Liability waiver and user agreement

LIABILITY WAIVER AND USER AGREEMENT

WAIVER OF LIABILITY, PHOTOGRAPHY/VIDEO RELEASE & INDEMNIFICATION AGREEMENT

I hereby waive, release and discharge any and all claims and damages for personal injury, death, or property damage which I, or my minor children, may sustain or which may occur as a result of my own participation, or that of my minor children, with ZEAL CREATIVE STUDIOS, owned and operated by Kaitlin (Kate) McNamara.

I further understand and agree that:

1. This release is intended to discharge in advance ZEAL CREATIVE STUDIOS, its owners, officers, employees, volunteers, contractors, directors, agents and successors from and against any and all liability, except for their sole negligence or intentional acts, connected in any way with my participation or my minor children’s participation in ZEAL CREATIVE STUDIOS activities;

2. Such activities may be of a hazardous, strenuous, and/or physical nature, cause injuries and participation in said activities may result in injury, death or property damage;

3. Products used at the studio can expose you to chemicals, including crystalline silica, which is known to cause cancer or birth defects or other reproductive harm. For more information, go to https://www.ohcow.on.ca/occupational-illness/exposures/silica/

4. Knowing the risk involved, nevertheless, I voluntarily request permission for myself or my minor child to participate in said activities;

5. I hereby assume any and all risks of injury, death or property damage and to release and hold harmless ZEAL CREATIVE STUDIOS, officers, employees, volunteers, contractors, directors, agents and successors, except for their sole negligence or intentional acts;

6. This waiver, release and assumption of risk is binding on me and my heirs and assigns;

7. I will indemnify and hold ZEAL CREATIVE STUDIOS harmless from any loss, liability, damage, cost or expense, including litigation, which it may incur as a result of any injury and/or property damage which myself or my minor children may sustain while participating in said activities;

8. I will compensate any loss, damage, or cost ZEAL CREATIVE STUDIOS may incur if any litigation arises due to any claim made by myself, said minors, or by anyone on said minor’s behalf;

9. Activities are not child care as defined by the Province of Ontario;

10. ZEAL CREATIVE STUDIOS is not responsible for unattended children on the premises;

11. I expressly allow, and hereby waive any objection to, ZEAL CREATIVE STUDIOS photographing and/or videotaping of me and/or my minor children when I and/or my minor children are participating in ZEAL CREATIVE STUDIOS programs;

12. I understand and agree that all photographs and videotapes will remain the property of ZEAL CREATIVE STUDIOS, and that ZEAL CREATIVE STUDIOS may use such photographs or videotapes for archival and promotional purposes.

If I take any steps to make a claim for damages against ZEAL CREATIVE STUDIOS, it’s agents, employees, contractors or any other released parties, I shall be obligated to pay for all attorney’s fees and cost incurred as a result of such claim.

I have carefully read this Waiver of Liability, Photography/Video Release and Indemnification Agreement and fully understand its contents. I am aware that this is a release of liability and a contract between myself and ZEAL CREATIVE STUDIOS, and that I sign it of my own free will. 

Updated: 2026-03-18