Any activity entails certain risks. Risks related to the activity of tufting (the “Activity”) may include but are not limited to: hair getting caught in the tufting gun; getting cut by the tufting gun or by metal pieces, such as tacks or sharp clips, used to immobilize the tufting surface; burns from hot glue; or the actions, inactions, or negligence of myself or other people, including, but not limited to, participants, spectators, activity monitors, or hosts of the Activity. This Accident Waiver and Release of Liability form will be used by Fuzz Lab Waco and any sponsors of the Activity in which you (the participant or the parent or legal guardian of the participant, hereinafter referred to as “I”) may participate and will govern your actions and responsibilities in regard to the Activity. It is intended that this Accident Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under the applicable law.
1. Assumption of Risk. I acknowledge that the Activity carries with it the potential for injury (physical and/or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability, or death, among others) or economic loss (including but not limited to destruction or theft of property). Injuries or outcomes may arise from my own or other’s actions, inactions, or negligence, or the condition of the Activity location or facility. I have been given the chance to ask questions concerning the Activity, and all such questions have been answered to my satisfaction. I voluntarily assume all risks of my participation in this Activity, whether known or unknown to me, including travel to and from the Activity (including air travel) or any events incidental to this Activity.
2. Warranty of Physical Fitness. I warrant that I am of sound mind, at least average health, and physically capable of the movements required to perform the Activity safely. I maintain medical insurance that covers me for accidents and illnesses while I am participating in this Activity. I further warrant that I am not on any medication or other treatments that might adversely affect my ability to use tools or mechanical objects or to perform the Activity safely, and that I have not been advised otherwise by a qualified medical person. I understand Fuzz Lab has not made, nor will make, any investigation into my physical fitness or ability to participate in the Activity, and Fuzz Lab is relying on my warranty of my physical condition.
3. Release of Liability. In consideration for being allowed to participate in this Activity, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows: Waive my right to sue and release and discharge from any and all liability for my death, disability, personal injury, or economic loss (including without limitation property damage or theft) or actions of any kind which may hereafter accrue to me by way of this Activity or my traveling to and from this Activity, THE FOLLOWING ENTITIES OR PERSONS: FUZZ LAB WACO, LLC, and their directors, officers, employees, volunteers, representatives and agents, and sponsors or sponsors of the Activity (collectively, the Indemnitees) from any and all claims, including claims of the Indemnitees’ negligence.
4. Indemnification and Hold Harmless. Indemnification and Hold Harmless. I agree to indemnify and hold harmless the indemnitees from any and all liabilities or claims, loss or damage to my personal property, liabilities and costs, including attorney’s fees, resulting from my own actions or those of other individuals or entities during this activity or as a result of my participation in this activity, including travel to and from the activity (including air travel) or any events incidental to this activity. If the indemnitees incur any of these types of expenses, I agree to reimburse the indemnitees.
THE INDEMNIFICATION PROVISIONS IN THIS ITEM 4 SHALL BE
ENFORCEABLE REGARDLESS OF WHETHER THE LIABILITY IS BASED ON
PAST, PRESENT OR FUTURE ACTS, CLAIMS OR LEGAL REQUIREMENTS
(INCLUDING ANY PAST, PRESENT OR FUTURE BULK SALES LAW,
ENVIRONMENTAL LAW, FRAUDULENT TRANSFER ACT, OCCUPATIONAL
SAFETY AND HEALTH LAW, OR PRODUCTS LIABILITY, SECURITIES OR OTHER LEGAL REQUIREMENT), AND REGARDLESS OF WHETHER ANY PERSON (INCLUDING THE PERSON FROM WHOM INDEMNIFICATION IS SOUGHT) ALLEGES OR PROVES THE SOLE, CONCURRENT, CONTRIBUTORY OR COMPARATIVE NEGLIGENCE OF THE PERSON SEEKING INDEMNIFICATION, OR THE SOLE OR CONCURRENT STRICT LIABILITY IMPOSED ON THE PERSON SEEKING INDEMNIFICATION.
5. Medical Consent. I hereby consent to receive medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during this Activity. I understand and agree that Indemnitees assume no responsibility for any injury or damage that might arise out of or in connection with such authorized emergency medical treatment. If I need medical treatment as a result of my participation in this Activity, travel to and from the Activity (including air travel), or any events incidental to this Activity, I assume full responsibility for any costs incurred as a result of such treatment, including payment of medical expenses not
covered by my insurance incurred as a result of my participation in the Activity.
6. Consent to be Photographed. I understand that at during this Activity or related activities I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the Activity hosts, sponsors, organizers, and/or assigns.
7. Understanding and Acknowledgment. I have read this document, I am at least eighteen years of age, and I am signing this document freely. I understand the legal consequences of signing this document, including (a) releasing the Indemnitees from all liability, (b) waiving my right to sue the Indemnitees, (c) and assuming all risks of my participation in this Activity, including travel to and from the Activity or any events incidental to this Activity. If executing this Accident Waiver and Release of Liability as the parent or legal guardian of the participant, I allow my ward to participate in this Activity, and I understand that I am responsible for the obligations and acts of my ward as described in this document. I agree to be bound by the terms of this document.