Sun Gallery Makerspace Risk
Acknowledgement and Release of Liability
Sun Gallery's Makerspace provides a place for patrons to be innovative, creative and collaborative. The Makerspace contains a wide variety of equipment and technology for both guided and independent exploration and learning. All patron use of Makerspace facilities and equipment is entirely optional and voluntary and is for purposes of recreation, education, and/or self-improvement.
The purpose of this document is to inform the User and/or Responsible Party of the requirements to use the Makerspace, the inherent risks of using the Makerspace, equipment, and materials, provide consent to medical treatment in the case of emergency, and release the Sun Gallery from liability. Please note that the Release of Liability releases Sun Gallery and others related to it from liability for personal injuries and other losses resulting from the use of the Makerspace facilities and equipment. Please read carefully.
1. Conditions of Use
By signing below, the User and/or Responsible Party affirms (1) that the User and/or Responsible Party has reviewed and shall comply with all Sun Gallery's Makerspace policies and guidelines; (2) the User is capable and willing to safely participate in Makerspace activities; (3) the User and/or Responsible Party shall be responsible to pay any applicable charges or fees for use of Makerspace tools, equipment and materials, and damages to Sun Gallery property; (4) all insurance of the User and/or Responsible Party applicable to any injuries or claims arising out of the Makerspace activities shall be primary with any applicable Sun Gallery insurance being secondary.
2. Assumption of Risk
Sun Gallery's Makerspace facilities and equipment include, but are not limited to, 3-D printing machines, laser cutting machines, electronic equipment, power tools, computer equipment, and wood, metal, plastic, glass, and composite supplies and materials, glue solvents, nails, screws, and other working parts. Surfaces of floors, work benches and tables in Makerspace may have debris, dust, liquids, and sharp areas. User and/or Responsible party acknowledge the possible risks in the use of the above materials and equipment.
User may share Makerspace workspace, tools and equipment with other users and Sun Gallery staff. Sun Gallery may require users to wear specified safety gear and undergo training. While Sun Gallery will supervise Makerspace areas, not all activities of Users can be directly supervised at all times. The User and/or Responsible Party understands and agrees that Makerspace activities may involve various hazards, dangers, and risks, including without limitation, the risk of falls, cuts, broken bones, burns, and other wounds. The User and/or Responsible Party acknowledges possible exposure to dust, fumes, smoke, and noise. Each User agrees that such User's participation in Makerspace activities involves risks of accidents and serious personal injury, even death, caused by the User or other Users.
The undersigned User/Responsible Party expressly assumes, for such User, and for such User's heirs, family and estate, executors, administrators, assigns, and personal representatives, all risks arising from the User's participation in Makerspace Activities, whether those risks are known or unknown, or are predictable or unpredictable, or are risks inherent in the Makerspace Activities.
3. Release of Liability and Indemnification
In consideration for the privilege granted to the User to participate in the Makerspace activities, and with full awareness and appreciation of the Risks involved, the undersigned User and/or Responsible party, and for User and/or Responsible Party's heirs, family and estate, executors, administrators, assigns, and personal representatives, hereby releases and agrees to indemnify and hold harmless Sun Gallery, its Board of Directors, and all organizations related to Sun Gallery, and its related organizations' affiliates, directors, officers, trustees, employees, volunteers, contractors, agents, representatives and successors and assigns (the "Released Parties") of and from any and all claims, demands, liabilities, and causes of action that may arise from or could be made against or incurred by the Released Parties or any of them with respect to any and all property damage, economic loss, medical expense, personal care expense, disability, disease, personal injury or illness whether physical or mental in nature, and/or death, whether caused by negligence or otherwise, suffered by the User and arising from the User's participation in the Makerspace activities, and the Risks, including all claims of the User and all claims of each undersigned Responsible Party. This Release and Indemnification includes all damages, costs, expenses, attorneys' fees, and economic and other losses which may be sought in any such claims. This Release and Indemnification is intended to have the scope and effect permitted by applicable law.
4. Consent to Medical Treatment
If the User is injured or becomes ill while involved in Makerspace Activities, the User and/or Responsible Party hereby authorizes Sun Gallery and its employees, volunteers, agents, and representatives to obtain and consent to, on the User's behalf, medical care, including without limitation, medical treatment, hospitalization, ambulance transportation, anesthesia, and X-ray and other exams and tests. The undersigned User and/or Responsible Party agrees to pay all costs of such medical care and transportation.
5. Miscellaneous
The User and/or Responsible Party agrees that Sun Gallery provides no warranties of merchantability or fitness for particular purpose or use concerning any project or items made using Sun Gallery equipment, tools or materials. If any provision of this document is determined to be invalid for any reason, such invalidity shall not affect the validity of any other provisions, which other provisions shall remain in full force and effect as if this Agreement had been executed with the invalid provision eliminated. By signing below the undersigned person agrees that this document is intended to be as broad and inclusive as permitted under applicable law. This document is governed by California law, and any claims brought concerning it must be commenced in the state courts of Alameda County, California, or the U.S. District Court for Northern California. This document shall not be amended except by a written document signed by the User and/or Responsible Party and the Director of Sun Gallery or designee.