before you throw paint
Participant Waiver
Version 1.0
Gordon Davis, trading as Seaside Splatter
Address: 49 Norfolk Square, Brighton, England BN1 2PA, United Kingdom
Email: seasidesplatter@gmail.com
In this Waiver, "we", "us", and "our" mean Gordon Davis, trading as Seaside Splatter.
The Activities
Participants take part in paint splatter / splatter-painting sessions (the Activities) run by us.
Who can take part
Participants must be aged 3 or over. Any Participant under 18 must be accompanied and supervised by a responsible adult aged 18 or over throughout the Activities.
Who is accepting this Waiver
This Waiver is accepted by the person making the booking (the Booker) on behalf of everyone included in the booking (the Participants).
By ticking the acceptance box at checkout, you, the Booker, confirm that:
- you are 18 years of age or older;
- you have read, understood, and agree to this Waiver;
- you are accepting it on behalf of yourself and every other Participant in this booking; and
- you have the authority to accept this Waiver for every Participant, including any Participant under the age of 18 - whether as their parent or legal guardian, or because each Participant (or, for a Participant under 18, their parent or legal guardian) has authorised you to do so.
You agree to make every Participant aware of this Waiver and to ensure that each of them complies with it. Where any Participant is under 18, you confirm that you accept this Waiver as their parent or legal guardian (or with that person's authority), and that you take responsibility for that Participant's safety and conduct during the Activities.
Acknowledgement of risks
Participation in the Activities involves inherent risks, including:
- death, serious injury, or permanent disability;
- cuts, bruises, sprains, fractures, or other physical injuries;
- psychological or emotional distress;
- equipment failure or malfunction;
- the actions of other participants or third parties;
- aggravation of pre-existing medical conditions; and
- property damage or loss.
Risks specific to the Activities include:
- slipping or falling on paint-covered surfaces;
- paint contact with skin, eyes, or clothing;
- paint inhalation or ingestion; and
- injury caused by paint-throwing by other participants.
In particular, paint is likely to stain or damage clothing, footwear, and personal belongings. You accept this risk, agree to wear or bring clothing you are willing to have permanently marked, and accept that we are not responsible for damage to clothing or personal belongings.
You confirm that you have read this risk warning and that you, on behalf of yourself and every Participant, are aware of and voluntarily accept the risks that may arise from participation in the Activities.
Medical disclosure
You warrant that each Participant is in good physical and mental health and has no medical condition that would prevent safe participation in the Activities. You agree to disclose to our staff any relevant medical condition, medication, or physical limitation that could affect a Participant's safety or ability to take part.
Participation must stop immediately if a Participant feels unwell, experiences any discomfort, or if you become aware of any condition that may affect safe participation. In the event of injury during the Activities, you agree to seek appropriate medical attention and to notify our staff immediately.
Please disclose any medical information to our staff directly - do not enter it into the booking form.
Rules and conduct
You agree to follow, and to ensure every Participant follows, all posted rules, warnings, and instructions given by our staff. Each Participant is responsible for their own actions and decisions during the Activities.
Release and waiver of claims
This Waiver does not exclude or limit liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded or limited. Nothing in this Waiver affects your statutory rights as a consumer.
Subject always to the paragraph above, and to the extent permitted by law, you acknowledge and agree, on behalf of yourself and every Participant, that:
- Voluntary participation: participation in the Activities is entirely voluntary.
- Assumption of risk: you voluntarily accept the risks of the Activities described above, except as limited by law.
- Release: you release Gordon Davis (trading as Seaside Splatter) and our staff, agents, and contractors from liability for loss or damage arising from participation in the Activities, except to the extent that liability cannot be released as a matter of law.
- Waiver of claims: to the extent permitted by law, you waive claims for property loss, theft, or damage; emotional distress or psychological harm; and consequential, indirect, or punitive damages.
Governing law
This Waiver is governed by the laws of England and Wales, and you submit to the exclusive jurisdiction of the courts of England and Wales.
How this Waiver is accepted
This Waiver is accepted electronically when you complete your booking. When you tick the acceptance box and check out, the name you entered, the date and time of your acceptance, and the version of this Waiver (shown above) are recorded as your electronic signature. No handwritten signature is required.
For any questions, please contact us using the details above.