and sound of my voice as recorded on while participating in a Program, and agree that such photos or videos may be used by THE NEW YORK DESIGN EXPERIENCE for archival, documentation, or publicity purposes. Severability: The undersigned further expressly agrees that the foregoing waiver of liability, assumption of risk, indemnity agreement, and photo and video release is intended to be as broad and inclusive as is permitted by the law of the State of New York and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Acknowledgement of Understanding: I have read this waiver of liability, assumption of risk, indemnity agreement, and photo and video release, fully understand its terms and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am making this agreement freely and voluntarily, and intend its terms to be binding upon myself, and my heirs, assigns and personal representatives. * *
Participant Consent Form: I, the undersigned Participant, have read and understand the disclaimers contained on the THE NEW YORK DESIGN EXPERIENCE website, and set forth again herein below. While participating in a THE NEW YORK DESIGN EXPERIENCE Program, agree that I will in a safe and responsible fashion, follow the instructions or directions of the persons in charge of the THE NEW YORK DESIGN EXPERIENCE Program, and comply with safety regulations as directed by the persons in charge of the THE NEW YORK DESIGN EXPERIENCE Program, including designated leaders and drivers of private or public transportation. I will be solely responsible for myself, will wear a seat-‐belt when available and will not disturb or distract the driver when using private or public transportation to travel to and from THE NEW YORK DESIGN EXPERIENCE Program activities. At all times while I am a Participant on a THE NEW YORK DESIGN EXPERIENCE Program, I acknowledge that it is my responsibility to obtain and wear appropriate safety equipment. I will not endanger the safety of others or myself while participating in the THE NEW YORK DESIGN EXPERIENCE Program, or when using private or public transportation for travel to and from the Program. Further, I accept the following THE NEW YORK DESIGN EXPERIENCE Program Rules. I acknowledge and understand that the violation of any of the Program Rules will result in my immediate dismissal from the Program and THE NEW YORK DESIGN EXPERIENCE shall not refund any portion or any amount paid to THE NEW YORK DESIGN EXPERIENCE for my participation in the Program: 1. Participants shall not possess or use any illegal drug 2. Participants under the age of 21 years shall not possess or drink alcohol, or enter establishments that prohibit persons under the age of 21 years. 3. Participants shall not break any municipal, state or federal laws. 4. Participants shall not engage in disruptive or unsafe behavior. I acknowledge that I have read and fully understand the Program Rules and the signing of this Consent Form signifies my acceptance of such Program Rules and my consent to act in a safe and responsible manner while participating in the THE NEW YORK DESIGN EXPERIENCE Program. * *
Disclaimers: • THE NEW YORK DESIGN EXPERIENCE does not issue refunds under any circumstances, including but not limited to complications relating to a participant’s travel documentation, matters of health or illness, weather, or other acts of God. • THE NEW YORK DESIGN EXPERIENCE is not responsible for making up for classes or activities that are cancelled because of unforeseen and/or unavoidable circumstances. • Because all of our workshops are customized based on the Participants who are enrolled, once a reservation is confirmed, there is a cancellation fee for Participants who withdraw from the Program. The cancellation fee can be applied as a credit towards future participation in a Program if the Participant desires (based on availability). • In the event that a THE NEW YORK DESIGN EXPERIENCE Program is cancelled/postponed, the tuition can be applied to future workshops of the same price. Scholarships are not redeemable for cash. • THE NEW YORK DESIGN EXPERIENCE is not responsible for travel arrangements or lodging that must be cancelled. • THE NEW YORK DESIGN EXPERIENCE is not responsible for lost or stolen property, including but not limited to cash, credit cards, clothing, or MetroCards. • If a flight is delayed or canceled for any reason, THE NEW YORK DESIGN EXPERIENCE is not responsible for additional or extended hotel reservations, meals, or fees incurred due to such delay or cancelation. • If a Participant violates any of the Program Rules, THE NEW YORK DESIGN EXPERIENCE shall terminate such individual’s participation on the Program and send him/her home at any point. • Documents that are required before traveling: valid passport with US tourist visa, signed travel authorization, health insurance card photocopy, copy of parents/legal guardian ID • If a Participant travels on a different flight than the group on their Program, THE NEW YORK DESIGN EXPERIENCE is not responsible for such Participant’s transportation to/from airport. * *
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