Michaels®

Birthday Party Terms & Conditions

Terms & Conditions: 

On behalf of myself, as an attendee, or the minor child who is under 18 years of age (“Child”), of who I am the parent or legal or guardian, as an attendee (each, “Attendee”), I consent to participation in all activities during the Michaels arts and crafts event (the “Event”) held by Michaels Stores, Inc. or its affiliates (“Michaels”). In consideration of being permitted to participate in the Event, I consent to my Child making crafts that may allow him/her to use inherently dangerous tools including but not limited to hammers, items with sharp edges or points, and glue guns. I further consent to my Child using inherently messy craft products that may permanently damage clothing and other personal items, including but not limited to paint and glue. 

FOR HOST ONLY: 

Payment and Cancellations: I agree to pay all required registration fees at the time I register for the Event. I will receive a full refund only if I provide at least seven (7) days’ notice before the Event; any service fees are non-refundable. I understand that I may change (a) the number of Attendees or (b) Add Ons (as defined below) included for the Event for up to seven (7) days prior to the date of the Event, after which no additional changes may be made. If I book this Event without being signed into a Michaels online account (i.e., as a guest to the website), I will have to contact Michaels customer care at 1-800-MICHAELS to make any edits or cancellation within the previously stated time periods. 

Attendees: I agree that I will pay the price quoted online based on the number of Attendees at the Event. Michaels will provide a project kit for each Attendee, as well as single use plates, cutlery, and a party hat. It will be the responsibility of the adult representative of the birthday child to allocate project kits to Attendees. 

Food and Party Extras: I understand that I may order select food and drink options from Domino’s Pizza and/or party favors (which may include latex balloons) at the time of booking as “Add Ons” for an additional cost. This order must be received and paid for online through the Michaels website at least two (2) weeks prior to the Event. Your order for party favors must be received and paid for online through the Michaels website (or directly with our customer care team as noted above) at least seven (7) days prior to your Event. I understand that Michaels is only a facilitator for my order of any Add Ons from Domino’s Pizza and is not responsible for any errors in the order received or delivery problems. 

FOR HOST AND ATTENDEES: 

Children’s Activity Policies: I understand that the adult representative of the birthday child will be responsible for supervising all children that attend for the duration of the party and will stay to ensure that all children are picked up by an appropriate adult. Michaels’ staff responsibility is limited to leading the crafting activity. Michaels staff will not engage in other party activities, including to but not limited to: opening presents, conducting games, serving refreshments, or handing out party favors excepting only face painting if that option is purchased. If I am the host of the Event, I understand that I must remain inside the Event room for the duration of the Event until each Attendee has left with their parent or legal guardian. 

Alcoholic Beverages: You may not possess or consume alcoholic beverages at the Event. 

Emergencies: In case of a medical emergency, Michaels will make every attempt to reach you in the store and at the emergency contact number below. In the event Michaels is unable to do so, I hereby authorize Michaels to call 911 for emergency medical attention. Further, I understand that I am responsible for any expenses incurred for such treatment and care. Michaels will contact the undersigned as soon as reasonably practicable. 

Release of Liability: I understand that the food, project kits and/or party favors at the Event may contain allergens, including without limitation, latex balloons. If I am the host of the Event, I am responsible for notifying all Attendees of any allergens present. I further understand that Michaels cannot be responsible for theft or loss of any gifts or belongings brought into the store. On behalf of myself and the Child, I hereby release Michaels and its subsidiaries and affiliates and their officers, directors, employees, agents, instructors, volunteers, and representatives (the “Released Parties”) from any and all claims for loss, damage (including but not limited to property damage to any personal or real property), personal injury, including death, that may be sustained by me or my Child, or any of my or my Child’s property, arising out of or attributable to my participation in the Event whether arising out of the negligence of Michaels or the Released Parties. I covenant not to make or bring any such claim against Michaels or any Released Party, and forever release and discharge the Company and the Released Parties from liability under such claims.

Indemnification: To the maximum extent permitted by applicable law, and on behalf of myself, my heirs, executors and administrators, I hereby release, discharge, covenant not to sue, and agree to indemnify and save and hold harmless Michaels from any and all liability, claims, demands, losses, actions, and causes of actions, or damages on my child’s account caused or alleged to be caused in whole or in part by the negligence of Michaels or otherwise, including negligent rescue operations; and further agree that if, despite this indemnification and release of liability, I, the Child, or anyone on the Child’s behalf, make a claim against Michaels, the undersigned will indemnify, save, and hold harmless Michaels from any litigation expense, attorney’s fees, loss, liability, damage, or costs that Michaels may incur as a result of such claim. I further agree to indemnify and hold harmless Michaels from any litigation expense, attorney’s fees, loss, liability, damage, or cost assessed against Michaels, arising out of or resulting from, directly or indirectly, in whole or in part, my or my Child’s breach or failure to abide by any part of this agreement, failure to abide by Michaels policies or procedures, or actions or inactions that cause injury or damage to any other person. IF I AM A CALIFORNIA RESIDENT, I HEREBY WAIVE MY RIGHTS UNDER CALIFORNIA CIVIL CODE § 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." IF I AM A RESIDENT OF ANOTHER STATE OR NATION I SIMILARLY WAIVE MY RIGHTS UNDER ANY APPLICABLE AND/OR ANALOGOUS LAWS, STATUTES, OR REGULATIONS. 

Covid Waiver: This provision shall remain in full force and effect for the duration of the COVID-19 pandemic as declared by the World Health Organization on March 11, 2020 (“Pandemic”). This provision will automatically expire a reasonable time after the World Health Organization declares that the Pandemic has ended. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. Michaels has put in place preventive measures to reduce the spread of COVID-19; however, Michaels cannot guarantee that you will not become infected with COVID-19. Further, attending an Event provided by Michaels could increase your or your Child’s risk of contracting COVID-19. BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE THE CONTAGIOUS NATURE OF COVID-19 AND VOLUNTARILY ASSUME THE RISK THAT I OR MY CHILD MAY BE EXPOSED TO OR INFECTED BY COVID-19 BY ATTENDING EVENTS AFFILIATED WITH MICHAELS AND THAT SUCH EXPOSURE OR INFECTION MAY RESULT IN PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, AND DEATH. I UNDERSTAND THAT THE RISK OF BECOMING EXPOSED TO OR INFECTED BY COVID-19 MAY RESULT FROM THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF MYSELF AND OTHERS, INCLUDING, BUT NOT LIMITED TO, MICHAELS’ EMPLOYEES, GUEST INSTRUCTORS OR LECTURERS, OR OTHER PARTICIPANTS. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself and my Child (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my Child may experience or incur in connection with my attendance at the Event (“Claims”). I HEREBY RELEASE, COVENANT NOT TO SUE, DISCHARGE, AND HOLD HARMLESS THE RELEASED PARTIES, FROM AND AGAINST THE CLAIMS, INCLUDING ALL LIABILITIES, CLAIMS, ACTIONS, DAMAGES, COSTS OR EXPENSES OF ANY KIND ARISING OUT OF OR RELATING THERE TO. I UNDERSTAND AND AGREE THAT THIS RELEASE INCLUDES ANY CLAIMS BASED ON THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF MICHAELS AND THE RELEASED PARTIES WHETHER A COVID-19 INFECTION OCCURS BEFORE, DURING, OR AFTER PARTICIPATION IN ANY EVENT. 

This release constitutes the sole and entire agreement of Michaels and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. This release will be construed in accordance with the laws of the State of Texas. If any term or provision of this release or the application thereof to any party or circumstance is held invalid, illegal, or unenforceable to any extent in any jurisdiction, then the remaining terms and provision of this release and their application to other parties or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. By signing below, I acknowledge that I have read and fully understand all of the terms of this release and that I am voluntarily giving up substantial legal rights, including the right to sue Michaels, without any inducement, assurance, or guarantee being made to me. I certify that I am at least eighteen (18) year of age, am the parent or legal guardian of the Child and intent my signature to be the required evidence of my asset to completely and unconditionally release all liability to the greatest extent allowed by law.