Membership Waiver and Release Liability Form

In consideration of the risk of injury while participating in Pottery (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Common Clay Cooperaive LLC, located at 19685 Stevens Creek Blvd Cupertino CA, 95014, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity. 

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I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY. 

I agree to indemnify and hold harmless Common Clay Cooperative LLC. against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Common Clay Cooperative LLC. incurs any of these types of expenses, I agree to reimburse Common Clay Cooperative LLC.

I acknowledge that Common Clay Cooperative LLC and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Common Clay Cooperative LLC. 

I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event. 

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Common Clay Cooperative LLC. AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Common Clay Cooperative LLC. FOR PERSONAL INJURY OR PROPERTY DAMAGE. 

 

To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Common Clay Cooperative LLC, its agents, and employees. 

 

In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. 

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In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. 

This Agreement was entered into, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant and Common Clay Cooperative LLC agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. 

In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. 

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 (may include dried clay or the empty bag. 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 $20 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.
• 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 (monthly, 6 months or 1 year). 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.
• 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.

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.