D.I.Y. Slime Terms & Conditions
I acknowledge, understand, and agree that the use of liquid starch, glue, paint, pigment, scents, and all other additive substances and crafting materials (collectively, “D.I.Y. Slime Materials”) could pose inherent risks to myself, my child(ren), or a third party during the preparation/making of slime or while playing with slime. Such risks include but are not limited to: irritation to the skin or eyes, with possibility of corneal injury if not removed promptly from the eye, worsening of any skin condition, such as eczema or dermatitis, defatting and drying of the skin due to repeated and prolonged exposure to liquid starch, which may result in irritation and dermatitis, injury or infection to an open wound, skin break, or other body part that comes into contact with the D.I.Y. Slime Materials, irritation to the respiratory tract due to inhalation of liquid starch, allergic reactions to any ingredients used, and more serious injuries if any ingredient is ingested. I acknowledge that D.I.Y. Slime Materials may cause damage to personal property, either while making slime or at any time after while handling or coming into contact with slime. I acknowledge and agree that I am solely responsible for monitoring my child(ren) and his/her use of D.I.Y. Slime Materials. I understand that D.I.Y. Materials being used might splatter, spill, or be ingested if left unmonitored. I acknowledge that D.I.Y. Slime has no responsibility for monitoring the use of its materials after they are removed from its premises.
I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or my child(ren) possess, whether known or unknown, which might contribute to or exacerbate any injury I or my child(ren) might sustain as a result of using D.I.Y. Slime Materials. I acknowledge and agree that if medical assistance of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy is required or performed as a result of any injury my child(ren) or I sustain while using D.I.Y. Slime Materials, such medical assistance shall be at my own expense.
The Releasing Parties hereby forever, irrevocably, and unconditionally release, waive, relinquish, discharge from liability, and covenant not to sue D.I.Y. Slime!, LLC, and their successors, predecessors-in-interest, and insurers (collectively, the “Releasees") from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees, damages, judgments, and liabilities, of whatever kind or nature, in law, equity, or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my use of D.I.Y. Slime Materials, the failure to warn of dangerous conditions in connection with the D.I.Y. Slime Materials, and/or the acts or omissions of D.I.Y. Slime or any of the Releasees, including, without limitation, any claim for negligence, failure to warn, or other omission, property damage, personal injury, emotional injury, illness, bodily harm, choking, or death. In the event that any claim released herein is brought by, or asserted on behalf of, the Releasing Parties, I shall immediately defend, indemnify and hold harmless the Releasees collectively, and any of them individually, from any loss or liability, including reasonable attorneys' fees, associated therewith or arising therefrom.
I understand that any dispute or claim related to these terms and conditions shall be submitted to arbitration. I understand that by agreeing to arbitrate any dispute as set forth in this section, I am waiving my right, and the right(s) of my child(ren), to maintain a lawsuit against D.I.Y. Slime, LLC! and the other Releasees for any and all claims covered by these terms and conditions. By agreeing to arbitrate, I understand that my child(ren) and I will not have the right to have my claim determined by a jury. Reciprocally, D.I.Y. Slime!, LLC and the other Releasees waive their right to maintain a lawsuit against me and my child(ren) for any dispute or claim related to these terms and conditions and that such claim shall instead be submitted to arbitration. I agree that any dispute, claim or controversy arising out of or relating to my or my child(ren)’s use of the D.I.Y. Slime Materials, including the determination of the scope or applicability of these terms and conditions to arbitrate, shall be brought within one year of its accrual (i.e., the date of the alleged injury or property damage). I agree that the arbitration shall be determined by JAMS or the American Arbitration Association in the county of the D.I.Y. Slime Facility, New York, before one arbitrator. I agree that in any arbitration proceeding, reasonable discovery can be conducted pursuant to the arbitration rules and any arbitration award will be enforceable in state or federal court. These terms and conditions shall be governed by, construed, and interpreted in accordance with the laws of the State of New York, without regard to choice of law principles.
I confirm that I have had sufficient opportunity to read these terms and conditions and I agree that in the event that any clause or provision of these terms and conditions shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of these terms and conditions which shall continue to be enforceable. The failure of D.I.Y. Slime!, LLC to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision or impairment of its right to enforce such provision or any other provision of these terms and conditions.