Your cart

Waiver Agreement, Non-Competition Agreement & General Class Policies

GENERAL CLASS POLICIES

DEFINITIONS

“Class” means any educational or instructional session or other use of the Company’s property for a defined time offered by the Company.

“Company” means VERSAL GOODS LLC, the provider of the classes and services described herein.

“Company’s Email” means the email address of the Company: helloversalgoods@gmail.com.

“Private Party” means a specially arranged event or Class for a group, as distinct from regularly scheduled classes.

“Registrant” means any individual who has registered for a class or service offered by the Company.


REFUND POLICY FOR CLASS REGISTRATIONS

  • All Refunds: Failure to follow these procedures shall constitute a waiver of the powers granted herein and shall make any such request subject solely to the Company’s discretion.
  • Full Refund: The Company will provide a full refund of the registration fee if the Registrant cancels their enrollment seven (7) or more days prior to the scheduled Class date.

Partial Refund: The Company will provide a fifty percent (50%) refund of the registration fee if the Registrant cancels their enrollment between one (1) and six (6) days prior to the scheduled Class date.

No Refund: The Company will not provide any refund if the Registrant cancels their enrollment on the day of the scheduled Class except in extreme circumstances and solely at the Company’s discretion.

Cancellation Procedure: All Class registration cancellations must be submitted by the Registrant, in writing, to the Company’s Email.

Credit for Future Classes: If a Registrant must cancel their enrollment, they may request that the registration fee be applied as credit towards a future Class within one (1) calendar year of the cancelled Class, subject to availability and at the Company’s discretion. Such requests must be made in writing to the Company’s Email.


CLASS CANCELLATIONS AND RESCHEDULING

  • Instructor Cancellation: If the instructor must cancel a Class due to a force majeure event, including but not limited to natural disasters, acts of government, civil unrest, or public health emergencies, the Class will be rescheduled.
  • Future Class Credit: Registrants may request to apply their credit to a future Class within one (1) calendar year of the cancelled Class if they are unable to attend the rescheduled session or for a refund. Such requests may be granted at the Company’s discretion.


PRIVATE PARTY POLICIES

  • Deposit Requirement: For Private Parties, the Company shall require a deposit, the amount of which shall be determined at the time of booking. This deposit becomes non-refundable fourteen (14) days prior to the event date.

Deposit Credit: If a Private Party is cancelled more than fourteen (14) days before the event date, the deposit may be reapplied to a future Private Party booking, subject to availability, or refunded, at the Company’s discretion.


REGISTRANT BEHAVIOR AND ACCOMMODATIONS

  • Disruptive or Harmful Behavior: The Company seeks to create a welcoming, safe, and inclusive environment. The Company reserves the right to eject any Registrant from a Class for disruptive or harmful behavior, at the Company’s sole discretion. In such cases, no refund shall be provided.

Assistants for Registrants: Registrants who require assistance with daily tasks may bring an assistant to the Class at no additional charge, provided they inform the Company in advance, in writing to the Company’s Email, to ensure adequate space is available.

Contagious Diseases: Registrants experiencing symptoms of a contagious disease shall not attend the Class. In such cases, the Registrant shall be allowed to apply their credit to a future Class, within one (1) calendar year of the cancelled Class, provided they notify the Company prior to the start of the Class, in writing to the Company’s Email.


POLICY MODIFICATIONS AND JURISDICTION

  • Policy Modifications: The Company reserves the right to modify these policies at its discretion, as needed, to best serve the interests of the Company and its customers. Registrants will be notified of any changes to the policies in a timely manner via email or prominent posting on the Company’s website.

Jurisdiction: These policies shall be governed by and construed in accordance with the laws of the State of Wisconsin. Any disputes arising from the implementation or interpretation of these policies shall be resolved in the state or federal courts of Dane County, Wisconsin.


SEVERABILITY

  • If any provision of these policies is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the extent permitted by law.


LIMITATION OF LIABILITY

  • To the fullest extent permitted by applicable law, the Company’s total liability for any claims arising out of or related to these policies or any Classes or Private Parties, regardless of the form of action, whether in contract, tort, or otherwise, shall be limited to the total amount paid by the Registrant to the Company for the Class or Private Party giving rise to the claim.

In no event shall the Company be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, arising out of or in connection with these policies, even if the Company has been advised of the possibility of such damages.


PRIVACY AND DATA PROTECTION

  • The Company collects and processes personal information of Registrants in accordance with applicable privacy laws and regulations. By registering for a Class or Private Party, Registrants consent to the collection and use of their personal information. The Company will not sell or otherwise disclose this information except to the extent necessary to enable participation in the Class.

The Company will take reasonable measures to protect the confidentiality and security of Registrants’ personal information, including email addresses used for cancellations and other communications related to these policies.


INTELLECTUAL PROPERTY

  • All materials, content, and methodologies used in Classes or Private Parties are the intellectual property of the Company or its licensors and are protected by copyright, trademark, and other intellectual property laws.

Registrants may not record, reproduce, distribute, or create derivative works based on any Class or Private Party content without the express written consent of the Company except to the extent such works are created for the private enjoyment of the Registrant or are otherwise not sold to other persons, subject to the terms of the RELEASE AND WAIVER OF LIABILITY AND NONCOMPETITION AGREEMENT signed by the Registrants.


ENTIRE AGREEMENT

  • These policies, together with any additional written terms, conditions, or agreements provided by the Company in connection with specific Classes or Private Parties, constitute the entire agreement between the Company and Registrants with respect to the subject matter hereof and supersede all prior agreements and understandings, whether written or oral.


By registering for a Class or Private Party, Registrants acknowledge that they have read, understood, and agree to be bound by these policies. The Company is committed to maintaining the highest standards of customer service and transparency in the implementation of these policies.

 

RELEASE & WAIVER OF LIABILITY & NONCOMPETITION AGREEMENT

WHEREAS, Versal Goods LLC (“Company”) is the owner and operator of an activity, namely instruction and participation in the creation of various artworks, including but not limited to, felt flowers (the “Activity”), and is willing to permit the individuals signing this Agreement (the “Customers”)  to participate in the Activity, upon the terms and conditions of this Agreement. All or some of the Activity may take place on the Company’s premises or property (the “Premises”) located at 100 S. Baldwin, #305, Madison, WI 53711. The Company and Invitees may be collectively referred to as the “Parties”.

In consideration for being provided the ability to participate in the Activity and enter the Premises, each person signing below hereby stipulates and agrees:

Use of Premises for Activity Only. Customers understand and agree that they may only use the Premises for the Activity set forth in this Release and Waiver of Liability agreement at the date and time set forth during Customers’ registration for the Activity. Customers further agree that they are responsible for the proper use and care of the Premises and any of Company’s property thereon, and that Customers will be liable for the replacement cost of any Company property which is damaged, destroyed, or lost.

Assumption of Risk. Customers understand and acknowledge that the Activity Customers want to participate in may be dangerous and may involve the risk that they will sustain serious injury, temporary or permanent disability, death, or property damage. Customers understand that using a high temperature, glue gun in an inexpert or negligent manner may result in burns. Customers understand that using objects intended for cutting various materials used in the Activity in an inexpert or negligent manner may result in cuts or lacerations. Customers understand that using machinery with moving parts, such as drills or sewing machines, in an inexpert or negligent manner may result in various injuries, including punctures, hematomas, crushes, and burns. Customers understand that every aspect of the Activity may not be supervised and that the Company does not provide medical services. Customers further acknowledge that any injury Customers may sustain while participating in the Activity may be compounded by negligent or delayed medical service or negligent or delayed assistance by the Company. CUSTOMERS VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY USE OF THE PREMISES AND PARTICPATION IN ACTIVITIES ON THE PREMISES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, EVEN IF CAUSED BY NEGLIGENCE OF THE COMPANY. THIS DOES NOT RELEASE THE COMPANY FOR LIABILITY ARISING FROM RECKLESS OR INTENTIONAL ACTS BY THE COMPANY.

Release from Liability. Customers hereby agree, on behalf of themselves, their heirs, and their personal representatives, to fully and forever discharge and release Company and its affiliates, and their respective partners, agents, operators, managers, employees, and representatives (“Released Parties”) from any and all claims Customers may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction, attributable or relating in any manner to Customers’ entry upon and use of the Premises and participation in the Activity, whether caused by the negligence of the Company or any of the Released Parties or by any other reason. Customers acknowledge and agree that this Release and Waiver of Liability for a Potentially Dangerous Activity is intended to be, and is, a complete release, as much as allowed by law, of any responsibility of the Released Parties for all personal injuries, temporary or permanent disability, death, and/or property damage sustained by a Customer while on or using the Premises or participating in the Activity.

Covenant Not to Sue. Customers agree, for themselves and all their heirs, successors, and assigns, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which they or their heirs may have as a result of any personal injury, death, or property damage a Customer may sustain while on or using the Premises or while participating in the Activity, based upon a Released Party’s negligence or any acts by a third party.

Indemnification. Customers hereby agree to defend, indemnify, and hold harmless Company and the Released Parties from and against any third-party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees), and costs of any kind for any personal injury, loss of life, or damage to property sustained by reason of or arising out of Customers’ use of the Premises or participation in any Activities on the Premises based upon the Company’s or Released Parties’ negligence. This does not release the Company or Released Parties from liability for reckless or intentional acts.

Medical Treatment Release. Customers hereby authorize the Company to secure, and Customers consent to, any medical treatment that may be given to them should the Company determine, in its sole discretion, that they need medical care, as a result of Customers being on the Premises or from participating in the Activity. Customers accept full responsibility for all costs related to my medical treatment, including any transport costs, and Customers release all parties involved from any type of liability for anything that may happen during their treatment or transport. 

Responsibility for Personal Property. Customers acknowledge and agree that they are fully and solely responsible for any of their property and personal belongings that they bring onto the Premises or that they use during the Activity, and that the Company will not be responsible for or provide any security for their property or personal belongings.

No Representations by Company. Customers acknowledge that Company makes no representation as to the condition of the Premises or the safety of the Activity or any equipment either on the Premises or used in the Activity. Customers accept and shall use the Premises, and its equipment, in its “AS IS” condition. Customers acknowledge and agree that they are not relying upon any representation or statement by the Company or the Company’s employees, agents, sponsors, or representatives regarding this agreement or the Premises or Activity, except to the extent such representations are expressly set forth in this agreement.

Prohibition on Competing Activities. (“Noncompete Clause”) For a term of six (6) months following the date of any Activity for which a Customer registered, as consideration for the Company educating and performing the Activity with the Customer, the Customer shall not:

Create, produce, or sell any product that is substantially similar to the products created and sold by the Company, except for personal use and not offered to the public for sale;

Offer educational services teaching others how to create products in a manner that competes with the Activities or in a manner substantially similar to any set of Activities in which the Customer participated; or

Solicit or attempt to solicit any Customers or clients of the Company for the purpose of providing competing product creation or education services.

Geographic Limitation. The Noncompete Clause shall be limited to the geographic area within twenty (20) miles of the City of Madison, Wisconsin.

Liquidated Damages. The Customers agree that, in the event of a breach of the Noncompete Clause, the Company shall be entitled to recover liquidated damages in the amount of Five Hundred Dollars ($500.00) from each Customer who breaches or assists another breaching Customer, which the parties agree represents a reasonable estimate of the damages that would be incurred by the Company as a result of such breach. The Client acknowledges that this amount is not a penalty but is a fair and reasonable measure of damages, given the difficulty of calculating actual harm, such as the Company’s reduced sales or harm to the Company’s reputation. 

Governing Law and Venue. This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of the State of Wisconsin, without giving effect to the principles of conflicts of law of such state. Customers agree that any action arising out of this Release and Waiver of Liability agreement must be brought exclusively in the state or federal court located in Dane County, Wisconsin, with subject matter jurisdiction.

Waiver. No waiver of any term or right in this Release and Waiver of Liability agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party 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 this agreement thereafter.

Survival. Any provision of this Release and Waiver of Liability agreement providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable.

Compliance with Laws. In the performance of the terms of this Release and Waiver of Liability agreement and use of the Premises, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations.

Severability. If any provision or portion of this Release and Waiver of Liability agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.

Entire Agreement; Modification; Binding Effect. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.


CUSTOMERS HEREBY ACKNOWLEDGE THAT THEY HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS AND THAT THE UNDERSTAND THEY ARE GIVING UP SIGNIFICANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY FOR INJURIES THEY MAY SUSTAIN TO THEIR PERSONS OR PROPERTY. CUSTOMERS ACKNOWLEDGE THAT, PRIOR TO SIGNING THIS AGREEMENT, THEY HAD SUFFICIENT TIME TO REVIEW AND CONSULT WITH AN ATTORNEY. CUSTOMERS ARE AT LEAST EIGHTEEN (18) YEARS OF AGE, AND THEY EXECUTE THIS AGREEMENT VOLUNTARILY, HAVING PROVIDED AND RECEIVED CONSIDERATION, INTENDING TO BE FULLY BOUND BY ITS TERMS.