Today's Date: February 6, 2023
In consideration of participant, hereinafter "Member", being allowed to enter DIYcave, LLC's premises, and use its equipment and materials, and the pricing established for said access, Member agrees as follows:
1. Member agrees to be trained in the safe use of each piece of equipment and/or materials before attempting to use said equipment or materials.
a) I declare that I have received/will receive proper safety training with respect to all equipment and materials I intend to use.
2. Member agrees to use equipment and facilities only when unimpaired and physically and mentally alert; and, member understands that access to premises and equipment will be denied to impaired members.
3. Member understand and agrees that safety procedures, equipment safety features, and instructions are for the protection of Member, DIYcave, LLC, and owners and other members, and:
a) Agrees to use equipment and materials only in compliance with safety procedures, safety features and instructions; with proper safety eyewear; visually unobstructed; and, wearing appropriate clothing suitable for a workshop; and,
b) AGREES TO DEFEND, INDEMNIFY AND HOLD DIYCAVE, LLC HARMLESS FROM ANY AND ALL CLAIMS OF THOSE SUFFERING PROPERTY DAMAGES, BODILY INJURY OR DEATH, CAUSED IN WHOLE OR IN PART, BY THE FAILURE OF MEMBER TO USE SAID SAFETY PROCEDURES, SAFETY FEATURES, AND INSTRUCTIONS.
4. Member understands and agrees that there are dangers inherent in working with equipment, tools, and materials, and others working with equipment, tools, and materials, including but not limited to, bodily injury, dismemberment, and/or death. Member waives specific notice of the existence of said dangers, and VOLUNTARILY ASSUMES AND ACCEPTS THOSE RISKS AND RELEASES DIYCAVE, LLC, ITS MEMBERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS OF PROPERTY DAMAGE, BODILY INJURY, DISMEMBERMENT AND/OR DEATH CAUSE BY SAID DANGERS.
5. MEMBER HEREBY RELEASES DIYCAVE, LLC, ITS MEMBERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS FOR PROPERTY DAMAGE, FOR BODILY INJURY, DISMEMBERMENT AND/OR DEATH. THIS RELEASE AND INDEMNITY AGREEMENT SHALL APPLY TO ANY CLAIM EVEN IF CAUSED BY NEGLIGENCE.
6. Member hereby waives the right to trial before a Court or jury, for any and all disputes, including but not limited to contractual rights and compensation for property damage, bodily injury, dismemberment and/or death, and agrees that the application of this Waiver and Release to any claim or lawsuit of Member, and the merits of any dispute, shall be decided by binding arbitration pursuant to binding (nonappealable) arbitration pursuant to the rules and procedures of the Arbitration Service of Portland.
7. MEMBER HAS CAREFULLY READ AND UNDERSTANDS THIS AGREEMENT AND ALL OF ITS TERMS OF THIS DOCUMENT. MEMBER UNDERSTANDS THAT THIS DOCUMENT IS AN AGREEMENT OF RELEASE AND INDEMNITY WHICH WILL PREVENT MEMBER OR MEMBER'S ESTATE FROM RECOVERING DAMAGES FROM DIYCAVE, LLC IN THE EVENT OF BODILY INJURY AND/OR DEATH TO A PERSON OR PROPERTY. MEMBER NEVERTHELESS, ENTERS INTO THIS AGREEMENT FREELY AND VOLUNTARILY AND AGREES IT IS BINDING ON MEMBER AND MEMBER'S HEIRS AND LEGAL REPRESENTATIVES.
8. Member agrees that the agreements set forth above are separate and independent, and will be enforced even if one or more are determined to be unenforceable.
9. Member gives permission to the DIYcave, LLC to take and use, for it's promotional and educational purposes, across any and all mediums, any photograph or video recording of me or my child(ren) taken during DIYcave, LLC activities.