DISCLAIMER OF MEDICAL SERVICES: Render Creative Space, Render Creative Space LLC, and Render: A Creative Space For Health and Wellness (collectively, “Render Creative Space”) are not replacements for current medical or mental health care. Render Creative Space does not offer medical advice, diagnose, or treat diseases or psychological conditions. Render Creative Space does not guarantee medical or mental health-related outcomes. I understand, acknowledge, and agree that it is the participant’s responsibility to consult with the participant’s own medical doctor or mental health care provider before initiating any type of therapy.
LIMITATION OF LIABILITY AND RELEASE: I acknowledge that in exchange for valuable consideration of Render Creative Space furnishing a studio session, art therapy class, video guides, and/or any equipment and materials to enable participation in Render Creative Space Art Therapy Classes and Services (“Classes and Services”), I acknowledge, understand, and voluntarily agree as follows:
(a) there are certain risks and dangers involved in Classes and Services and my participation in artistic activities;
(b) participation in such activities and/or use of such equipment and materials may result in injury or illness—including but not limited to—bodily injury, disease, fractures, or other physical or psychological ailments that could cause serious disability;
(c) these risks and dangers may be caused by the negligence of the owners, employees, or agents of Render Creative Space, the negligence of the participants, the negligence of others, accidents, breaches of contract, forces of nature, or other causes;
(d) these risks and dangers may arise from foreseeable or unforeseeable causes; and
(e) by participating in Render Creative Space Classes and Services and/or use of equipment and materials, I 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 owner, employees of Render Creative Space, or by any other person.
By selecting “agree” below, and on behalf of myself, my personal representatives, my heirs and assigns, or on behalf of my minor child/guardian (if applicable), I voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Render Creative Space, its owners and employees from any and all claims, actions, damages, or losses for bodily injury, property damage, death, loss of services or otherwise which may arise out of participating in Render Creative Space Classes and Services, artistic activities, video guides, and/or use of materials and equipment in the studio.
I specifically understand that I am releasing, discharging and waiving any claims or actions that may exist now or in the future for the negligent acts or other conduct by the owners or employees of Render Creative Space or any other person.
RIGHT TO REFUSE SERVICES: I agree that Render Creative Space reserves the right to refuse or discontinue service to anyone, at any time, for any reason.
ARBITRATION: I agree that any dispute, claim, or controversy against Render Creative Space, its owners, employees, or agents, will be resolved exclusively by binding arbitration through Arbitration Service of Portland, Inc. rather than by a judge or jury in court. Information regarding Arbitration Service of Portland, Inc.’s rules and costs are available through its office, located at 620 SW 5th Ave., Ste. 1010, Portland, OR 97204, Tel: (503) 226-3109.
ATTORNEY FEES: In the event an arbitration or other legal proceeding of any nature whatsoever is initiated, the prevailing party is entitled to recover from the losing party or parties the prevailing party’s reasonable attorney fees and costs.
ENFORCEABILITY: I acknowledge that if any part of a provision in this agreement is unenforceable, said part of provision is considered severed from this agreement. The agreement will otherwise remain fully enforceable. By selecting “agree” below, I explicitly waive any statute or other right of any type that would invalidate the enforceability of any part of a provision herein.
CHOICE OF LAW: This agreement is governed and enforced in accordance with Oregon law.
I HAVE READ THE ABOVE WAIVER AND RELEASE. BY SELECTING “AGREE” BELOW, IT IS MY INTENTION TO EXEMPT AND RELIEVE RENDER CREATIVE SPACE FROM ANY LIABILITY FOR PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.