RELEASE AND WAIVER OF LIABILITYIn consideration for being permitted to participate in the activities of The MASS Collective Foundation, INC ("MASS Collective"), I agree to the following waiver and release: ASSUMPTION OF RISKI acknowledge that inherent risks, dangers, and hazards exist when using tools and equipment commonly used in: - Woodworking and carpentry
- Metalworking and welding
- Machining (CNC, lathe, mill)
- Laser cutting and engraving
- 3D printing and additive manufacturing
- Electronics and soldering
- Ceramics (wheel throwing, kiln operation, glazing)
- Textiles and sewing
- Blacksmithing and forging
- Photography and digital fabrication
- General construction and fabrication
- Other creative, technical, and artistic activities
Participation in such activities and/or the use of equipment associated with design, manufacture, and experimentation may result in: - Injury, illness, or death to persons
- Damage to personal property
- Exposure to hazardous materials, heat, electricity, moving machinery, sharp objects, loud noises, and other dangers
These risks and dangers may be caused by: - My own actions or inactions
- The actions or inactions of other participants, members, or staff
- Accidents, equipment malfunction, or acts of nature
- Conditions of the facility, equipment, or materials
- Other foreseeable or unforeseeable causes
Specific risks include but are not limited to: - Cuts, lacerations, and puncture wounds from sharp tools and materials
- Burns from welding, soldering, kilns, or hot materials
- Electrocution or electrical shock
- Injury from slips, trips, and falls
- Respiratory issues from dust, fumes, or chemical exposure
- Hearing damage from loud equipment
- Crushing or impact injuries from heavy materials or equipment
- Eye injuries from projectiles, sparks, or debris
- Repetitive motion injuries
- Allergic reactions to materials
I fully understand and acknowledge these risks and voluntarily assume all such risks. RELEASE OF LIABILITYI, for myself and on behalf of my heirs, assigns, personal representatives, and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS The MASS Collective Foundation, INC, its officers, directors, employees, volunteers, members, agents, affiliates, successors, and assigns (collectively "Released Parties") with respect to any and all injury, disability, death, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, to the fullest extent permitted by law. I fully assume all risks associated with participation in events and activities at MASS Collective and exempt and release the Released Parties from any action whatsoever arising out of any damage, loss, or injury to myself or my property while: - Upon the premises at 364 Nelson Street SW, Atlanta, GA 30313, or any future MASS Collective location
- Using any equipment, tools, or materials of the organization
- Participating in any activities, classes, workshops, or events
- Under the instruction or supervision of MASS staff, educators, or members
This release applies whether such loss, damage, or injury results from the negligence of MASS Collective, its members, staff, or agents, or from some other cause. COVENANT NOT TO SUEI agree NEVER TO INSTITUTE ANY SUIT OR ACTION AT LAW against The MASS Collective Foundation, INC, its officers, directors, employees, volunteers, members, agents, or affiliates, nor to initiate or in any way assist the prosecution of any claim for damages or cause of action which I, my heirs, executors, or administrators may have by reason of injury to my person or to my property arising from the activities contemplated by this agreement. This covenant not to sue applies to claims based on: - Negligence of the Released Parties
- Defective equipment or facilities
- Inadequate safety precautions or instructions
- Failure to warn of dangerous conditions
- Any other cause of action
THIRD PARTY INDEMNIFICATIONI will INDEMNIFY, SAVE, AND HOLD HARMLESS The MASS Collective Foundation, INC, its officers, directors, employees, volunteers, members, agents, and affiliates from any and all: - Losses
- Claims
- Actions
- Proceedings
- Damages
- Costs (including reasonable attorneys' fees)
...of every kind and character which may be presented or initiated by any other persons or organizations and which arise directly or indirectly from my actions while engaged in activities at MASS Collective. This means I agree to defend and reimburse MASS Collective for any claims made against them that arise from my conduct, including: - Claims by other participants injured by my actions
- Property damage I cause to the facility or others' property
- Any violations of law or regulation I commit while at MASS
MEDICAL TREATMENT AUTHORIZATIONI authorize MASS Collective staff to: - Administer basic first aid for minor injuries
- Call emergency medical services (911) if needed
- Transport me to a medical facility if necessary
- Consent to emergency medical treatment on my behalf if I am unable to do so
I understand that: - MASS Collective does not provide medical or health insurance coverage for participants
- I am responsible for all costs associated with medical treatment
- I should maintain my own health and accident insurance
SAFETY AND CONDUCT ACKNOWLEDGMENTSBy signing this waiver, I acknowledge and agree that: Equipment and Training- I will not use any equipment or tools for which I have not received proper training and authorization
- I will follow all posted safety rules, Standard Operating Procedures (SOPs), and staff instructions
- I will wear all required Personal Protective Equipment (PPE)
- I will inspect equipment before use and report any defects immediately
- I will stop using equipment immediately if it appears unsafe or malfunctions
Facility Rules- I have read or will read the MASS Collective Code of Conduct
- I will comply with all facility rules and policies
- I understand that violations may result in removal from the facility
- I will not enter the facility while under the influence of alcohol or drugs
- I am responsible for my own safety and the safety of others around me
Personal Property- MASS Collective is not responsible for lost, stolen, or damaged personal property
- I will secure my belongings and not leave valuables unattended
- I understand that MASS is not liable for damage to projects, materials, or equipment I bring to the facility
Minors- If I am a parent or guardian of a minor participant, I have the legal authority to sign this waiver on their behalf
- I understand that minors must be supervised by a parent or guardian at all times
- I accept full responsibility for the minor's safety and conduct
Photography and Media- I understand that MASS Collective may photograph or video record activities in the facility
- These images may be used for promotional, marketing, educational, or internal purposes
PHOTO AND MEDIA RELEASEDo you consent to MASS Collective photographing you and using your image in promotional materials, marketing, and internal communications? I Agree I Grant MASS Collective, its representatives, and employees the right to photograph my person and projects for use in promotional materials, marketing endeavors, campaigns, and communications
Project Photography: MASS Collective reserves the right to photograph member projects for promotional, marketing, or internal communications unless specifically communicated otherwise by the member to staff. Projects will be credited accordingly and represented appropriately when used in promotional materials, marketing, or internal communications when requested. ACKNOWLEDGMENT OF UNDERSTANDINGI hereby acknowledge that I have CAREFULLY READ ALL OF THE PROVISIONS ABOVE, fully understand the terms and conditions expressed, and do freely choose acceptance of the foregoing paragraphs relating to: - Assumption of risk
- Release of liability
- Covenant not to sue
- Third party indemnification
- Medical treatment authorization
I understand that by signing this document, I am giving up substantial legal rights, including the right to sue for negligence. I am signing this waiver voluntarily and of my own free will. I understand this waiver is intended to be as broad and inclusive as permitted by the laws of the State of Georgia, and that if any portion is held invalid, the remainder shall continue in full force and effect.
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