Papabubble Activity Waiver Form

WAIVER & RELEASE

CUSTOMER RELEASE, ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNIFICATION AGREEMENT 

This Assumption of Risk, Waiver of Liability, and Indemnification Agreement (the “Agreement”) is entered into on the date this Agreement is executed between Papabubble Houston, LLC (“PAPABUBBLE”), the Adult Participant as identified by signature below, and if any minor(s) is/are named below, the Adult Participant on behalf of and as parent or legal guardian for such Child Participant(s) as defined herein. 

Collectively, Adult/Guardian Participant(s) and Child Participant(s) are referred to as “the Participant”. As valid consideration for entry into the Premises and participation in the “Activities”, as defined below, including any of those Activities that may occur in, about, or near the premises located at 927 Studewood Street, Houston, TX 77008 (the “Premises”) or any other premises where PAPABUBBLE has been invited to provide Activities, the undersigned agree as follows:

 1. Nature of the Activities: PAPABUBBLE is a candy company, which offers participants candies and the experience of creating their own candies. PAPABUBBLE (a) has designed our processes with safety as a primary concern, (b) provides instructions on how to make candies safely, (c) provides general supervision of activities, (d) has developed rules and policies that focus on safety, and (e) provides the necessary safety equipment to prevent most injuries. 


2. Types of Risks Associated with Activities: Participant acknowledges there are inherent risks in and injuries that may occur from participating in the Activities, including, but not limited to, equipment malfunction; defective design or manufacture of equipment; improper or negligent installation of equipment; cuts, bruises; choking, tooth injuries, muscle strain; burns; dirt or other materials (ingredients, equipment fragments, etc) in eye; physical or emotional injuries; damage or stains to material items, clothing, outside foods, and all other materials brought in by participants; co-participant behavior/liability; Due to the nature of the Activities, there are more hazards and risks than the foregoing, and there are also unknown and unforeseeable hazards.
I understand that my child will be participating in hands-on candy making activities at Papabubble, which may include, but are not limited to:
     - Being in close proximity to hot sugar, flavorings, and colorings.
     - Using or being near kitchen tools and equipment (e.g., stoves, burners, induction plates, heat lamps, cutting tools, metal or silicone tools, etc.).
     - Working in a commercial kitchen, production environment, or temporary event setup (e.g., mobile cart), which may have wet or slick floors and other typical shop hazards.
     - Tasting or consuming candy and other food items produced during the activity (participation in tasting is voluntary).

I acknowledge that these activities involve inherent risks, including but not limited to:

     - Thermal burns from molten sugar (which reaches temperatures over 320°F/150°C and can adhere to skin) or hot equipment.
     - Cuts, scrapes, or minor injuries from tools or surfaces.
     - Damage to personal property (clothing, shoes, etc.) from permanent stains caused by food coloring, sugar, or oils.
     - Dental injuries (e.g., chipped teeth, lost fillings, orthodontics damage) from chewing hard or sticky candy.
     - Choking hazards associated with consuming hard candy.
     - Respiratory irritation from strong flavoring vapors or steam released during cooking.
     - Insect stings or bites (as sugar and sweet scents may attract bees, wasps, or ants, particularly in outdoor settings).
     - Slips, trips, falls, and contact with heavy equipment or pinch points (e.g., folding tables/carts).
     - Exposure to food allergens (including but not limited to nuts, dairy, soy, gluten, and food colorings).
     - Minor illness or other unforeseen injuries.
     - Potential allergens.

I understand that candy may pose a choking risk, especially for younger children, and that it is my responsibility to determine whether it is appropriate for my child to consume candy during the activity.


3. Emergency Medical Authorization: In the event of an illness, injury, or medical emergency involving my child, I authorize Papabubble staff to:
     - Administer basic first aid; and
     - Seek emergency medical treatment for me or my child, including transportation by ambulance if deemed necessary.

I understand that I am responsible for all costs associated with any medical care provided.


4. Photo and Video Release: PAPABUBBLE reserves the right to use photos, videos, and other media taken during classes, workshops, and other events used for publicity materials and social media. Registration in classes gives PAPABUBBLE permission to use those images without further consent or compensation.


5. Assumption of Risks: On behalf of myself and as the parent or legal guardian of the Child Participant(s), I warrant I have read this Agreement in its entirety, acknowledge that the Activities contain inherent risks which vary with the activity, understand the demands of the Activities relative to Participant’s physical condition, abilities to perform, appreciate the types of injuries that may occur as a result of the Activities and their potential impact on our safety, well-being, and lifestyle, and assert that participation is voluntary and that all Participants knowingly assume all risks inherent with the Activities.
PARTICIPANT ACKNOWLEDGES THAT PAPABUBBLE, its owners, vendors, and its employees WILL NOT PAY FOR ANY COST OR EXPENSES INCURRED BY PARTICIPANT IF PARTICIPANT IS INJURED. 

PARTICIPANT, PARENT, & GUARDIAN RELEASE OF CLAIMS: TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANT (AND ON BEHALF OF HIS/HER HEIRS, EXECUTORS AND REPRESENTATIVES) RELEASES AND AGREES NOT TO SUE PAPABUBBLE, AND ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, CONTRACTORS, VENDORS, LANDLORDS, AND ANY OF THEIR AFFILIATES OR SUBSIDIARIES, RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT PROVIDERS, AND INSURERS OF ALL OF THEM (COLLECTIVELY, THE “PROTECTED PARTIES”) FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND COURT OR OTHER COSTS) RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF (IN WHOLE OR IN PART) ANY BODILY INJURY TO OR DEATH OF PARTICIPANT OR DAMAGE TO OR LOSS OF PARTICIPANT’S PROPERTY (A) DURING OR RELATING TO PARTICIPANT’S PARTICIPATION, WHETHER ACTIVELY OR PASSIVELY, IN THE CANDY MAKING PROCESS, USE OF ANY PORTION OF THE PREMISES, INCLUDING, BUT NOT LIMITED TO, THE ASSOCIATED SIDEWALKS AND PARKING LOTS, AND ANY COMPETITION, EVENT, OR PROGRAM SPONSORED BY OR AFFILIATED WITH THE PROTECTED PARTIES (COLLECTIVELY, “ACTIVITIES”), (B) OCCURRING IN OR ABOUT THE PREMISES (INCLUDING THE PREMISES) WHERE ANY OF THE ACTIVITIES ARE TAKING PLACE, CONDUCTED, OR PERFORMED BY PARTICIPANT OR ANYONE ELSE, OR IN TRANSPORTATION TO AND FROM ANY OF THE ACTIVITIES, (C) RESULTING FROM DAMAGE TO, LOSS OF, OR THEFT OF PERSONAL PROPERTY OF PARTICIPANT AND DUE TO THE NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF THE PROTECTED PARTIES. THE RELEASE CONTAINED IN THIS PARAGRAPH WILL APPLY EVEN IF ANY SUCH INJURY OR DAMAGE IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR STRICT LIABILITY OF THE PROTECTED PARTIES OR PARTICIPANT. INDEMNITY: ADULT PARTICIPANT, ON BEHALF OF HIMSELF /HERSELF AND HIS/HER HEIRS, EXECUTORS AND REPRESENTATIVES AGREES TO INDEMNIFY, DEFEND, RELEASE, AND HOLD HARMLESS THE PROTECTED PARTIES FROM AND AGAINST ALL CLAIMS, CAUSES OF ACTION, SUITS, LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, LIENS, JUDGMENTS, SETTLEMENTS, PROCEEDINGS, COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND COURT OR OTHER COSTS) OF ANY NATURE WHATSOEVER FOR OR RELATING TO DEATH, BODILY INJURY OR PROPERTY DAMAGE RESULTING FROM, RELATING TO, OR CAUSED BY (WHETHER IN WHOLE OR IN PART) ANY OF THE FOLLOWING MATTERS (WHICH NECESSARILY INCLUDE ALL CLAIMS THAT DO OR MAY BELONG TO THE CHILD PARTICIPANT(S)): (A) PARTICIPANT’S ACTS, OMISSIONS OR PRESENCE ON OR ABOUT ANY PART OF THE PREMISES OR OTHER PREMISES WHERE ACTIVITIES ARE TAKING PLACE, CONDUCTED, OR PERFORMED BY PARTICIPANT OR ANYONE ELSE, (B) PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN, OR OBSERVANCE OF, ANY OF THE ACTIVITIES; (C) ANY CLAIMS ARISING OUT OF THE NEGLIGENT, GROSSLY NEGLIGENT, OR WILLFUL ACTS OR OMISSIONS OF PARTICIPANT OR ANY GUEST OR INVITEE OF THE PROTECTED PARTIES, OR (D) PARTICIPANT’S USE OF ANY FIXTURES, EQUIPMENT OR PERSONAL PROPERTY IN, ON OR ABOUT PREMISES OR OTHER PREMISES WHERE ACTIVITIES ARE TAKING PLACE, CONDUCTED, OR PERFORMED BY PARTICIPANT OR ANYONE ELSE. THE INDEMNITY CONTAINED IN THIS PARAGRAPH WILL APPLY EVEN IF ANY SUCH INJURY OR DAMAGE IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR STRICT LIABILITY OF THE PROTECTED PARTIES OR PARTICIPANT BUT WILL NOT APPLY TO THE EXTENT ANY SUCH INJURY OR DAMAGE IS CAUSED BY THE WILLFUL MISCONDUCT OF THE PROTECTED PARTIES.


6. Dispute Resolution and Arbitration: Any dispute or claim arising out of or relating to this Agreement, breach thereof, the Premises, Activities, property damage (real or personal), personal injury (including death), or the scope, arbitrability, or validity of this arbitration agreement (Dispute) shall be brought by the parties in their individual capacity and not as a plaintiff or class member in any purported class or representative capacity, and settled by binding arbitration before a single arbitrator administered by the American Arbitration Association (AAA) per its Commercial Industry Arbitration Rules in effect at the time the demand for arbitration is filed. Judgment on the arbitration award may be entered in any federal or state court having jurisdiction thereof. No award shall exceed the amount of the claim by either party and the arbitrator shall have no authority to award punitive or exemplary damages. If the Dispute cannot be heard by the AAA for any reason, the Dispute shall be heard by an arbitrator mutually selected by the parties. If the parties cannot agree upon an arbitrator, then either party may petition an appropriate court to appoint an arbitrator. Arbitration shall be subject to 9 U.S.C. § 1 et seq. and Chapter 171 of the Texas Civil Practice and Remedies Code. If either party files suit in violation of this paragraph (except to toll the statute of limitations), such party shall reimburse the other for their costs and expenses, including attorneys’ fees, incurred in seeking abatement of such suit and enforcement of this paragraph. 


7. Waiver of Jury Trial: ADULT PARTICIPANT ON BEHALF OF HIM/HERSELF AND THE CHILD PARTICIPANT(S) AND PAPABUBBLE KNOWINGLY AND VOLUNTARILY, WITH FULL AWARENESS OF THE LEGAL CONSEQUENCES, AGREES TO WAIVE THEIR RIGHT TO A BENCH TRIAL or JURY TRIAL OF ANY DISPUTE. 

8. Acknowledgment By Participant: Participant acknowledges on behalf of him/herself and the Child Participant(s) that Participant would not be granted access to the Premises or the ability to participate in the Activities but for these acknowledgments:

     - Child Participant(s) and Adult Participant possess a sufficient level of skill and physical fitness for safe participation in the Activities. Participant also agrees to attempt only activities that Participant feels he/she is capable of performing safely. Further, Participant agrees to stay in areas that will not place Participant in undue danger.
     - Neither Adult Participant nor the Child Participant(s) has any health problems that would not allow them to participate in the Activities.
     - PAPABUBBLE may terminate my participation when it determines me to be incapable of safely participating in the Activities.      
     - PAPABUBBLE does allow for some events and/or participants to bring in outside food, beverages, and other catering services, but reserves the right to refuse any outside vendors at any time.
     - PAPABUBBLE does not sell alcohol but does allow for “Bring your own beverage” service. PAPABUBBLE reserves the right to limit alcohol consumption by any Participant or their guests at any time and those who abuse the policy may be asked to leave without refund.
     - Participant agrees to obey all safety rules and wear provided safety equipment while participating in the Activities and alert the staff of any rules violations or dangerous behavior. 


9. Hazard Acknowledgment: Due to the potentially dangerous nature of sugar at high temperatures which may rise up to 320 degrees Fahrenheit and hot equipment including but not limited to heating tables, pots, sugar, etc. It is the responsibility of the participant to ensure the proper placement and adherence to instructions. PAPABUBBLE and its employees cannot accept liability for any personal injury or damages that the participant may suffer related to or involving the premises of the event or participation in activities sponsored by PAPABUBBLE. Every effort is made by PAPABUBBLE and its employees to ensure the participant's safety while at the event Premises and during the course of the workshop.


10. Additional Terms: Capitalized terms shall have the meaning set forth herein. This Agreement constitutes the entire agreement between the Protected Parties and the Participant, supersedes any and all previous oral or written promises or agreements, and may only be modified in writing. The Participant further expressly agrees that this Agreement is intended to be as broad and inclusive as is permitted by the laws of Texas and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Venue for any action brought hereunder or as a result of Participant’s use of the Premises or participation in the Activities shall lie in Harris County and only the substantive laws of Texas shall apply. 
By signing below, Participant authorizes PAPABUBBLE to communicate with Participant via email with updates, news, advertisements, and offers.  Participant represents to the Protected Parties that he/she thoroughly understands this is a complete and final release and indemnity agreement, he/she is voluntarily entering into this Agreement, and no representations, promises, or statements made by any of the Protected Parties has influenced Participant in signing this Agreement. Participant agrees that there are no oral agreements, representations, promises, or warranties that are not expressly set forth herein and that he/she is not relying on any statements or representations of the Protected Parties that are not expressly contained herein. Participant acknowledges that he/she has read this Agreement in its entirety, fully understands its terms, and understands that he/she is giving up substantial rights herein, including his right to sue. Participant acknowledge that he/she is signing this Agreement freely and voluntarily, and intends by Participant’s signature, to completely and unconditionally release the Protected Parties from all liability due to ordinary negligence and the inherent risks of the Activities to the greatest extent permitted by the laws of Texas.

ADULT PARTICIPANT ON BEHALF OF HIM/HERSELF AND THE CHILD PARTICIPANT WAIVES THE RIGHT TO INSPECT OR APPROVE VERSIONS OF IMAGES USED FOR PUBLICATION OR THE WRITTEN COPY THAT MAY USED IN CONNECTION WITH THE IMAGES. ADULT PARTICIPANT ON BEHALF OF HIM/HERSELF AND THE CHILD PARTICIPANT RELEASE COMPANY AND COMPANY’S ASSIGNS, LICENSEES AND SUCCESSORS FROM ANY CLAIMS THAT MAY ARISE REGARDING THE USE OF MY STATEMENTS OR IMAGES INCLUDING ANY CLAIMS OF DEFAMATION, INVASION OF PRIVACY, OR INFRINGEMENT OF MORAL RIGHTS, RIGHTS OF PUBLICITY OR COPYRIGHT. IF I AM SIGNING THIS DOCUMENT ON BEHALF OF MY SPOUSE, CHILD, FAMILY MEMBER, FRIEND, MINOR CHILD, OR OTHER PERSON, I EXPRESSLY WARRANT AND REPRESENT TO PAPABUBBLE THAT I HAVE SUCH PERSON’S ACTUAL AND IMPLIED AUTHORITY TO EXECUTE THIS AGREEMENT ON THEIR BEHALF, INCLUDING, BUT NOT LIMITED TO, THE ARBITRATION CLAUSE, WAIVER AND RELEASE, AND INDEMNITY AGREEMENT. I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS AGREEMENT. I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AGREE TO BE BOUND BY ITS TERMS.  

11. Payment and Chargeback agreement: I acknowledge that: all sales are final. I purchased the candy making experience for myself, and/or other people. Or I am a guest of someone that has with consent purchased a class for me to attend. I am attending class for the services paid. PAPABUBBLE will make all efforts to reschedule my event if notice is given outside of 48 hours prior to the event, but there will be no guarantees of payment refund. I waive my right to initiate a credit card chargeback for services rendered and products received. Any payment disputes must be addressed directly with PAPABUBBLE before contacting my credit card company.

I acknowledge and agree to the terms of the payment and chargeback policy. 


12. Acknowledgement & Signature: I have read this Parent/Guardian Consent & Liability Waiver, I fully understand its terms, and I am signing it freely and voluntarily. I acknowledge that by signing this document I may be limiting certain legal rights on behalf of myself and my child.


Participant’s Name: [PARTICIPANT NAMES]


Parent/Guardian Name (if under 18): [ParentGuardianName]


Signature:

Name: Jesse Cushman

Title: Owner & CEO

Date Received: 12/19/2025