Participant agreement waiver, release and assumption of risk
Participation in metalsmithing and other jewelry-making and related art class activities entails known and unanticipated risks that could result in physical and/or emotional injury, loss or damage to personal property, loss of limb or bodily function, or death to yourself or others. Risks may include, but are not limited to cuts, burns, bruises, traumatic injury, injury from flying objects or debris, chemical/smoke/particulate/vapor inhalation or exposure, and electric/laser/chemical/high temperature burns or explosion-related injuries.
In consideration of the services provided by Salt City Smithery, LLC, a Utah limited liability company, and my desire to participate in and/or observe the activities or services provided by Salt City Smithery, LLC (and its individual members, managers, directors, officers, agents, employees, volunteers, representatives, servants, predecessors, successors, assigns, affiliated entities, heirs, personal representatives and all other persons, firms or entities claiming by or through them are hereinafter referred to as “Salt City Smithery”):
I, ____________________ (print name) on behalf of myself, my spouse, my child(ren), minor child for whom I am appointed guardian, my parent(s), heirs, assigns, personal representative(s) and estate hereby:
(a)
agree to use Salt City Smithery and its facilities in a safe and responsible manner;
(b)
agree to abide by the Salt City Smithery’s rules, instructions and the directions of Salt City Smithery’s employees and representatives, and hereby acknowledge that (i) such rules, instructions and directions are intended to promote the safety of both myself and others; (ii) my failure or refusal to abide by those rules, instructions and directions can lead to the immediate revocation of my right to use and access Salt City Smithery, without any right to refund of any payments made; and (iii) in the event of sickness, accident or injury I authorize the Salt City Smithery’s employees and representatives to obtain, on my behalf, emergency medical treatment and to secure such medical treatment at my expense;
(c)
agree to fully and forever waive, release and discharge Salt City Smithery from any and all claims, actions, causes of action, demands, judgments, damages (including compensatory, general, special, consequential, exemplary and punitive), liability or obligations of any nature or kind whether known while I am in the facility or which may arise or become known later, or in any way arise out of or in connection with: (a) my activities within the Salt City Smithery facilities; (b) the activities within the facilities by others; (c) the operation or use of the facilities, equipment, materials or supplies by Salt City Smithery; and (d) my use of any and all of the facilities, equipment, materials or supplies at Salt City Smithery, whether owned by me, Salt City Smithery or a third party; (e) my travel enroute to or from any Salt City Smithery program or related events.
(d)
agree to indemnify and hold Salt City Smithery harmless from and against any and all losses, liability, claims, obligations, costs, damages and/or expenses whatsoever, including, but not limited to any and all attorneys’ fees, costs, damages and/or judgments directly or indirectly arising out of, or related to my acts or omissions while participating or observing any activities at Salt City Smithery;
(d)
agree to indemnify and hold Salt City Smithery harmless from and against any and all losses, liability, claims, obligations, costs, damages and/or expenses whatsoever, including, but not limited to any and all attorneys’ fees, costs, damages and/or judgments directly or indirectly arising out of, or related to my acts or omissions while participating or observing any activities at Salt City Smithery;
(e)
agree to accept and assume all of the risks which accompany the Salt City Smithery activities and represent that my participation and observation of the activities is purely voluntary and I elect to participate in the activities notwithstanding the risks;
(f)
fully understand that participating in the activities within the Salt City Smithery involves physical exertion and risks; and accordingly represent that I (i) am in sufficient good health to participate in activities within Salt City Smithery; (ii) I do not have any pre-existing physical or medical condition(s) that might inhibit my participation or be worsened by my activities within Salt City Smithery; and (iii) will not use Salt City Smithery and its facilities, equipment, materials or supplies while under the use of any drugs, alcohol or medications that may impair my physical abilities or judgment.
(g)
certify that I have adequate insurance to cover any injury, damage or loss of property I may cause or suffer while participating or observing activities at Salt City Smithery, or if not, I agree to bear the costs of such injury or damage to myself and others; and,
(h)
authorize Salt City Smithery to capture my image, likeness and sounds in photographs, videotapes, recordings or other forms of media (hereinafter “Images”). I acknowledge that Salt City Smithery will own such Images and I grant permission, without compensation, for Salt City Smithery to copyright, display, publish, distribute, use, modify and print such Images in any lawful manner, including without limitation, in publications, advertisements, brochures, websites, social media and other electronic displays and transmissions thereof. The foregoing authorization shall not include using my name with any Image, unless I agree otherwise in writing.
