GUEST RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY, AND COVENANT NOT TO SUE AGREEMENT
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY BEFORE SIGNING. IT AFFECTS YOUR LEGAL RIGHTS.
HeatSync Labs, an Arizona non-profit organization (“hereafter collectively “HeatSync Labs”) operates a “hackerspace,” a community-driven non-profit shop and workspace where engineers, artists, students, and hobbyists come to make prototypes, art, and other creative projects. This Guest Release and Waiver of Liability, Assumption of Risk and Indemnity, and Covenant Not to Sue Agreement (“Waiver”) is a legally binding express statement of assumption of risk and a release and waiver of liability and indemnity agreement.
PLEASE READ THIS WAIVER IN ITS ENTIRETY PRIOR TO ACCEPTING ITS TERMS. If you do not agree to the terms, please do not use the Facility.
By accepting this Waiver, you (“Guest”) represent and warrant that you are either: over 18 years old, or the legal guardian of the Guest who is under the age of 18 who has signed this Waiver below (“Minor Guest”) and may grant this Waiver on their behalf.
In consideration for the use the facilities at HeatSync Labs (collectively, the “Facility”), I agree to the following terms and conditions on my own behalf and the Minor Guest’s behalf, as applicable:
1. Tools and Equipment.“Tools and Equipment” means any and all tools and equipment available for use in the Facility, including but not limited to:
▪ Metal Shop: Lathes, Mill, CNC Mill, English Wheel, Metal Brake/Bender/Shear, Air Compressor, Vacuum, Metal Vise, Metal Anvil, Bench Grinder, Welding (Arc, TIG, MIG), Welding Gas Cylinders (Oxygen, Acetylene), Oven (Heat Treatment)
▪ Electronics: Soldering Equipment, Heat gun, Test Equipment (Power Supplies), High Voltage (CRT, equipment, etc.), Extremely High Voltage (Tesla Coil, Van de Graaff Generator), Electronic Chemicals (Flux, Solvents), Oven (Solder Flow)
▪ Woodworking: Drill Press, Table Saw, Band Saw, Saws-All, Planer / Joiner, Router, Compound Saw, Sander (Disc, Belt), Air Compressor, Vacuum, Dust Collector, Sharp knife/cutters
▪ Chemicals:Caustic (Acid, Bases), Cleaning Products, Solvents, Adhesives, Bio Lab equipment
▪ Jewelry Station: Vise, Ring Former (expander, press), Kiln, Propane torch, Acetylene torch
▪ Vinyl Cutter Station:Vinyl Cutter, Hot Press (T-Shirt)
▪ Laser Cutter Station: Laser Cutters/Engravers
2. I am aware that use of the Tools and Equipment is an inherently dangerous activity and carries certain substantial risks of physical injury, death, or property damage including, but not limited to:
▪ Limb and bodily injuries, including: fractures, breaks, cuts, amputation, punctures, smashing, crushing, pinching, burns, eye damage.
▪ Cleaning solvents and other chemicals which may cause burns or illness.
▪ Equipment malfunction, failure or lack of safety equipment.
▪ Problems or hazards related to the consumption of alcohol or drugs.
▪ Eye injuries, burns, loss of an eye, or blindness.
▪ Falls, slips, or electrocution.
I EXPRESSLY ASSUME ALL RISK ASSOCIATED WITH THE TOOLS AND EQUIPMENT. I understand that supervision by the Facility, its managers, agents, employees, and representatives does not and cannot guarantee Guest or Minor Guest safety.
All Other Activities in the Facility. I understand that the Facility is INHERENTLY DANGEROUS and that I could be risking SERIOUS PHYSICAL INJURY OR DEATH, by using the Facility. I acknowledge that my use of the Facility is entirely voluntary. I know and understand these risks that are inherent in my use of the Facility and I hereby personally assume all such risk, whether foreseeable or unforeseeable, and known and unknown.
I acknowledge that I understand the Facility rules and regulations, that all Guests, including Minor Guests are responsible for understanding and complying with all Facility signage, including instructions on use for the Tools and Equipment. Guests agree that they will not use any Tool or Equipment without necessary training. If my Minor Guest is participating, I also acknowledge that I have spoken to my Minor Guest about the Activity and that my Minor Guest understands and appreciates the risks of participating in the Activity, and acknowledge that my Minor Guest is voluntarily participating in the Activity. I agree to follow all rules, procedures and instructions provided to me by the facility and its owners, employees, or volunteers, including all such rules, procedures, and instructions about my safety and the safety of others.
I acknowledge, represent and warrant that (a) if I have physical limitations, conditions or disabilities of any kind whatsoever, I am safe to use the Facility and indemnify the Facility in the case of incident secondary to my physical limitation; and (b) I am not under the influence of alcohol or drugs. If I am on any medication, I acknowledge, represent and warrant that I am safe to use the Facility and indemnify the Facility in the case of incident secondary to my medication usage. If I am taking prescribed medication, I acknowledge, represent, and warrant that I have seen a physician and have that physician’s approval to use the Facility while under the influence of such medication. If I believe the Tools and Equipment are unsafe or that I am unable to continue using the Tools and Equipment, I will immediately discontinue participation in the Activities and/or inform the appropriate HeatSync Labs' employees, if appropriate.
IN CONSIDERATION FOR BEING ALLOWED TO USE THE TOOLS AND EQUIPMENT, I AGREE TO WAIVE ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE NOT TO SUE HeatSync Labs, all of their affiliated companies and subsidiaries, the land owner, and their respective insurance companies, successors in interest, managers, agents, employees, representatives, officers, directors and shareholders, and any other Guest, visitor, or person present or using the Facility and Tools and Equipment at HeatSync Labs (each a “Released Party/ies”) FROM ANY AND ALL LIABILITY AND/OR CLAIMS for injury or death to persons or damage to property arising from use of the Facility and Tools and Equipment, INCLUDING THOSE LOSSES, INJURIES AND DAMAGES CAUSED BY ANY RELEASED PARTY’S ALLEGED OR ACTUAL PASSIVE OR ORDINARY NEGLIGENCE (including the failure to take reasonable steps to protect against the risks of the Activity) OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY.I intend this release to apply to claims for damages of any and all kinds, including without limitation personal, bodily, or mental injury, death, economic loss, or property damage to me, my spouse, Minor Guest, or relative.
I agree to fully indemnify and hold harmless each Released Party from any and all claims, and any and all costs, losses, expenses, and damages, including reasonable attorneys’ fees and cost, incurred, brought, or threatened against the Released Parties in connection with my use of the Facilities.
I hereby agree NOT TO SUE or INSTITUTE ANY CLAIM against the Released Party in connection with my use of the Facility or any matters released or rights waived in this Waiver.
I understand and agree that this Waiver is intended to be as broad and inclusive as permitted by the laws of the State of Arizona. I agree that if any clause or provision of this Waiver shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Waiver, which shall continue to be enforceable and the parties specifically direct any such Court to amend or revise this Waiver so that the intention of the parties to eliminate or reduce the liability of the Released Parties is realized to the fullest extent legally permissible.
I understand that the Released Parties do not carry or maintain health, medical, or disability insurance coverage for me. I hereby affirm that I carry and maintain medical insurance for my own benefit, or otherwise agree to arrange for payment of my own medical expenses and/or disabilities.
I acknowledge that I am not relying upon any oral or written representations regarding the substance of this Waiver by HeatSync Labs other than what is set forth in this Waiver. This Waiver is a complete integration of the essential terms of the Waiver. It supersedes all prior understanding and agreements, written or oral, concerning the Parties relationship.
I agree that this Waiver shall be construed and enforced in accordance with the laws of the State of Arizona. Any action at law, suit in equity, or other jurisdictional proceeding arising in connection with this Waiver shall be instituted only in the state or federal courts of Maricopa County, Arizona.
I HAVE READ THIS WAIVER AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND IT IS A PROMISE NOT TO SUE AND A RELEASE AND INDEMNITY FOR ALL CLAIMS, AND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE. I ACKNOWLEDGE THAT I AM SIGNING THIS WAIVER FREELY AND VOLUNTARILY, AND I INTEND MY ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
I understand that the Released Parties are relying upon this Waiver, and I agree to be legally bound by this Waiver. This Waiver shall be binding upon my spouse, children, heirs, personal representatives, successors and assigns.