ARCADIA STUDIOS LLC AGREEMENT AND LIABILITY WAIVER

PLEASE READ THE FOLLOWING AGREEMENT AND WAIVER CAREFULLY, AS IT AFFECTS YOUR FUTURE LEGAL RIGHTS. BY PROCEEDING WITH REGISTERING FOR THE EVENT, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ THE AGREEMENT AND WAIVER AND AGREE TO THE TERMS SET FORTH BELOW. CREATOR CAMP IS SUBSTITUTED AS THE EVENT BELOW.

Key Points:

The event may be physically challenging and pose risks including discomfort, illness, injury, or death
It's your responsibility to ensure sufficient physical condition for participation
Some events pose inherent risks to participants and observers
For participants under 18, guardians agree to these terms on their behalf

According to the Texas Health and Human Services, Creator Camp is exempt from being licensed as a Child Care facility (Child Care Regulation). Creator Camp is considered a Single Skills Program during Summer and will not be licensed under Title 26 Texas Administrative Code §745.129(2).

1. Authority to Register and/or to Act as Agent

You represent and warrant to Arcadia Studios, LLC ("Arcadia Studios") that you have full legal authority and capacity to complete the registration for the Event, including this Agreement and Waiver, on behalf of yourself and/or, where applicable, any party for whom you are registering (the "Registered Parties"), including full authority to make use of the credit or debit card to which registration fees will be charged.

As used in this Agreement and Waiver:

"Arcadia Studios" means and includes Arcadia Studios, LLC (Creator Camp), its partners, licensors, and any and all subsidiaries, affiliated entities, or entities that control, are controlled by, or are under common control with Arcadia Studios singly or together and its and each of their officers, employees, contractors, subcontractors and agents and each of their agents, representatives, successors and assigns;
"you" or "your" means and includes you (as an individual) and all other Registered Parties for whom you are registering, and by virtue of agreeing to this Agreement and Waiver, for whom you are waiving certain rights.

2. ASSUMPTION OF RISK

In consideration of the acceptance of your registration and participation in the event, you assume full and complete risk and responsibility for any discomfort, illness, injury, or accident which may occur while you are preparing for the event, during the event, while you are on the premises of the event, or while you are traveling to or from the event.

You understand that participating in the event may be hazardous, and that you should not enter and participate unless you are in sufficient physical condition to participate. If needed, you should consult your doctor before participating in the event.

3. Representations

You represent and warrant that your child is in sufficient physical condition to safely participate in the Event, and have no medical condition that would make your participation in the Event more hazardous. You consent to your child receiving medical care and transportation in order to obtain treatment in the event of injury and understand that this Agreement and Waiver extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.

You understand that no medical care may be available, but if it is, you assume liability for any and all medical expenses incurred as a result of participation in the Event (where such medical expenses are not provided on a free of charge basis by any medical services organizations, clinics, or hospitals), including, but not limited to:

Ambulance transport
Hospital stays
Physician services
Pharmaceutical goods and services

You agree to:

Observe and obey all posted rules and warnings
Follow any instructions or directions provided by Arcadia Studios or the Event organizer
Abide by any decision of any Event official relative to your ability to safely participate in or attend the Event

You understand and agree that your child is expected to exhibit appropriate behavior at all times while at the Event and to obey all applicable laws while participating in or attending the Event. This includes, generally, respect for other people, equipment, facilities or property.

You agree that Event officials may dismiss you, without refund, should your behavior, in the opinion of Arcadia Studios or the Event organizer, endanger the safety of or negatively affect the Event.

You understand and agree that you are responsible for taking care of your own personal belongings during the Event and, to the maximum extent permitted by law, neither Arcadia Studios nor the Event organizer is responsible for any personal item or property that is lost, damaged or stolen at the Event.

You understand and agree that the Event organizer reserves the right to cancel the Event in the event of weather (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots, or for any reason that would affect the safety and security of Event participants and/or spectators or the feasibility of the Event to be held. In the event of such cancellation or any other cancellation for any reason, there will be no refund of your payment unless authorized and paid by the Event organizer.

4. Release and Waiver of Liability

You hereby waive, release, covenant not to sue and forever discharge Arcadia Studios and all other persons associated with the Event, for all liabilities, claims, actions, or damages that you may have against them arising out of or in any way connected with your registration and/or participation in the Event, including without limitation any liabilities, claims, actions, or damages caused by negligence of the above parties (including any negligent rescue attempt), the action or inaction of any of the above parties, or otherwise.

6. Disclaimer of Warranties

You expressly agree that use of Arcadia Studios's services is at your sole risk. The services are provided on an "as is" and "as available" basis. Arcadia Studios makes no warranty that Arcadia Studios sites' services will be uninterrupted, secure, or error free.

Arcadia Studios expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. Arcadia Studios does not guarantee the accuracy or completeness of any information on, or provided in connection with, the Arcadia Studios sites. Arcadia Studios is not responsible for any errors or omissions, or for the results obtained from the use of such information.

7. Severability

You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by applicable law, and if any provision of this Agreement and Waiver is held to be unenforceable by a court of competent jurisdiction for any reason whatsoever:

The validity, legality, and enforceability of the remaining provisions of this Agreement and Waiver (including without limitation, all portions of any provisions containing any such unenforceable provision that are not themselves unenforceable) shall not in any way be affected or impaired thereby
To the fullest extent possible, the unenforceable provision shall be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and the Agreement and Waiver shall be deemed amended accordingly

8. Acceptance

By indicating your acceptance of this Agreement and Waiver, you are affirming that you have read this Agreement and Waiver and fully understand its terms. You understand that you and all registered parties are giving up substantial rights, including the right to sue.

You acknowledge that you are agreeing to this Agreement and Waiver freely and voluntarily, and intend by your acceptance to be a complete and unconditional release of all liability to the greatest extent allowed by law. If the participant is a minor or incapacitated adult, you certify that you are the participant's parent or guardian and agree to this waiver and release from liability on behalf of the participant.

9. Applicable Law; Consent to Jurisdiction

Provisions Applicable to Events Held in the United States of America:

You agree that the laws of the State of Texas, United States of America, without regard to the conflict of laws principles thereof, will apply to all matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any dispute with Arcadia Studios relating to this Agreement and Waiver resides in the courts of Houston, Texas, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Houston, Texas in connection with any such dispute including any claim involving Arcadia Studios.

Terms and Conditions