Waiver, Release of Liability, and Assumption of Risk
In consideration of the services of ATX Hackerspace, its members, users, agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "ATX Hackerspace"), I hereby agree to release, defend, indemnify, and hold harmless ATX Hackerspace from all liability of any kind whether based in contract, tort, statutory violation, or other cause of action. I make this agreement to release, defend, indemnify, and hold ATX Hackerspace harmless on behalf of myself, my children, my parents, my heirs, assigns, personal representatives and estate. This release extends to every aspect of my participation in ATX Hackerspace including but not limited to activities, events,, classes,, at any location including but not limited to any location where an event occurs or where equipment for those classes and/or events is placed or is in use.
1. I acknowledge that my participation in an industrial workshop environment entails risks that are known, unknown, anticipated, and/or unanticipated that could result in personal injury, mental or emotional injury, death, and/or damage to myself, to my property, or to third parties. I understand that such risks cannot be eliminated without jeopardizing the essential and/or fundamental qualities of the activity. I assume those risks and release ATX Hackerspace of liability of any kind resulting from those risks and from my membership in ATXHS. I understand and acknowledge that I am hereby relinquishing valuable legal rights.
It is not possible to describe or quantify every risk inherent in the use of ATXHS’ facilities, tools, and equipment. Such risks include but are not limited to: major and minor bodily injury; electrocution; exposure to harmful substances such as but not limited to corrosive acids, poisonous chemicals and gases, strong alkaline materials; collision with objects; exposure to intense radiation from lasers, UV light, electromagnetic, radio and other sources; illness; exposure to extremes of temperature and humidity; electrical arcs; injury by sharp objects; wrist, arm, neck, shoulder, and/or back injuries; slips and falls; falls from a great height; heavy falling objects; and biologically hazardous organisms.
Furthermore, I understand that ATX Hackerspace might be unaware of a participant's fitness or abilities, it might misjudge the conditions, the current state of mind of a participant, or status of the area, and that it may give inadequate warnings or instructions. I also understand that the equipment being used might malfunction. I expressly acknowledge, and promise to accept and assume all of these risks. To be clear, I am agreeing not to make a claim against ATX Hackerspace or to sue ATX Hackerspace even if such claim or lawsuit is based in whole or in part on ATX Hackerspace’s negligence.
2. I acknowledge, agree, and represent that I understand the nature of an industrial workshop space and that I am qualified, in good health, and in proper physical and mental condition to participate in such activity. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the activity.
3. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of all risks, known and unknown.
4. This agreement applies to any negligence alleged against ATX Hackerspace: I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless ATX Hackerspace from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of ATX Hackerspace's equipment, tools, or facilities, including any claims which allege negligent acts or omissions by ATX Hackerspace.
5. Should ATX Hackerspace or anyone acting on its behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
6. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical, mental, or physical condition I may have.
7. In the event that I file a lawsuit against ATX Hackerspace, I agree to do so solely in the state of Texas, and I further agree that the substantive law of Texas shall apply. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By e-signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against ATX Hackerspace on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understand it, and I agree to be bound by its terms. I am signing this document voluntarily, and if for any reason my signed copy of this Agreement is unavailable, I agree that by entering the ATXHS premises or by using my membership, I am bound by the terms of this Agreement.
I acknowledge that despite precautions, there is risk associated with coming to the space. If I use the space during the COVID-19 pandemic, I do so at my own risk. I acknowledge the contagious nature of COVID-19, that the disease may be spread by persons who do not have symptoms, and that despite all preventive measures, I can still be exposed to or contract COVID-19 disease from using the facilities, tools, and equipment at ATXHS. I agree that ATX Hackerspace assumes no liability whatsoever if I am exposed to or acquire COVID-19 disease because I have used the space. I release ATXHS and its members, users, board members, and officers from any liability of any kind to the fullest extent of the law should I be exposed to or contract COVID-19 while at the space. I agree to defend, indemnify, and hold ATX Hackerspace harmless from liability of any kind based in whole or in part on the exposure to or injury from COVID-19 disease. I understand that this waiver and indemnity extends to the exposure or contracting of COVID-19 disease by my family and friends should I be exposed at the space and bring the disease home or elsewhere.
I further acknowledge that ATXHS has put in place preventative measures to reduce the spread of COVID-19. I further acknowledge that ATXHS cannot guarantee that I will not become infected with COVID-19. I understand that the risk of becoming exposed to and/or infected by COVID-19 may result from the actions, omissions, or negligence of myself and other members. I voluntarily choose to use ATXHS facilities, tools, and equipment and acknowledge that by doing so I am increasing my risk of exposure to COVID-19. I agree to comply with all policies and procedures ATXHS’ Board has adopted to reduce the spread of COVID-19. I understand that this liability waiver applies even if I, my family, or attorneys working on my behalf or my family’s behalf believe that ATXHS acted negligently. To be clear, to be able to use the space, I am agreeing to release ATXHS from liability and to indemnify ATXHS from all claims and liability of any kind even if they are based on negligence on the part of ATXHS.
For as long as required by ATXHS policy,
I understand if I violate these rules, I will be asked to leave the space and have my access temporarily or permanently revoked at the Board’s sole discretion.