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 MAC Maker Space 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 Maker Space personnel. 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 Maker Space personnel. Further, I will not use any MAC Maker Space tools or equipment that require prior certification (e.g., CNC machine, laser cutter, etc.) unless I have first received such certification from MAC Maker Space personnel. I will comply with all MAC Maker Spacepolicies and rules, including but not limited to all MAC Maker Space policies, guidelines, signage, and instructions. I agree that I shall be responsible to pay any applicable fees for use of MAC Maker Space facilities (not applicable to classes led by a third party such as Concrete Couch or ARTs14), tools, equipment, or materials, and for any and all damage, loss, or clean-up caused by my use of the same. Because the MAC Maker Space is open for use by other individuals, I recognize that confidentiality is not and cannot be promised. I understand that I am responsible for properly monitoring and labelling anything I bring into the MAC Maker Space, and that the MAC Maker Space is not responsible for any lost, damaged, or stolen property.
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 Maker Space personnel or vendors, or due to defective or inadequate facilities, equipment, tools, machinery, materials, or due to inadequate maintenance 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 MAC Maker Space, or otherwise, while participating in any activity while in, on, or around the MAC Maker Space and/or while using any MAC Maker Space facilities, tools, equipment, or materials.
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.
By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability, understand it and sign it 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 sign this document; 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; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier 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 Wavier of Liability as a whole.
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; 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.
READ CAREFULLY BEFORE SIGNING
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by participation; and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Manitou Art Center may result from the 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.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my participation at the Manitou Art Center. On my behalf, I 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.
I represent that I have adequate insurance to cover any injury or illness I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or illness myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition.
In the event that I file a lawsuit, I agree to do so in the state where the Manitou Art Center is located, and I further agree that the substantive law of that state shall apply. 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 agree that if I am exposed or infected by COVID-19 during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.
I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release, and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain. I have read and understood this document and I agree to be bound by its terms.
If I have signed a separate general waiver of liability connected to my participation at the MAC Maker Space, I agree that the terms of that waiver are wholly incorporated into this document and that the terms of this document are incorporated into the separate general waiver.
I agree that I will practice safe social distancing and clean hygiene during my participation at the Manitou Art Center.