December 14, 2021

A Crafted Christmas Release of Liability

RELEASE OF LIABILITY

READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS

In exchange for participation in the activity of A Crafted Christmas Ornament Class organized by The Beerded Lady Craft Beer Commodities, LLC of 3114 S G St, Rogers, Arkansas, 72758 and/or use of the property, and services of The Beerded Lady Craft Beer Commodities, LLC, you agree for yourself and (if applicable) the members of your family, to the following:

1. AGREEMENT TO FOLLOW DIRECTIONS:  You agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by The Beerded Lady Craft Beer Commodities, LLC, or the employees, representatives or agents of The Beerded Lady Craft Beer Commodities, LLC.

2. ASSUMPTION OF THE RISKS AND RELEASE:  You recognize that there are certain inherent risks associated with the above described activity and you assume full responsibility for personal injury to yourself and (if applicable) your family members, and further release and discharge The Beerded Lady Craft Beer Commodities, LLC for injury, loss, or damage, arising out of your or your family’s use of or presence upon the facilities of The Beerded Lady Craft Beer Commodities, LLC, whether caused by the fault of yourself, your family, The Beerded Lady Craft Beer Commodities, LLC, or other third parties.

3. INDEMNIFICATION: You agree to indemnify and defend The Beerded Lady Craft Beer Commodities, LLC against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigations costs, which may in any way arise from you or your family’s use of or presence upon the facilities of The Beerded Lady Craft Beer Commodities, LLC.

4. FEES: You agree to pay for all damages to the facilities of The Beerded Lady Craft Beer Commodities, LLC and Ozark Beer Company caused by any neglect, reckless, or willful actions by you or your family.

5. APPLICABLE LAW: Any legal or equitable claim that may arise from participation in the above shall be resolved under Arkansas law.

6. NO DURESS: You agree and acknowledge that you are under no pressure or duress to agree to this Agreement, and you have been given a reasonable opportunity to review it. You further agree and acknowledge that you are free to have your own legal counsel review this Agreement if you so desire. You further agree and acknowledge that The Beerded Lady Craft Beer Commodities, LLC has offered to refund any fees you have paid to use its facilities if you choose not to agree to this Agreement.

7. ARM’S LENGTH AGREEMENT: This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

 

8. ENFORCEABILITY: The invalidity or unenforceability of any provision of the Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.