ACKNOWLEDGEMENT OF RISK AND RELEASE FROM LIABILITY
I, _____________________________, in consideration of being permitted access to, and use of, the Hollowed Earth Pottery Studio, located at 1320 Hampton Avenue Ext, do hereby agree as follows:
1. I acknowledge that the risk of injury from the activity and equipment involved in connection with my use of the Hollowed Earth Pottery Studio, including participation in classes located at the Hollowed Earth Pottery Studio (together the “Activities”), is significant, including the potential for loss of property, permanent disability and death, and while adhering to safety precautions and personal discipline will minimize this risk, the risk of serious injury does exist;
2. I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the Releasees (as defined below), and assume full responsibility for my participation in the Activities;
3. I do hereby waive, release, forever discharge and covenant not to sue Hollowed Earth Pottery, LLC its agents, employees, servants, officers, representatives, members of its board, affiliated entities, current, future, and former, (hereinafter “Releasees”) from any and all liability to me, my personal representative, estate, heirs, next of kin, and assigns from and against any and all claims, lawsuits, demands, actions or causes of action of any type whatsoever, including damages, costs, attorneys fees, refunds, expenses, losses, property damage, personal injury, or death that may result or occur or arise out of my participation in the Activities, whether caused by the negligence of the Releasees or otherwise, except that which is the result of gross negligence and/or wanton misconduct.
4. I agree to indemnify and hold harmless the Releasees from any and all liability for the injury or death of any person(s) or damage to property that may result from my negligent or intentional act or omission that may arise out of or result from my participation in the Activities.
5. I will abide by all safety precautions communicated to me by the Hollowed Earth Pottery staff, as well as all applicable laws, statutes, and ordinances. I agree that I may be asked to discontinue the Activities for my failure to abide by safety instruction or applicable laws, statutes, and ordinances.
6. I agree that in the event that any one or more of the provisions of this Acknowledgement of Risk and Release of Liability Agreement shall be held invalid, illegal or unenforceable in any respect, the other provisions will remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, that provision will apply with whatever modification is necessary to make it valid, legal and enforceable. I agree, where possible, to substitute for any invalid, unenforceable or illegal provision, a valid, enforceable and legal provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision.
I HAVE CAREFULLY READ THIS ACKNOWLEDGEMENT OF RISK AND RELEASE OF LIABILITY AGREEMENT, FULLY UNDERSTANDING ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.