LILLY JAMES

Liability Waiver 14-17

Participation is limited to persons age 14 or older. No person younger than 14 may participate.

For a Minor age 14 through 17:

The Minor’s parent, natural guardian, or legally authorized guardian must complete and sign this Agreement.

The Guardian must have legal authority to consent to the Minor’s participation and execute this Agreement.

The signing Guardian must remain physically present in the workshop throughout the Minor’s participation.

The Guardian may remain as a nonparticipating supervisor or may participate after completing and signing a separate adult participant waiver.

A Guardian who participates must still supervise the Minor and remain available to assist Lilly James personnel when requested.

The Minor must also read or have this Agreement explained in an age appropriate manner and complete the Minor acknowledgment.

The Experience is an approximately two hour, beginner friendly, guided workshop in which participants use real silversmithing tools, materials, equipment, heat sources, and workshop processes to design and create a custom ring.

Activities may include:

Sawing metal.

Filing and sanding.

Hammering, stamping, shaping, and texturing.

Operating or working near torches.

Annealing metal.

Soldering.

Pickling.

Applying or working near cleaning agents, polishing compounds, fluxes, and other workshop materials.

Using polishing machines.

Using rotary tools.

Handling hot metal, sharp metal, tools, and workpieces.

Participating in demonstrations, instruction, fitting, finishing, cleaning, and related jewelry making processes.

The exact activities, tools, materials, and processes may vary based on the ring design, instructor decisions, location, equipment availability, participant ability, and safety considerations.

The Guardian and Minor understand that the Experience contains known and unknown inherent risks.

An inherent risk is a danger or condition that is characteristic of, intrinsic to, or an integral part of the Experience and that cannot be completely avoided or eliminated even when Lilly James uses reasonable care.

Inherent risks include, without limitation:

Cuts, lacerations, puncture wounds, abrasions, splinters, and injuries from saws, files, sharp metal edges, tools, equipment, and workpieces.

Burns and thermal injuries from torches, flames, hot metal, solder, heated tools, polishing equipment, sparks, annealing, and related processes.

Fire related injuries or property damage.

Eye injuries from flying debris, sparks, metal particles, fragments, dust, liquids, polishing compounds, or splashes.

Skin irritation, chemical burns, allergic reactions, sensitization, respiratory irritation, or other reactions from metals, pickling solutions, cleaning agents, polishing compounds, fluxes, fumes, dust, particulates, latex, or other materials.

Respiratory discomfort or injury from fumes, vapors, dust, smoke, or airborne particulates.

Impact, pinch, crush, repetitive strain, muscle, joint, hand, wrist, arm, shoulder, neck, or back injuries.

Slips, trips, falls, collisions, and contact with tools, furniture, equipment, cords, participants, or other objects.

Hearing discomfort or injury from hammering, machinery, tools, or workshop noise.

Damage to clothing, footwear, phones, jewelry, bags, and other personal property.

Injury or damage caused or contributed to by the Minor or another participant acting negligently, carelessly, intentionally, unexpectedly, or contrary to instructions.

Equipment malfunction, tool breakage, unexpected tool movement, electrical hazards, and unexpected material failure.

Risks arising while entering, occupying, moving through, or leaving a location where the Experience is conducted.

Serious bodily injury, permanent disability, disfigurement, illness, property damage, or death.

The Guardian and Minor understand that this list is not complete and that additional inherent risks may exist.

The Guardian voluntarily permits the Minor to participate in the Experience with knowledge of the inherent risks.

The Guardian and Minor knowingly and voluntarily assume all inherent risks associated with:

Participating in the Experience.

Using or being near tools, equipment, heat sources, chemicals, metals, machinery, and workshop materials.

Being present at a location where the Experience is conducted.

The acts or omissions of the Minor or another participant.

The Minor’s physical limitations, medical circumstances, failure to follow instructions, or failure to use required protective equipment.

The Guardian accepts responsibility for determining whether the Experience is appropriate for the Minor.

TO THE MAXIMUM EXTENT PERMITTED BY FLORIDA LAW, THE GUARDIAN, ON BEHALF OF THE GUARDIAN AND THE MINOR, RELEASES, WAIVES, AND DISCHARGES LILLY JAMES LLC AND ITS OWNERS, AFFILIATES, EMPLOYEES, AGENTS, INSTRUCTORS, VOLUNTEERS, CONTRACTORS, SUCCESSORS, AND ASSIGNS, COLLECTIVELY REFERRED TO AS THE “RELEASED PARTIES,” FROM CLAIMS OR CAUSES OF ACTION FOR PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE TO THE MINOR THAT RESULTS FROM AN INHERENT RISK OF THE EXPERIENCE.

This release is intended to be limited to the scope authorized by section 744.301, Florida Statutes, and other applicable Florida law.

This release includes inherent risks that remain even when an activity provider uses reasonable care. It also includes the inherent risk that the Minor or another participant may act negligently or intentionally and contribute to the Minor’s injury or death.

This release does not waive a claim to the extent the claim is outside the scope that a parent or guardian may legally waive under Florida law.

The Guardian agrees to ensure that the Minor complies with all safety rules and instructions.

The Guardian and Minor agree that the Minor will:

Follow all instructor directions immediately and completely.

Not work ahead, begin a process, operate equipment, or use a tool unless expressly authorized.

Wear safety glasses whenever directed and keep them on until an instructor states they may be removed.

Wear an apron and all other required protective equipment.

Wear a dust mask or other respiratory protection during designated processes.

Wear closed toe shoes.

Tie back long hair securely.

Secure loose clothing.

Remove or securely tuck in necklaces, dangling jewelry, scarves, accessories, and loose items.

Keep food out of the work area.

Keep drinks in closed containers with secure lids and away from tools, chemicals, equipment, and work surfaces.

Refrain from running, horseplay, disruptive behavior, distracting conduct, harassment, threats, or conduct that may endanger any person.

Keep hands, tools, and work within the assigned work area.

Not touch another participant’s tools, materials, project, or work area without permission.

Immediately report any injury, cut, burn, pain, dizziness, breathing difficulty, discomfort, spill, fire, equipment malfunction, damaged tool, or unsafe condition.

Stop participating immediately when instructed.

Use tools and equipment only for their intended purposes.

Never aim a torch at a person, furniture, equipment, or anything other than the authorized workpiece and designated safe area.

Treat all metal, tools, and equipment as hot until an instructor confirms otherwise.

Not participate while impaired by alcohol, cannabis, illegal drugs, or any substance that may affect safe participation.

Lilly James may modify, restrict, or prohibit any process, tool, design, or activity based on safety, participant ability, equipment protection, or operational considerations.

Before the Minor participates, the Guardian agrees to notify an instructor if the Minor has any limitation, allergy, sensitivity, pregnancy related concern, mobility issue, respiratory concern, vision concern, hearing concern, medication effect, or other circumstance that may affect safe participation.

The Guardian is not required to disclose a diagnosis or private medical details but must provide enough information for Lilly James personnel to make reasonable safety decisions.

Lilly James personnel are not medical professionals and do not provide medical advice. The Guardian is responsible for determining whether participation is appropriate for the Minor and for consulting a qualified medical professional when necessary.

Lilly James may restrict or decline the Minor’s participation if it reasonably believes participation may create an unacceptable safety risk.

Alcohol is prohibited during the Experience and may not be sold, provided, consumed, or brought into the workshop.

This policy applies to regular workshops, private events, corporate events, mobile workshops, pop up events, and all other Experiences.

The Guardian agrees that neither the Guardian nor the Minor will attend or remain at the Experience while impaired.

The Guardian must remain physically present throughout the Minor’s participation.

The Guardian agrees to:

Remain attentive and reasonably available.

Support the instructor’s safety directions.

Not encourage the Minor to disregard or work beyond the instructor’s directions.

Immediately notify staff of any safety, medical, behavioral, or participation concern involving the Minor.

Remove the Minor from the Experience if requested.

The presence of the Guardian does not transfer responsibility for conducting or supervising the Experience from Lilly James to the Guardian. However, the Guardian remains responsible for the Minor’s conduct and compliance with instructions.

Lilly James may refuse admission, suspend participation, or immediately remove the Minor or Guardian for:

Failing to sign the required Agreement.

Failing to follow instructions.

Violating safety rules.

Appearing impaired.

Misusing tools, equipment, chemicals, or materials.

Engaging in unsafe, disruptive, threatening, abusive, or harassing conduct.

Wearing unsafe clothing or footwear.

Creating a danger to any person, the premises, tools, or equipment.

Failing to provide required Guardian supervision.

Providing false information.

Any other conduct Lilly James reasonably determines is unsafe or inappropriate.

No refund, credit, replacement workshop, or other compensation will be provided if the Minor or Guardian is denied participation or removed for any of these reasons.

If the Guardian cannot immediately respond during an emergency, the Guardian authorizes Lilly James personnel to:

Provide reasonable basic first aid within the scope of their training and available supplies.

Contact emergency medical services, law enforcement, fire rescue, or another appropriate responder.

Provide responders with information reasonably necessary to assist the Minor.

Arrange for emergency transportation when reasonably believed necessary.

Contact the emergency contact identified in this Agreement.

The Guardian understands that Lilly James does not provide professional medical treatment and does not guarantee that first aid or emergency assistance will be immediately available.

The Guardian accepts responsibility for all ambulance, emergency response, hospital, medical, dental, rehabilitation, medication, and related expenses incurred for the Minor.

The Guardian accepts financial responsibility, to the extent permitted by law, for loss or damage to tools, equipment, materials, furniture, fixtures, the premises, or another person’s property caused by the Minor’s negligent, reckless, intentional, or unauthorized conduct.

To the fullest extent permitted by law, the Guardian agrees to indemnify, defend, and hold harmless the Released Parties from third party claims, damages, losses, liabilities, judgments, costs, and reasonable attorneys’ fees arising from:

The Minor’s negligent, reckless, or intentional conduct.

The Minor’s violation of safety rules or instructor directions.

Injury or property damage caused by the Minor to another participant or third party.

The Minor’s unauthorized or improper use of tools, equipment, chemicals, or materials.

The Guardian’s material breach of this Agreement.

This section does not require the Guardian to indemnify a Released Party for claims involving injury to the Minor that exceed the scope permitted by Florida law or for a Released Party’s sole gross negligence or intentional misconduct.

The Guardian and Minor understand that the ring is handmade by the Minor during a guided workshop and may contain variations, imperfections, asymmetry, tool marks, surface variations, solder marks, scratches, irregularities, or other characteristics associated with handmade jewelry.

To the fullest extent permitted by law, Lilly James does not guarantee:

An exact appearance, finish, texture, shape, or match to a sample or inspiration image.

Exact sizing after the Minor and Guardian approve the size.

That the ring will remain the same size if the Minor’s finger size changes.

The durability, structural integrity, or lifespan of a ring created or handled by the Minor.

That stones, solder joints, finishes, textures, or decorative elements will remain intact indefinitely.

That the ring will be free from defects caused by participant workmanship, misuse, impact, bending, improper storage, improper cleaning, chemical exposure, or normal wear.

That the ring will not cause an allergic reaction, skin sensitivity, irritation, discoloration, or discomfort.

Replacement of a ring that is lost, stolen, damaged, altered, improperly cared for, or incorrectly sized after the size was approved.

The Guardian agrees to instruct the Minor to stop wearing the ring if it causes irritation, swelling, pain, discoloration, numbness, or another adverse reaction.

Nothing in this section excludes a warranty or consumer right that cannot legally be excluded.

As a condition of the Minor’s participation, the Guardian knowingly and voluntarily authorizes Lilly James LLC and its owners, employees, agents, contractors, photographers, videographers, advertising partners, successors, assigns, and licensees to photograph, film, record, and otherwise capture the Minor’s name, image, likeness, appearance, voice, actions, statements, ring, and participation in the Experience.

The Guardian represents that the Guardian has authority to provide this consent for the Minor.

The Guardian grants Lilly James a worldwide, royalty free, transferable, sublicensable license to use, reproduce, edit, crop, adapt, modify, publish, display, distribute, transmit, advertise, promote, and otherwise use these materials in any lawful media or format now known or later developed.

Permitted uses include:

Social media posts, stories, reels, videos, and advertisements.

Websites and booking pages.

Email marketing and newsletters.

Digital and printed advertisements.

Promotional videos.

Business profiles and listings.

Brochures, signs, displays, flyers, and printed materials.

Public relations and media materials.

Internal business, training, archival, and promotional materials.

Commercial and noncommercial promotion of Lilly James and its services.

The Guardian understands and agrees that:

Neither the Guardian nor the Minor will receive payment, royalties, approval rights, or other compensation.

Lilly James may edit, combine, crop, caption, reproduce, or adapt the materials.

The Guardian and Minor waive any right to inspect or approve the finished use.

Ownership of the photographs, videos, recordings, advertisements, and finished materials belongs to Lilly James or the applicable creator.

The Guardian, on behalf of the Guardian and to the extent permitted by law on behalf of the Minor, releases the Released Parties from claims arising from authorized use of the materials, including claims involving privacy, publicity, portrayal, editing, or commercial use.

The Guardian may withdraw permission for future new uses by emailing a written request to Rachael@LillyJames.co.

After Lilly James receives and reasonably processes the request, Lilly James will not intentionally initiate a new use of identifiable content depicting the Minor in newly created materials or newly created advertisements.

Withdrawal does not require Lilly James or another Released Party to remove, delete, recall, destroy, stop, alter, or cease distribution of any material that was already published, distributed, printed, produced, scheduled, placed, licensed, incorporated into a campaign, provided to a third party, or otherwise put into use before the request was processed. Existing posts, advertisements, videos, website content, printed materials, and campaigns may remain in circulation or continue running.

The Guardian consents to conducting this transaction electronically.

The Guardian agrees that:

The Guardian’s electronic signature, typed name, signature image, checkbox selection, submission, or other electronic act intended as a signature has the same legal effect as a handwritten signature.

The electronic record retained by Lilly James may be used as evidence of the Agreement.

The Guardian has had an opportunity to review the Agreement before signing.

The Guardian may request a copy of the completed Agreement.

The Guardian is signing voluntarily and without coercion.

The Lilly James Terms and Conditions displayed or linked directly with this Agreement at the time of signing are incorporated into this Agreement by reference.

If a conflict exists between the Terms and Conditions and this Agreement regarding assumption of risk, release of liability, participant safety, indemnification, Guardian requirements, or photo and video permission, this Agreement controls.

This Agreement is governed by the laws of the State of Florida without regard to conflict of law principles.

Any legal proceeding arising from or relating to this Agreement or the Experience must be brought exclusively in:

A state court of competent jurisdiction located in Manatee County, Florida; or

When federal subject matter jurisdiction exists, the United States District Court for the Middle District of Florida, Tampa Division.

The Guardian consents to personal jurisdiction and venue in those courts.

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the provision shall be enforced or modified to the maximum extent permitted by law.

If modification is not possible, the provision shall be severed, and the remaining provisions will remain in full force and effect.

The release of claims involving the Minor is intended to waive no more than Florida law permits.

This Agreement and the incorporated Terms and Conditions constitute the entire agreement between the parties concerning the subjects addressed in this Agreement.

The Guardian acknowledges that neither the Guardian nor the Minor is relying on an oral statement, promise, representation, or assurance not expressly contained in this Agreement or the incorporated Terms and Conditions.

A failure by Lilly James to enforce a provision on one occasion does not waive its right to enforce the provision later.

The Guardian represents and certifies that:

The Guardian is at least 18 years old.

The Guardian is the Minor’s parent, natural guardian, or legally authorized guardian.

The Guardian has legal authority to permit the Minor to participate and to sign this Agreement.

The Minor is between 14 and 17 years old.

The Guardian will remain physically present throughout the Minor’s participation.

The Guardian has read the entire Agreement.

The Guardian understands the risks and legal rights described in the Agreement.

The Guardian has explained the Experience, risks, safety rules, and Agreement to the Minor in an age appropriate manner.

The Guardian voluntarily permits the Minor to participate.

The Guardian voluntarily agrees to the required photo and video release.

I ACKNOWLEDGE THAT I HAVE READ THIS ENTIRE AGREEMENT, UNDERSTAND IT, AND VOLUNTARILY AGREE TO IT.

I UNDERSTAND THAT I AM GIVING UP MY RIGHT AND, TO THE EXTENT PERMITTED BY FLORIDA LAW, MY MINOR CHILD’S RIGHT TO RECOVER FOR PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE RESULTING FROM THE INHERENT RISKS OF THE EXPERIENCE.

I UNDERSTAND THAT THE PHOTO AND VIDEO RELEASE IS REQUIRED FOR THE MINOR TO PARTICIPATE AND THAT I MAY WITHDRAW PERMISSION ONLY FOR FUTURE NEW USES AS DESCRIBED IN THIS AGREEMENT.