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Assumption of Risk Waiver - ClayWorks Community Ceramics Studio
Any person taking part of activities or visitors at ClayWorks Community Ceramics Studio located at 71 Main St. in Ware, Ma, must submit this form.
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Assumption of Risk & Release of Liability, I  hereby RELEASE, WAIVE, and DISCHARGE ClayWorks and Workshop13, its directors, trustees, employees, officers and agents, including without limitation its teachers and staff, and each of their heirs, successors and assigns (collectively, "Releasees") from any and all liability for any and all loss, injury, cost or damage, and any claim or demands therefor on account of injury to person or property or resulting in death arising while at ClayWorks or Workshop13 facilities, whether caused by the negligence of any of the Releasees, the Student or otherwise (collectively "Damages"). In addition, I COVENANT NOT TO SUE any of the Releasees based upon any claim arising out of or in connection with volunteer or instructing at  ClayWorks, 71 Main St. Ware,  or Workshop13, 13 Church St. Ware,  facilities.I ASSUME FULL RESPONSIBILITY FOR any Damages arising out of or related to my volunteership or as an independent contractor.  I acknowledge that I am freely and expressly assuming and accepting any and all risk of Damages in connection with the use of the ClayWorks facilities or Workshop13 facilities.  I AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them from (i) any claims, liabilities or Damages that may cause to my person or property while at ClayWorks or Workshop13, and (ii) from any Damages they may incur due to claims brought against the Releases arising out of the Student's participation in the Program whether caused by the negligence of the Releasees or otherwise. This includes, but is not limited to, any and all claims for Damages that may in any way arise out of use of the ClayWorks or Workshop13 facilities, equipment, tools, or materials, or those tools or materials brought or provided by other participants in programs at these facilities. I UNDERSTAND AND ACKNOWLEDGE that there could be special risks associated with participation in the Program, depending on its nature, since Instructors and volunteers may work with (if used) or have access to potentially dangerous artistic tools, equipment, materials and supplies including, but not limited, high heat kilns, paints, glazes, stains, oxides, scissors, pin tools, metal ribs, and other art supplies or tools. I understand and acknowledge that some art tools, equipment, materials or supplies used in the Program could cause Damages. I further understand that ClayWorks and Workshop13 cannot provide an allergy-free environment, and assume all risks as such *
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USE OF PHOTOS, VIDEOS, AND IMAGES I understand that from time to time ClayWorks and Workshop13 produces promotional material relating to its programs. Without additional compensation, I, hereby assign, transfer and grant without reservations or limitations ClayWorks and Workshop13, its successors, assignees and licensees the exclusive right to take photographs and videos of me participating in programs to use for ClayWorks or Workshop13 business purposes likeness and biographical material (but not name or address) for advertising and promotion of programs  for both broadcast and non-broadcast purposes in all media, including video, print and online. MEDICAL EMERGENCIES In the event that I need first aid or emergency medical treatment as a result of an accident, illness, or other health condition or injury, I, for myself, hereby authorize and consent  transportation to a medical provider or facility at the sole discretion of ClayWorks or Workshop13. I absolutely and unconditionally agree to indemnify and to hold ClayWorks and Workshop13 harmless from all liability, costs, charges, and fees in connection therewith, or any Damages resulting therefrom. *
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GeneralThis Consent and Release Agreement is governed in accordance with the laws of the Commonwealth of Massachusetts without regard to its choice of law provisions. Any action or proceeding arising out of or related to this Release shall be brought only in the state or federal courts in Boston, Massachusetts. In the event that any provision in this Release is held to be invalid, illegal or unenforceable in any respect, the remaining provisions shall be given full force and effect. I, FOR MYSELFACKNOWLEDGE THAT I HAVE READ THIS RELEASE AND WAIVER AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I FOR MYSELF AND FOR MY MINOR CHILD STUDENT (IF APPLICABLE) HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. *
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Rebecca LaVenture *
03/13/20
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