Membership Waiver and Release Liability Form

POTTERY STUDIO PARTICIPANT AGREEMENT, ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY

 

In consideration of being permitted to use the facilities, equipment, programs, classes, workshops, services, and studio space of Common Clay Cooperative LLC ("Studio"), located at 19685 Stevens Creek Blvd., Cupertino, California 95014, I agree as follows:

 

1. ACKNOWLEDGMENT AND ASSUMPTION OF RISKS

 

I understand that participation in pottery, ceramics, sculpture, glazing, kiln operation, studio work, workshops, classes, open studio use, and related activities (collectively, the "Activities") involves inherent risks that may result in personal injury, illness, property damage, disability, or death.

 

I understand and acknowledge that these risks may include, but are not limited to:

 

• Burns from kilns, hot equipment, hot ceramic ware, and firing processes;

• Cuts, punctures, abrasions, and lacerations from tools, broken ceramics, sharp edges, shelving, and equipment;

• Exposure to clay dust, silica dust, glaze materials, chemicals, pigments, oxides, and other substances used in ceramic processes;

• Respiratory irritation, allergic reactions, skin irritation, or other adverse health effects resulting from exposure to studio materials;

• Injuries arising from the use of pottery wheels, slab rollers, extruders, mixers, grinders, hand tools, and other equipment;

• Slips, trips, and falls caused by wet floors, clay residue, equipment, cords, shelving, or stored materials;

• Lifting, carrying, or moving heavy materials, including clay, shelving, kiln furniture, and finished work;

• Damage to or loss of personal property, tools, equipment, artwork, or unfinished projects;

• Injuries resulting from the acts, omissions, negligence, or conduct of other participants, guests, instructors, staff members, or third parties;

• Risks associated with traveling to and from the Studio or Studio-sponsored events.

 

I knowingly and voluntarily assume all risks associated with the Activities, whether known or unknown, foreseeable or unforeseeable, including risks arising from the ordinary negligence of the Studio or others.

 

2. RELEASE OF LIABILITY

 

To the fullest extent permitted by law, I release, waive, discharge, and covenant not to sue Common Clay Cooperative LLC, its members, managers, officers, employees, instructors, contractors, volunteers, agents, representatives, successors, and assigns (collectively, the "Released Parties") from any and all claims, demands, causes of action, liabilities, damages, losses, costs, or expenses arising from or related to my participation in the Activities, including claims for personal injury, illness, disability, death, property damage, or economic loss.

 

This release applies to claims arising from the ordinary negligence of the Released Parties but does not apply to claims arising from gross negligence, reckless misconduct, or intentional wrongdoing to the extent such claims cannot be waived under applicable law.

 

3. COMPLIANCE WITH STUDIO RULES

 

I agree to comply with all Studio rules listed below, safety procedures, posted notices, training requirements, and instructions provided by Studio staff.

 

I understand that failure to comply with Studio policies or safety requirements may result in suspension or termination of my membership, class participation, or studio access without refund, where permitted by applicable agreements.

 

4. PROPERTY AND ARTWORK

 

I understand that ceramic work may crack, break, explode during firing, glaze improperly, be damaged during handling, or otherwise fail during the ceramic process.

 

I acknowledge that pottery and ceramic processes are inherently unpredictable and that the Studio does not guarantee any particular result.

 

To the fullest extent permitted by law, the Studio shall not be responsible for damage to, loss of, theft of, misplacement of, or destruction of personal property, tools, materials, artwork, or unfinished projects left on Studio premises.

 

5. MEDICAL TREATMENT

 

In the event of an injury or medical emergency, I authorize the Studio to seek emergency medical assistance on my behalf if Studio personnel reasonably believe such action is necessary.

 

I understand that I am solely responsible for any medical, transportation, hospital, or related expenses incurred as a result of my participation in the Activities.

 

I acknowledge that I am responsible for maintaining my own health insurance coverage.

 

6. DAMAGE TO STUDIO PROPERTY

 

I agree to be responsible for damage to Studio property, equipment, or facilities resulting from my intentional misconduct, recklessness, or violation of Studio policies.

 

7. INDEMNIFICATION

 

I agree to indemnify and hold harmless the Released Parties from any third-party claims, liabilities, damages, costs, or expenses, including reasonable attorneys' fees, arising from my conduct, violation of Studio policies, misuse of equipment, or breach of this Agreement.

 

8. CALIFORNIA CIVIL CODE SECTION 1542 WAIVER

 

I understand and agree that this release extends to claims that I do not know or suspect to exist at the time of signing this Agreement.

 

I expressly waive any rights under California Civil Code Section 1542, which provides:

 

"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

 

I acknowledge that I have read and understand this waiver of California Civil Code Section 1542.

 

9. GOVERNING LAW AND VENUE

 

This Agreement shall be governed by and construed in accordance with the laws of the State of California.

 

Any dispute arising out of or relating to this Agreement or the Activities shall be brought exclusively in a court of competent jurisdiction located in Santa Clara County, California.

 

10. SEVERABILITY

 

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

 

11. PHOTO AND VIDEO RELEASE WAIVER

I, the undersigned participant, grant permission to the pottery studio, its owners, employees, contractors, agents, and representatives ("Common Clay Space") to photograph, film, record, or otherwise capture my image, likeness, voice, artwork, and participation in Studio activities.

I understand and agree that:

- The Studio may use photographs, videos, recordings, and other media featuring me and/or my pottery work for promotional, educational, marketing, advertising, social media, website, print, and other business purposes.
- The Studio may edit, crop, modify, reproduce, publish, distribute, display, and otherwise use such media without further notice or approval.
- I will not receive compensation, royalties, or other payment for the use of my image, likeness, voice, or artwork.
- I release and discharge the Studio from any claims, demands, or causes of action arising from the use of such media, including claims related to privacy, publicity rights, or defamation, provided the media is used lawfully.
- This authorization is voluntary and remains in effect indefinitely unless revoked in writing. I understand that revocation will not apply to materials already published or distributed before the Studio receives my written notice.
- By signing below, I acknowledge that I have read and understand this Photo and Video Release Waiver and agree to its terms.

 

12. ACKNOWLEDGMENT

 

I certify that I am at least 18 years of age and legally competent to enter into this Agreement.

 

I have carefully read this Agreement in its entirety. I understand that by signing this Agreement I am giving up substantial legal rights, including the right to sue the Released Parties for claims covered by this Agreement. I sign this Agreement voluntarily and without coercion.

Membership Policies

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• Members are required to conduct themselves in a professional manner.
• Members are responsible for cleaning all equipment and immediate work areas used and keeping shelf spaces in a sanitary condition at all times; removing trash regularly.
• Cleaning for all members is defined by: wiping down surfaces used with a sponge so that no clay/material remains on the surface used, mopping the floor directly around the area used so that no clay/material remains, replacing items/materials used from other areas of the studio once finished, wiping boards used and returning them to a designated board storage area, rinsing communal tools used so that no clay/material remains on them, and storing clay in designated member clay areas and disposing of related trash. Failure to comply with these cleaning policies may result in a denial of membership renewal. 
• Absolutely NO SMOKING is permitted in the studio.
• We have members that may have allergies to animals. In order to maintain a comfortable and safe environment to all members in the studio, pets are not allowed. Medically required service animals are welcome.
• Members shall not possess, consume, distribute, or otherwise exploit any form of unlawful controlled substances on the Premises at any time.
• Members who are looking to purchase their own clay or glaze from an outside source must send a formal request via email to hello@commonclayspace.com to receive written approval from staff to use outside material. Staff will double check your material to ensure it is compatible with our kiln. After receiving approval from staff, members are still responsible for the correct usage and application of outside clay/glaze. An additional $15 firing fee (subject to change) per 25lb bag will be applied to outside clay.
• Members found using unauthorized clay or glaze may face disciplinary action, including but not limited to suspension of studio privileges or termination of membership. Any damages resulting from the use of unauthorized materials will be the responsibility of the member.
• If your piece causes damage to the kiln due to negligent glazing practices, you will be responsible for the costs of repair or replacement.
• Costs associated with glaze damage can include, but are not limited to: $2 per damaged/broken cookie due to glaze fusing to cookie, $5 per glaze drip on kiln shelf, $400 per full shelf replacement.
• Production levels of pottery in this studio is not supported in this studio. Please check with staff for details on this policy if you intend to produce production levels of pottery.
• Members are entitled to take a 1 month pause per year for $35. The 1 month pause must be taken all at once (cannot be split up in weeks). Please email staff if a memership pause is needed.
• Members acknowledge that Common Clay Space has no responsibility whatsoever for the security of a member’s property while such property is on premises. Members waive any and all claims against Common Clay Space for loss of property as a result of theft or damage.
• Members acknowledge that these rules are subject to change upon five days’ notice, and that Members hereby agree to comply with any such changes,
• No food should be left in one’s storage shelf.
• Members can only bring in a guest with a valid guest pass.
• Members are responsible for ensuring that membership fees are paid on time and in full according to the membership tier they have signed up for (3 months, 6 months). Failure to comply may result in a loss of studio access or membership termination. Promotional rates and promotional status will not carry over after a lapse in membership.
• Members have to provide notification of their intent to cancel their membership with at least 30 days notice before they want to end the membership. Notification of membership cancellation without a 30 day notice may result in the the studio charging your card on file for your next membership term.
• Common Clay Space reserves the right to terminate the membership of any member at its sole discretion, with or without cause, at any time. Termination of membership may occur for reasons including but not limited to violation of studio rules and regulations, disruptive behavior, failure to adhere to payment obligations, or any other conduct deemed detrimental to the studio community or its operations.
• Because members will receive access outside of business hours, the last member exiting the studio is required to secure the premises and ensure all doors are closed and locked. Failure to do so may result in disciplinary action, including but not limited to warnings or suspension of studio access privileges. Additionally, the member may be held liable for any damages or losses incurred due to the premises being left unsecured, including theft, vandalism, or unauthorized access. Because members will receive access outside of business hours, the last member exiting the studio is required to secure the premises and ensure all doors are closed and locked. Failure to do so may result in disciplinary action, including but not limited to warnings or suspension of studio access privileges. Additionally, the member may be held liable for any damages or losses incurred due to the premises being left unsecured, including theft, vandalism, or unauthorized access. Members found sharing the door code or bringing in unauthorized guests outside of business hours may face disciplinary action, including but not limited to suspension of studio privileges or termination of membership with no refunds.

We, the undersigned participants, affirm that we are of the age of 18 years or older, and that we are freely signing this agreement. We certify that we have read this agreement, that we fully understand its content and that this release cannot be modified orally. We are aware that this is a release of liability and a contract and that we are signing it of our own free will.