PARTICIPANT AGREEMENT, WAIVER AND RELEASE OF LIABILITY

I have voluntarily elected to use and, if applicable, to allow the minor child(ren) identified below, to use the Splatter Room at Homespun Elegance and equipment located at 1551 Valley West Drive, Suite 232 & 233, West Des Moines, IA 50266. In consideration for being allowed to use said facilities and equipment, and any other services provided by Homespun Elegance or its employees or agents at said location, I represent, acknowledge and agree as follows:

I fully understand and acknowledge that; (a) The Splatter Room is not recommended for persons suffering from egg allergies or other unknown allergies; although the paint we use does not list egg as an ingredient it can be an ingredient in tempera paint; (b) risks and dangers exist in my use of The Splatter Room activities; (c) my participation in such activities and/or use of such equipment may result in my injury or illness including but not limited to bodily injury, disease strains, fractures, partial and/or total paralysis, eye injury, blindness, heat stroke, heart attack, death or other ailments that could cause serious disability; (d) I  further acknowledge  that the above list is not inclusive of all possible inherent risks associated with the use of the splatter room service equipment, and facilities, (e) these risks and dangers may be caused by the negligence of the owners, employees, officers or agents of Homespun Elegance; 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; and (f) by my participation in these 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 of Homespun Elegance, or by any other person.

I, on behalf of myself, my personal representatives and my heirs, herby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Homespun Elegance and it’s owners, agents, officers, and employees from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services or otherwise, which may arise out of my use of the splatter room activities. 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 or employees of Homespun Elegance.

If the participant is of minority age, the undersigned parent or guardian hereby gives permission for Homespun Elegance to authorize emergency medical treatment as may be deemed necessary for the child named below while participating in the spatter room from this date on.

I have read the above waiver and release and by accepting below I agree it is my intention to exempt and relieve Homespun Elegance from liability for personal injury, property 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 playing privileges without any refund.

SAFETY RULES
Keep goggles and foot coverings on at all times
No pushing, shoving, hitting or throwing containers at other participants

I understand that as a public facility, pictures and or video may be taken by Homespun Elegance staff or others, and I grant them the right to publish, and re-publish video, photographic portraits or pictures of me or my child(ren) in which I (we/they) may be included, in whole or in part.