Manitou Art Center Use Agreement and Release of Liability for Adult Patrons
Safety and Conditions of Use
I agree that I am personally responsible for my safety and actions while using the MAC Maker Space. I agree to use the facilities, tools, equipment, and materials in a safe way, and to utilize safety gear appropriate for each task in which I engage. If I need to do something that may be dangerous, I will first consult with MAC Staff. If I have any questions as to the proper or safe use of any tool, equipment, or material, I will not use the same until I have consulted with MAC Staff. Further, I will not use any MAC Maker Space tools or equipment that require prior certification from MAC Staff. I will comply with all MAC policies and rules, including but not limited to all MAC Maker Space policies, guidelines, signage, and instructions. Because the Maker Space is open for use by other individuals, I recognize that confidentiality cannot be promised. I understand that I am responsible for properly monitoring and labeling anything I bring into the MAC Maker Space and that the MAC Maker Space is not responsible for any lost, damaged, or stolen property. Studio artists may use their private space to store tools and supplies but members without an assigned private studio space must not store anything in the MAC Maker Space without prior permission from MAC Staff.
Assumption of the Risk
I recognize and agree that my use of the MAC Maker Space facilities, tools, equipment, and materials is entirely optional and voluntary. I further understand and agree that such use involves various inherent hazards, dangers, and risks, including without limitation, and only by way of example, the risk of trips, slips, and falls; cuts, broken bones, burns, and other wounds to hands, head, feet, eyes, and other body parts; serious personal injury and illness, paralysis, permanent disability, and even possibly death; electrical shock; impalement; exposure to dust, fumes, smoke, noise, and vibrations; and accidents due to negligence of other users or MAC Staff or vendors, or due to defective or inadequate facilities, equipment, tools, machinery, materials, or due to inadequate or repair, training, instructions, supervision, first aid, and medical treatment, or safety gear. I ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, THAT I MAY SUSTAIN, OR ANY LOSS OR DAMAGE OF PROPERTY I OWN, AS A RESULT OF BEING ENGAGED IN SUCH ACTIVITY, WHETHER CAUSED BY THE NEGLIGENCE OF THE CENTER OR OTHERWISE.
Release of Liability
With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive discharge, and covenant not to sue the Board of Manitou Art Center, its board members, officers, agents, servants, independent contractors, affiliates, employees, successors, and assigns (collectively the "Released Parties") from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or any of the property belonging to me, whether caused by the negligence of the Released Parties, any third-party using the Maker Space, or otherwise while participating in any activity while in, or around the MAC Maker Space and/or while using any MAC Maker Space facilities, tools, equipment, or materials.
Indemnification
I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, property damage, loss of use, monetary loss, or any other injury from or related to my use of the MAC Maker Space facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise.
Acknowledgment
By my use of MAC equipment and facilities, I acknowledge and represent that I have read the foregoing Waiver of Liability, understand it and use the facilities voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in Sections 3 and 4; I am sufficiently informed about the risks involved in using the MAC Maker Space to decide whether to use the facilities; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent. I agree that this Waiver of Liability shall be governed by and construed in accordance with Colorado law and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Waiver of Liability as a whole.
Covid-19 Addendum
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. The Manitou Art Center has put in place preventative measures to reduce the spread of COVID-19 including mandatory mask-wearing inside the Manitou Art Center according to the City of Manitou Springs Emergency Order Concerning the Use of Face Coverings; however, the Manitou Art Center cannot guarantee that you will not become infected with COVID-19. Further, participation could increase your risk of contracting COVID-19. By using the MAC Maker Space, you agree to abide by the City of Manitou Springs Emergency Order Concerning the Use of Face Coverings.
By signing this agreement and/or by using the MAC Maker Space facilities, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to or infected by COVID-19 participation; and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at Manitou Art Center may result from actions, omissions, or negligence of myself and others, including, but not limited to, the Manitou art Center's employees, volunteers, and program participants and their families.
You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with your participation at the Manitou Art Center. On your behalf, you hereby release covenant not to sue, discharge, and hold harmless the Manitou Art Center, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Manitou Art Center, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation at the Manitou Art Center.
Consent to Medical Treatment. If the Adult User is injured or becomes ill while involved in Creative Space activities, the Adult User hereby authorizes PPLD and its employees, volunteers, agents, and representatives to obtain and consent to, on the Adult User’s behalf, medical care, including without limitation, medical treatment, hospitalization, ambulance transportation, anesthesia, and X-ray and other exams and tests. The undersigned Adult User agrees to pay all costs of such medical care and transportation