Terms and Conditions
By registering with Cuddly Cactus Designs, you agree to these terms and conditions:
Registration and Payment
You can pay by VISA, MasterCard, Discover or PayPal.
You can enroll online or by phone: 817-637-6563 for workshops requiring pre-registration. Payment is due at the time of registration. We accept VISA, MasterCard, Discover and PayPal. Payment and registration should be completed within 2 days of workshop to ensure your spot.
Business/Organization checks can be used to secure private events but dates are not guaranteed until paid for.
Open paint sessions accept walk-ins and can be paid for online or in cash as well as the above methods at the studio. We do not accept personal checks. (Open Paint is first come first serve and designs and customizations can only be guaranteed if you pre-register online)
Credit & Refund Policy
By attending a Cuddly Cactus Workshop, participant agrees to participate in the workshop during the time period chosen. If you must cancel your spot, you will receive a finished project or a project kit that can be completed during any open paint or at home according to the cancellation policy below.
There are no refunds of any portion of the workshop fee once payment is made. If a participant cancels participation in a workshop with at least 24 hour notice, a kit will be prepared and can be picked up during business hours or by appointment at Cuddly Cactus Creative Studio. Kits can be completed during an open paint session or taken home to complete. No shows and cancelations with less than 24 hours’ notice receive a kit or completed project depending on staff preference and workflow at the time.Unless otherwise noted Cuddly Cactus Workshops take place at:
Cuddly Cactus Creative Studio 1953 Golden Heights Fort Worth TX 76177
Release of Liability
CUDDLY CACTUS CREATIVE STUDIO RELEASE & WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION AGREEMENT
WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS THAT DEPRIVES YOU OF THE RIGHT TO SUE CUDDLY CACTUS CREATIVE STUDIO. BY CHECKING THE BOX TO ACCEPT THE WAIVER YOU INDICATE YOU ACCEPT IT AND HAVE READ IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.
ASSUMPTION OF RISK:
I understand and acknowledge that there are dangers, hazards and risks of injury or damages, some of which are inherent in my use of nail guns, staple guns, hammers, nails, saws, paint, barstools, wood, metal, sharp objects, and other various woodworking and craft equipment (“Equipment”) and at my presence at, or participation in, the Workshop. I understand that these dangers, hazards and risks, arising from my use of the Equipment and my presence at or participation in the Workshop, include but are not limited to the potential for SERIOUS BODILY INJURY, INCLUDING, BUT NOT LIMITED TO, PERMANENT DISABILITY, PARALYSIS AND DEATH, ACCIDENTS, ILLNESS, EQUIPMENT FAILURE, INADEQUATE SAFETY MEASURES, AND OTHER ACCIDENTS OR INCIDENTS THAT MAY RESULT IN INJURY OR DAMAGE (“Risks”). I understand and acknowledge that these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Workshop or related activities, the conditions in which the Workshop takes place, the conditions or set up of the premises of the Workshop (“Premises”) or through the NEGLIGENCE of Cuddly Cactus Desgins or any of the Released Parties (as defined below). I understand and acknowledge that there may be other risks or social and economic losses either known, not known or not readily foreseeable at this time, and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR ALL LOSSES, COST AND DAMAGES that I incur as a result of my participation in the Workshop.
I acknowledge and agree that if at any time I believe the conditions of the Workshop and related activities to be unsafe I will immediately discontinue any further participation in the Workshop or related activities or notify an instructor of such conditions.
RELEASE OF LIABILITY:
I hereby forever release and waive any and all rights, claims, and actions that I and my heirs, executors, administrators, and assigns may have, or that may hereafter accrue against Cuddly Cactus Designs, Cuddly Cactus Creative Studio, the Premises owners, and all other persons, organizations, and other entities associated with the workshop, and each of their respective parents, affiliates, officers, directors, partners, shareholders, members, agents, employees, and volunteers (“Released Parties”), of any kind or nature, which arise out of, result from, or relate to my use of, presence at, or participation in the workshop, which may arise out of, result from, or relate to the ordinary negligence of the Released Parties.
I HEREBY RELEASE, DISCHARGE AND COVENANT NOT TO SUE THE RELEASED PARTIES FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT WHETHER TO MY PERSON OR PROPERTY, CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE RELATED TO THE ACTIVITIES OR THE PREMISES, INCLUDING NEGLIGENT RESCUE OPERATIONS. I FURTHER AGREE THAT IF DESPITE THIS AGREEMENT I, OR ANYONE ON MY BEHALF, MAKES A CLAIM AGAINST ANY OF THE RELEASED PARTIES, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES AND THEIR INSURANCE CARRIERS FROM ANY LITIGATION EXPENSES, FEES INCLUDING COURT AND ATTORNEY, LOSS, LIABILITY, DAMAGE, OR COST WHICH RELEASED PARTIES MAY INCUR AS A RESULT OF SUCH CLAIM.
In the event of an illness, injury or medical emergency arising during the Workshop, I hereby authorize and give my consent to Cuddly Cactus Designs to secure from any accredited hospital, clinic and/or physician any treatment deemed necessary for my immediate care. I agree that I will be fully responsible for payment of any and all medical services and treatment rendered to me including but not limited to medical transport, medications, treatment and hospitalization and agree to indemnify and hold harmless the Released Parties from any liability associated with the treatment or related expenses.
RELEASE FOR PERSONAL LIKENESS:
By entering the Premises and participating in the workshop, I understand that Cuddly Cactus Designs, Cuddly Cactus Creative Studio and their affiliates, agents, representatives, and assigns may take photographs and/or video during class of participants and/or their work. I grant to Cuddly Cactus Designs and their successors, franchisees, assigns and licensees my irrevocable consent to include my photographic image and voice in various marketing materials, including but not limited to social media, websites, flyers, posters, and other promotional materials. All photographs, film or video footage, or other audio or video recordings of the workshops and its participants, and any works derived therefrom, shall be the sole property of Cuddly Cactus Designs, or their assigns, as applicable, and you waive any and all rights of publicity, privacy or other rights therein. If you do not wish to be photographed or recorded, you should not participate in the Workshop.
I HAVE READ THIS ENTIRE AGREEMENT, I FULLY UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN UP AND WAIVED SUBSTANTIAL RIGHTS. I HAVE SIGNED THIS AGREEMENT VOLUNTARILY AND FREELY WITHOUT INDUCEMENT, DURESS, OR ANY ASSURANCES OF ANY NATURE. I INTEND THIS AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND I AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE REMAINDER OF THE AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT, NOTWITHSTANDING ANY INVALID PORTION OF THIS AGREEMENT.
THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS; ANY DISPUTES ARISING OUT OF THIS AGREEMENT SHALL HAVE SOLE AND EXCLUSIVE JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS OF TARRANT COUNTY, TEXAS.
As the Parent and/or Legal Guardian to the minor participant of the Workshop, I hereby accept and agree to all of the terms and conditions of this Agreement in connection with the minor’s participation in the workshop. If, despite this Agreement, I, or anyone on the minor’s behalf, makes a claim for liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such liabilities which any may be incurred as the result of such claim. PARENT/GUARDIAN SIGNATURE IS REQUIRED IF PARTICIPANT IS UNDER THE AGE OF 18