Waiver, Release of Liability Form
Waiver, Release of Liability
& Assumption of Risk
I agree to follow any and all posted, written, visual, and verbally communicated rules and instructions for the activities provided to me and to follow directions given to me by the leaders, instructors, or facilitators of the activities. I hereby release Maker Village and waive any remedy from damage or injury that results from my failure to follow instructions.
In consideration of the services of Maker Village, its users of workshop spaces, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "Maker Village"), I hereby agree to release, indemnify, and discharge Maker Village of liability, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as described below with respect to Maker Village activities, including but not limited to Maker Village events, fundraising events, community outreach events, classes, practice and preparation for those classes and events, at any location including but not limited to any location where such event occurs or where equipment for those classes and/or events are.
I acknowledge that my participation in an industrial workshop environment entails risks that are known, unknown, anticipated, and/or unanticipated that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks cannot be eliminated without jeopardizing the essential and/or fundamental qualities of the activity. I assume those risks and release Maker Village of liability resulting from those risks. I understand and acknowledge that I am hereby relinquishing certain legal rights. The risks include, among other things: major and minor bodily injury; electrocution; exposure to harmful substances such as but not limited to corrosive acids, poisonous chemicals and gases, strong alkaline materials; collision with objects; exposure to intense radiation from lasers, UV light, electromagnetic, radio and other sources; illness; exposure to extremes of temperature and humidity; electrical arcs; injury by sharp objects; wrist, arm, neck, shoulder, and/or back injuries; slips and falls; falls from a great height; heavy falling objects; and biologically hazardous organisms. Furthermore, I understand that Maker Village seeks safety, but it is not infallible, it might be unaware of a participant's fitness or abilities, it might misjudge the conditions, the current state of mind of a participant, or status of the area. I also understand that the equipment being used might malfunction. I expressly acknowledge, and promise to accept and assume all of these risks.
I acknowledge, agree, and represent that I understand the nature of an industrial workshop space and that I am qualified, in good health, and in proper physical and mental condition to participate in such activity. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the activity.
I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
This agreement applies to any negligence alleged against Maker Village: I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Maker Village from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Maker Village's equipment or facilities, including but not limited to, the negligent acts or omissions of the Maker Village or other customers, for any damage to my person or property including injury, illness, disease, disability or death.
Should Maker Village or anyone acting on its behalf, be required to incur attorney's fees or costs to enforce this agreement or defend itself against a third party claim based on my actions or inaction, I agree to indemnify and hold them harmless for all such fees and costs.
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical, mental, or physical condition I may have.
I understand that during the activities I may be photographed or videotaped by Maker Village or its authorized partners. To the fullest extent allowed by law, I waive all rights of publicity, privacy, or pre-approval that I have for any such likeness of me or use of my name by Maker Village in connection with such likeness. I grant Maker Village and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or part, in any form, without restrictions, and for any legal purpose.
I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Maker Village on the basis of any claim from which I have released them herein. The laws of the State of Missouri shall govern the validity, interpretation, performance and enforcement of this agreement. I have had sufficient opportunity to read this entire document. I have read and understand it, and I agree to be bound.
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