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TERMS AND CONDITIONS

By enrolling in any visual arts workshops or classes at Malibu Creative Arts Studio, hereinafter, MCAS, you hereby confirm that you understand and agree to our Terms and Conditions. If you do not agree to our terms and conditions, please do not enroll in a workshop or class. 

REGISTRATION FEE

To reserve a place in a Malibu Creative Arts Studio workshop or visual arts classes, students must pay full tuition + a non-refundable registration fee of $25. Students will risk losing a place in a workshop or class if the tuition is not paid in full at time of registration. If a class is full at time of registration, students may request to be placed on a waiting list by phone or email. 

REFUNDS

Students who wish to cancel their registration in a workshop must do so within a  48 hour period after enrollment in any course or class and must notify the MCAS by phone or email. After the 48 hour period a refund request will only be honored if said class or workshop is full with a waiting list, minus a 20% administration fee. There are absolutely no refunds once a class or workshop enrollment period has started, under any circumstances. 

If MCAS cancels a class or workshop, a full refund will be made, minus the non-refundable registration fee of $25. 

MCAS reserves the right to take and use photographs of students and student artworks for the purpose of MCAS promotion and publicity, with respect to student privacy. MCAS is not responsible for any lost or stolen articles at any of the venues where classes or workshops are held. MCAS does not accept responsibility for any student loss associated with unrecoverable travel costs and/or reservations. 

WAIVER OF LIABILITY, ASSUMPTION OF RISK, & INDEMNITY AGREEMENT

In consideration of being permitted to participate in any way in any of the activities at Malibu Creative Arts Studio, including, but not limited to, art classes, workshops, modeling sessions,  (hereinafter referred to as “Activities”), I, for myself, my heirs, personal representatives, or assigns, hereby release, waive, discharge, and covenant not to sue MCAS  and its officers, directors, employees, and agents (the “Releasees”) from liability from any and all claims, including the negligence and strict liability of the Releasees, resulting in any physical or psychological injury (including death), illness, property loss, damages, costs, and/or emotional or economic loss arising from, but not limited to, participation in any of the Activities.

Assumption of Risks: Participation in any of the Activities carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, but the risks range from, 1) minor injuries such as scratches, bruises, and sprains, to 2) major injuries such as eye injury, joint or back injury, injury to bone and/or soft tissue, heart attacks, concussions, pain, suffering, and emotional harm or damage, to 3) catastrophic injuries including paralysis and death, to 4) damage to my property.

I have read the above paragraph and I know, understand, and appreciate these and other risks that are inherent in or may occur when participating in any of the Activities. I hereby assert that my participation is voluntary and that I assume all such risks, both known and unknown to me, foreseeable or unforeseeable.

Indemnification: I agree to indemnify and hold Releasees harmless from any and all claims, actions, suits, procedures, costs, expenses, damages, settlements, and liabilities, including attorney’s fees or damage to my person or personal property, brought about as a result of my involvement in any of the Activities, and to reimburse the Releasees for any such expenses incurred. 

Entire Agreement, Governing Law, Severability: I agree that these terms constitute the entire agreement between the parties and that I have not relied on any representations or inducements apart from the terms herein. I further expressly agree that the foregoing terms are intended to be as broad and inclusive as is permitted by the laws of the State of California, and that if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect.

Voluntary Execution: I am 18 years old or older. I have read all of the provisions of these terms and understand the legal consequences of signing this document, including but not limited to 1) releasing Releasees from all liability, 2) promising not to sue Releasees, and 3) assuming all risks of participating in any of the Activities.

I understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am agreeing to this document freely and voluntarily, I am capable of executing this Release and Waiver of Liability, Assumption of Risk, & Indemnity Agreement, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. No other representations concerning the legal effect of this document have been made to me.