WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT FOR ACCESS TO AND USE OF Wonder & Wyld Creative LLC STUDIO
1. This Waiver of Liability and Hold Harmless Agreement (the "Studio Waiver") pertains to the agreement between MYSELF, the undersigned ("" and "my"), and Wonder & Wyld Creative LLC, (hereby referred to as the "W&WC") and is a prerequisite for my access to and use of Wonder & Wyld Creative equipment and studio premises located at: 140 Morada Way Islamorada Fl, 33036
2. In consideration for receiving permission to access W&WC studio and make use of the related contents and equipment, I AGREE NOT TO SUE AND HEREBY RELEASE, WAIVE, AND DISCHARGE W&WC from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any LOSS, DAMAGE OR INJURY, INCLUDING DEATH, that may be sustained by me, or any of the property belonging to me, WHETHER CAUSED BY THE NEGLIGENCE OF W&WC OR OTHERWISE, while participating in such use, or while in, on, or upon the W&WC premises.
3.I am fully aware of the unusual risks involved and hazards connected with my presence at and any kind of use of the W&WC studio and equipment, including but not limited to the operation of machine tools (the "Activity"), and I hereby elect to voluntarily participate in the Activity with full knowledge that the Activity may be hazardous to me or my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISK OF LOSS, PROPERTY DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, which may be sustained by me, or any loss or damage to property owned by me, by of being engaged in such Activity, WHETHER CAUSED BY THE NEGLIGENCE OF THE W&WC OR OTHERWISE.
4. I further hereby agree to indemnify, defend, and hold harmless W&WC and W&WC officers, directors, employees, and agents ("W&WC Indemnified Parties") from and against any and all claims, assertions, or demands, and any and all losses, liability, damages or costs, including court costs and attorney fees, arising from or which may be incurred by the W&WC Indemnified Parties due to my (a) participation in the Activity, (b) breach of the W&WC LLC Subscription Agreement (if applicable), or (c) violation of applicable law.
5. It is my express intent that this Studio Waiver shall bind the members of my family and spouse, if I am alive, and my heirs, assigns, and personal representative, if I am deceased, and shall be deemed as a valid RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE WONDER & WYLD CREATIVE LLC. I hereby further agree that this Studio Waiver shall be construed in accordance with the laws of THE STATE OF FLORIDA.
6. BY SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT:
a. I have read the foregoing Studio Waiver and acknowledge that I have had the opportunity to seek independent professional legal advice regarding the contents of it;
b. I understand and sign this Studio Waiver voluntarily by my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made;
c. I am at least eighteen (18) years of age and represent that I am fully competent;
d. If I am signing on behalf of a child under the age of eighteen (18) years of age, I represent that I am that child's parent or legal guardian; and
e. My participation in the Activity constitutes full, adequate, and complete consideration, fully intending to be bound by the same. |