WAIVER, RELEASE AND INDEMNITY 

Waiver and Release:      In consideration of being permitted to participate in a candle making class (the “Class”) offered by Designed by Ashley, LLC (the “Company”). I, for and behalf of myself, my heirs, personal representatives and all persons claiming by or through me, hereby release, waive and discharge the Company and its officers, directors, employees, contractors and agents (the “Released Parties”) from all existing and future claims and/or causes of action arising from or relating to the Class, my presence on the  Company’s premises (the “Premises”) or my use of the Company’s tools, equipment or facilities (the “Equipment”) including, without limitations, injury, illness, death, or property loss, regardless of whether arising, in whole or in part, from the action or inaction of any Released Parties.

Assumption of Risk:      The Company may, but is not obligated to, permit the consumption of alcoholic beverages on the Premises. I understand that participation in both candle making and drinking alcohol certain known and unknown risks that cannot be eliminated regardless of the care taken to avoid injuries. I acknowledge that I am aware and voluntarily expose myself to risk inherent in candle making, including but not limited to, physical and emotional injury or death resulting from serious burns/scalding and other heat-related injuries: slippery surfaces; lacerations; allergic reactions; and eye injuries. I further acknowledge that if I choose to consume alcohol on the Premises, I am aware of voluntarily expose myself to the many risk of alcohol consumption, and the risk that alcohol consumption might exacerbate the risk inherent in candle making. I hereby knowingly assume full and sole responsibility for all of the foregoing risk and acknowledge that my participation in the Class is fully voluntary.

Indemnification and Hold Harmless:      I agree to indemnify, defend and hold harmless the Released Parties from any and all existing and future claims, actions, suits, procedures, cost, expenses, damages and liabilities (including, without limitations, reasonable attorney’s fees and court costs) brought, asserted, incurred or arising from or as a result of my participation in the Class, my presence on the Premises or my use of the Equipment.

Policies and Procedures:      I understand that the Company may impose certain policies and procedures in connection with the Class, including without limitation the right to exclude intoxicated parties from the Premises or participation in the Class. I agree to abide by any and all such policies and procedures and understand that if I violate them, I may be asked to leave the Premises without refund of any fees or other cost I may have incurred in connection with the Class.

Use of Likeness:      I hereby grant to the Company the right to use my likeness and recorded actions during my participation in the Class, without charge, in Company marketing and promotional materials.

Minors:      I understand that I cannot bring any children under age 5 to the premises during the Class, and that all Class participants must be at least 10 years old. I will ensure that 1 adult will remain present on the Premises during the entire Class for (a) every 3 participants ages 10-14; or (b) any group Class participants ages 15-16. I understand that each Class participant who is under age 18 must have a parent or guardian sign this waiver on behalf of the Class participant. No alcohol will be served or may be consumed on the Premises by any person who does not present a valid ID indicating such person is at least age 21.

Severability:      In event that any court of competent jurisdiction shall declare any part of this agreement provision to be invalid, prohibited, or unenforceable, the remaining portions of this agreement shall remain enforceable. To the fullest extent allowed by the law, any invalid, unenforceable or prohibited portions of this agreement shall be modified by a court of law so as to allow the same to be interpreted in such a manner so as to be enforceable.

IN WITNESS WHEREOF, I have executed this Waiver, effective as of the date set forth below.