Liability Waiver; Assumption of Risk
It is suggested for all stained glass participants to use lead-free solder and wear a mask while soldering.
I hereby understand that any project of mine left unclaimed after 30 days is subject to forfeiture.
I hereby understand that The Glass Bar LLC and the members of its staff are not responsible for any project that breaks in the kiln.
All glass students and working participants or observers must be over the age of 7 years. Participants under the age 8 are welcome to participate using a pre-cut selection of glass for fusing.
ASSUMPTION OF RISK; RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT MUST BE COMPLETED TO ENTER FUSING STUDIO
ASSUMPTION OF RISK The Glass Bar, LLC operates Stained Glass and Glass Fusing Studio with the use of a Soldering Iron, and/or Kiln work areas (the “Studio”). The undersigned participant and, where participant is under age 18, the undersigned parent or guardian of participant on behalf of the participant, for himself/herself and his/her respective heirs, next-of-kin, personal representatives, successors and assigns: (1) acknowledges that stained glass and fusing involves certain inherent risks, dangers, and hazards which can result in personal injury, property damage, and other losses; and (2) hereby freely agrees to assume and accept any and all such risks of personal injury, property damage and loss associated with the Studio, including risks arising from my conduct (either as a participant or spectator), the design of the features in the Studio, the conduct of The Glass Bar, LLC and its directors, officers, shareholders, trustees, beneficiaries, employees, agents, representatives, independent contractors, subcontractors, sponsors, successors and assigns, and the conduct of other participants.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration of the use of the Studio, the undersigned participant and, where participant is under age 18, the undersigned parent or guardian of participant on behalf of the participant, hereby agrees: 1. To waive any and all claims that participant and any parent or guardian or heirs and assigns has or may in the future have against The Glass Bar, LLC and their directors, officers, shareholders, trustees, beneficiaries, employees, agents, representatives, independent contractors, subcontractors, sponsors, successors and assigns (all of whom are hereinafter collectively referred to as “the Release-es’”) and to release the Release-es from any and all liability for any loss, damage, expense or injury including death that the participant and any parent or guardian or heirs and assigns may suffer, resulting from or arising out of any aspect of the participant’s use of the Studio, due to any cause whatsoever, including negligence; 2. To hold harmless and indemnify the Release-es from any and all claims and liability arising out of or in connection with the participant’s use of the Studio, and for any damage to property of or personal injury to any third party, resulting from the participant’s use of the Studio.
CONSENT TO MEDICAL TREATMENT The undersigned hereby authorizes The Glass Bar, LLC to obtain emergency medical attention and treatment on behalf of myself or my minor child in case of sickness, accident or injury and to secure such medical attention and treatment at my sole expense. The undersigned recognizes that it may be required to transport my minor child to the nearest medical treatment facility based upon his/her age even though the condition may not warrant it.
PERMISSION TO USE IMAGES AND OTHER MEDIA The undersigned also grants The Glass Bar, LLC and any third party authorized by The Glass Bar, LLC the right to film, videotape, photograph, record, and/or make any reproductions of me or my minor child’s likeness and voice that are captured within the open and public areas of the Studio. The undersigned further grants The Glass Bar, LLC the right to use, display, and digitally enhance or alter in any manner, such likeness in any media including but not limited to television, cable, radio or internet, in any motion picture film, videotape, DVD, CD or any published article without giving compensation, attribution, or notice to the participant.
CHOICE OF LAW AND VENUE This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws in the state of Massachusetts and no other jurisdiction. Any litigation involving the parties to this Agreement shall be brought solely within Norfolk County, Massachusetts and shall be within the exclusive jurisdiction of the Courts of Norfolk County, Massachusetts.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS, WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASE-ES.