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STUDIO 1396
ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNIFICATION AGREEMENT

In consideration of my entrance onto the premises or use of the facilities or services of Rocky Ventures, Inc., dba, 1396 Studios or other name variation (“The Studio”), I, the undersigned person, AGREE AS FOLLOWS: 

ASSUMPTION OF RISK

  1. I acknowledge and understand that: (a) my participation, in any capacity, in pottery and other arts and crafts, and any activities or services provided or sponsored by The Studio; and (b) my presence at The Studio’s premises, now or in the future (collectively referred to as the “Activities”), HAS KNOWN AND UNKNOWN RISKS THAT COULD RESULT IN INJURY, ACCIDENT, DAMAGE, OR LOSS TO MYSELF, TO PROPERTY, OR TO ANYONE ELSE, EVEN IF I FOLLOW THE INSTRUCTIONS AND RULES OF THE STUDIO.  Risks can include, among other things, those arising from: (1) strenuous, physical or repetitive activities; (2) exposure to harmful or potentially harmful chemicals or airborne particles; (3) operation of machinery, equipment and tools; (4) damage to property, including my arts/crafts projects and equipment; (5) premises conditions, such as temperature fluctuations, wet or slippery surfaces and weather-related conditions such as snow and ice; (6) equipment malfunction, failure or misuse; and (7) the actions or inaction of others, such as other participants, instructors/staff, visitors, and landlord(s).
  2. I agree that I will and that it is my responsibility to abide by all of The Studio’s rules and instructions, whether written or oral, provided now or in the future. I agree that The Studio shall have no duty to monitor my performance of the Activities.
  3. I represent that I have no physical or mental health conditions that would limit my ability to participate in or increase the risks associated with any Activities. Some examples of such conditions include: epilepsy, diabetes, heart disease, and past injuries/surgeries. I agree to consult my physician prior to participating in any Activity if I am unsure about my physical and mental condition to participate in any Activity.
  4. I understand that the use of any drugs (prescription or otherwise) or alcohol while participating in any of the Activities could increase risks associated with them and that The Studio is not responsible for monitoring my use of any such substance.
  5. I understand that I am responsible for any children (or other minors) or pets I bring to The Studio’s premises or events.

I UNDERSTAND AND ACKNOWLEDGE THAT MY ENTRY INTO THE STUDIO’S PREMISES, OR PARTICIPATION IN, OR OBSERVATION OF, ANY ACTIVITIES ARE PURELY VOLUNTARY.  I EXPRESSLY ASSUME ALL RISKS ASSOCIATED THEREWITH, INCLUDING BUT NOT LIMITED TO THOSE ENUMERATED IN THIS AGREEMENT, IN SPITE OF AND WITH FULL KNOWLEDGE OF THE RISKS.


RELEASE OF LIABILITY AND INDEMNIFICATION

  1. I, FOR MYSELF, MY PARENTS, HEIRS, ASSIGNS, REPRESENTATIVES, ESTATE, AND NEXT OF KIN, UNCONDITIONALLY RELEASE AND DISCHARGE ROCKY VENTURES, INC., ROCKY ESTATES, LLC, VERTICAL SOLUTIONS, LLC, AND ANY OF THEIR EMPLOYEES, OWNERS, MANAGERS, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, AFFILIATES, INDEPENDENT CONTRACTORS, AND ASSIGNS (“RELEASED PARTIES”), FROM ALL DAMAGES, CLAIMS, LIABILITIES, OR CAUSES OF ACTION, ARISING OUT OF OR RELATED IN ANY WAY TO MY PARTICIPATION IN ACTIVITIES, MY USE OF THE STUDIO’S EQUIPMENT, OR MY PRESENCE AT THE STUDIO’S PREMISES, INCLUDING CLAIMS OF ORDINARY NEGLIGENCE ON THE PART OF ANY RELEASED PARTIES.
  2. I AGREE TO HOLD HARMLESS, DEFEND, AND INDEMNIFY THE RELEASED PARTIES FROM ANY DAMAGE, CLAIM, LIABILITY OR CAUSE OF ACTION BY THIRD PARTIES ARISING OUT OF OR RELATED TO MY PARTICIPATION IN ANY ACTIVITES, MY PRESENCE AT THE STUDIO OR USE OF ITS EQUIPMENT, OR THE ACTIONS OF MINORS OR PETS THAT ACCOMPANY ME TO THE STUDIO’S PREMISES, INCLUDING BUT NOT LIMITED TO INJURIES ARISING FROM MY VIOLATION OF THE STUDIOS RULES AND INSTRUCTIONS.
  3. I acknowledge that The Studio does not have medical personnel on staff.  I authorize The Studio to stabilize, obtain medical care for, or transport me to a medical facility or hospital if medical attention is required or I am unable to make such decisions for myself. I agree to pay all costs associated with such medical care and related transportation costs and shall HOLD HARMLESS, DEFEND, AND INDEMNIFY The Studio from any costs incurred relating to such actions.


OTHER TERMS OF AGREEMENT

  1. I acknowledge that The Studio shall not be responsible for the safekeeping, loss, or theft of, or damage to, my property (including my projects and equipment) or the property of any other person at The Studio’s premises or otherwise.
  2. I shall be liable for the reasonable cost of repairs or replacements to any of The Studio’s equipment or property that I, or the minors or pets that accompany me, damage.
  3. I authorize The Studio to use, store, or transfer my personal information (excluding any medical or financial information) and likeness, for any and all purposes in connection with promoting or improving the Activities, facilities or services of The Studio, or otherwise furthering the interests of The Studio. I acknowledge this may include posting photos of me or my name online, in publications, or sales materials.
  4. I agree that any delay or failure by The Studio to exercise any right or remedy under this agreement will not constitute a waiver of that or any other right or remedy.
  5. I agree that The Studio may freely assign this agreement, including any or all rights or obligations hereunder, without my consent or notice to me.
  6. I agree that if any provision of this agreement or the application of any such provision to any person or circumstance is held invalid, unenforceable, or illegal, the remainder of this agreement and the portion of such provision or application not held invalid, unenforceable or illegal, will remain in effect and enforced to the fullest extent permitted by applicable law.
  7. GOVERNING LAW, JURISDICTION, AND WAIVER OF JURY TRIAL. I agree that this agreement shall be construed in accordance with, and governed by the substantive laws of the State of Utah, without reference to principles governing choice or conflicts of laws. In addition, I agree that any action or claims arising out of or relating in any way to this agreement, I submit to the exclusive jurisdiction of the Third District Court for the State of Utah. I VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A JURY TRIAL IN ANY SUCH ACTION OR CLAIM.
  8. This agreement and any other agreement I have with The Studio constitutes the entire agreement between The Studio and me regarding the subject matter hereof, and supersedes all previous agreements, understandings and arrangements, written or oral, between The Studio and me in relation to such matters.
  9. I agree that this agreement shall continue in effect in perpetuity to the fullest extent allowed by law, so that each time I enter onto The Studio’s premises, use The Studio’s facilities or services, or participate in any activity in which The Studio is involved, I shall be bound by its terms.

BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE THAT, AMONG OTHER THINGS, I AM WAIVING CERTAIN LEGAL RIGHTS, RELEASING THE ABOVE-DEFINED “RELEASED PARTIES” OF LIABILITY, AND AGREEING TO INDEMNIFY THE ABOVE-DEFINED “RELEASED PARTIES”.


Today's Date: May 11, 2025                       

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*

Emergency Contact's Relation to Participant

SIGNATURE OF PARENT OR GUARDIAN REQUIRED FOR CHILDREN UNDER THE AGE OF 18

I represent that: (a) I am the parent or guardian of the minor named above, and (b) I have the authority to enter into each and every agreement, representation, release and indemnification described above on behalf of myself, the minor named above (to the fullest degree permitted by law), and any other parent or guardian of the Participant, intending that they be binding on me, the minor named above, and our respective heirs, executors, personal representatives, administrators and assigns. I represent that I understand and have discussed with the minor named above the risks associated with the Activities, and represent that the minor named above understands such risks and still wants to participate in the Activities. By signing below, I represent that I intend to give up my right, the right of the minor named above (to the fullest degree permitted by law), and the right of any other parent or guardian to maintain any claim or suit against The Studio arising out of or related to the minor’s participation in or observation of any Activities. I FURTHER AGREE TO HOLD HARMLESS, DEFEND, AND INDEMNIFY THE STUDIO FROM ANY CLAIMS FROM THIRD PARTIES, INCLUDING ANY OTHER PARENTS OR GUARDIANS OF THE MINOR NAMED ABOVE (TO THE FULLEST DEGREE PERMITTED BY LAW), ARISING FROM OR RELATED TO THE MINOR’S PRESENCE AT THE STUDIO’S PREMISES, INCLUDING THE MINOR’S PARTICIPATION IN OR OBSERVATION OF ANY ACTIVITIES.



By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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