This WAIVER AND RELEASE OF LIABILITY (“Waiver”) is a legal agreement between you (as an individual or legal entity) (referred to as “I”, “me”, and “you”/“your”) and Groover Labs, Inc. (“G-Labs”) concerning your participation in tours, events, meetings, social events, and gatherings held at G-Labs makerspace (“Participation” at the “Makerspace”) and/or your use of the equipment, tools, and facilities provided in the Makerspace (“Use”). As lawful consideration for being permitted by G-Labs to engage in Participation and/or Use, and the intangible value that you will gain by engaging in Participation and/or Use, you agree, by executing this Waiver, to all the terms and conditions set forth in this Waiver.
As a makerspace and a community of makers, the G-Labs provides its facilities, equipment, classes, and activities with the intention of creating an environment that supports collaboration, creation, and community among its participants. To this end, G-Labs takes reasonable precautions to maintain safety of its space and equipment but cannot always guarantee your safety.
1. Knowledge of Risk; Assumption of Risk. I am fully aware of the unusual risks involved and hazards connected with my Participation and/or Use. I UNDERSTAND THAT MY PARTICIPATION AND/OR USE WILL INVOLVE DANGEROUS ACTIVITIES AND THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR DAMAGE OR LOSS OF PROPERTY, and I hereby elect to voluntarily engage in said Participation and/or Use with full knowledge that said Participation and/or Use may be hazardous to me and my property and I hereby assume any risks related to my Participation and/or Use.
2. Discharge; Waiver and Release. I hereby DISCHARGE G-Labs, its agents, owners, directors, servants, or employees (“Releasees”) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of 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 RELEASEES, or otherwise, as a result of my Participation and/or Use, or while in, on, or upon the premises where my Participation and/or Use are being conducted. Further, I hereby WAIVE AND RELEASE any and all claims, now known or hereafter known, against the Releasees, on account of injury, death, or property damage arising out of or attributable to my Participation and/or Use, whether arising out of G-Labs’ negligence or that of any other Releasees or otherwise.
3. Covenant not to Sue; Indemnification. I hereby agree not to initiate any claim, lawsuit, court action, or other legal proceeding or demand against G-Labs or any other Releasee, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me, other parties, or my (or others’) property in connection with my Participation or Use, and I waive any right I may have to do so. This means that I cannot sue to hold G-Labs or any other Releasee responsible for any injury, loss, or damage sustained by me, other parties, or my (or others’) property in connection with my Participation and/or Use, even where said injury, loss, or damage is due to the negligence, omission, or other fault of G-Labs or any other Releasee. Further, I hereby agree to INDEMNIFY AND HOLD HARMLESS the Releasees from any loss, liability, damage or costs, including court costs and attorney fees, that they may incur due to my Participation and/or Use, whether caused by the negligence of Releasees or otherwise.
4. Successors. This Waiver will be binding upon and enforceable against me, my personal representatives, spouse, successors, assigns, heirs, and next of kin without limitation.
I hereby acknowledge that I have read and understood the terms of this Waiver and that I am voluntarily giving up substantial legal rights, including the right to sue G-Labs and other Releasees.