IN CONSIDERATION of being permitted to create, learn, observe, and actively make, or participate in any way in the classes and/or membership or being permitted to enter for any purpose Mouse Ceramic Studio (defined as the first and sub level at 1012 Beverley road in Brooklyn, NY 11218), each of the students who have registered, for themself, their personal representatives, heirs, and next of kin:
1. Acknowledges, agrees, and represents that they have or will immediately upon entering Mouse Ceramic Studio and will continuously thereafter, inspect the studio which they enter, and further agree and warrants that, if at any time, he or she is in or about Mouse Ceramic Studio and he/she feels anything to be unsafe, he/she will immediately advise the officials of such and if necessary will leave Mouse Ceramic Studio and/or refuse to participate further.
2. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the owners, promoters, participants, associations, sanctioning organizations or any subdivision thereof, any persons in any part of Mouse Ceramic Studio, owners and lessees of premises used to conduct the classes and activities, premises and inspectors, surveyors, underwriters, consultants and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the premises of Mouse Ceramic Studio and each of them, the owners, managers, studio liasons, technicians, work exchange staff, teachers, their directors, officers, agents and employees, all for the purposes herein referred to as “Releasees,”
FROM ALL LIABILITY TO THE UNDERSIGNED, his/her personal representatives, assigns, heirs, and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE ACTIVITIES AT MOUSE CERAMIC STUDIO, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
3. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST they may incur arising out of or related to MOUSE CERAMIC STUDIO WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
4. HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related to MOUSE CERAMIC STUDIO whether caused by the NEGLIGENCE OF RELEASEES or otherwise.
5. HEREBY acknowledges that THE ACTIVITIES OF MOUSE CERAMIC STUDIO ARE VERY DANGEROUS and involve risk of serious injury and/or death and/or property damage. Each of the UNDERSIGNED, also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
6. HEREBY agrees that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releasees, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as broad and inclusive as is permitted by New York state in which the studio is conducted and that if any portion thereof is held invalid, it is agreed that the balance shall notwithstanding, continue in full legal force and effect.
7. HEREBY agrees to follow all rules of the studio and acknowledge that failure to follow and abide by the rules will mean the termination of my class or membership at the studio. Rules can be found on the INFORMATION section of the website.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS AND FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.