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Membership Waiver and Release Liability Form

In consideration of the risk of injury while participating in Woodworking and/or Pottery (the "Activities"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Clayroom San Mateo, Inc., located at 3050 South Delaware Street, San Mateo CA 94403, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity. 

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY. 

I agree to indemnify and hold harmless Clayroom San Mateo, Inc. against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Clayroom San Mateo, Inc. incurs any of these types of expenses, I agree to reimburse Clayroom San Mateo, Inc.. 

I acknowledge that Clayroom San Mateo, Inc. and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Clayroom San Mateo, Inc.. 

I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event. 

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Clayroom San Mateo, Inc. AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Clayroom San Mateo, Inc. FOR PERSONAL INJURY OR PROPERTY DAMAGE. 

 

To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Clayroom San Mateo, Inc., its agents, and employees. 

 

In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. 

In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. 

This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant,__________________________, and Clayroom San Mateo, Inc. agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. 

In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. 

In the event of an emergency, please contact the following person(s) in the order presented: 

STANDARD MEMBERSHIP POLICIES

  • As experienced member of the community, members are required to conduct themselves in a professional manner 

  • Members are responsible for cleaning all equipment and immediate work areas used and keeping shelf spaces in a sanitary condition at all times; removing trash regularly.

  • Cleaning for all members is defined by: wiping down surfaces used with a sponge so that no clay/material remains on the surface used, mopping the floor directly around the area used so that no clay/material remains, replacing items/materials used from other areas of the studio once finished, wiping boards used and returning them to a designated board storage area, rinsing communal tools used so that no clay/material remains on them, and storing clay in designated member clay areas and disposing of related trash (may include dried clay or the empty bag. Failure to comply with these cleaning policies may result in a denial of membership renewal. 

  •  Absolutely NO SMOKING is permitted in the studio or within 25 feet of entrance door or garage door

  • Friendly dogs are welcomed in the studio!

  • Members shall not possess, consume, distribute, or otherwise exploit any form of unlawful controlled substances on the Premises at any time 

  • Members are responsible for providing their own tools to use and may consult Clayroom staff about the possibility of using specialized tools, glazes and clays. However, Clayroom holds the right to forbid any unauthorized glazes and clays

  • Members must consult with Clayroom management about using non-studio glazes before glazing and firing work. In most cases, such would require test tiles

  • Members must purchase their clay from Clayroom

  • Members acknowledge that Clayroom has no responsibility whatsoever for the security of a member’s property while such property is on premises. Members waive any and all claims against Clayroom for loss of property as a result of theft or damage

  • Members acknowledge that these rules are subject to change upon five days’ notice, and that Members hereby agree to comply with any such changes

  • Memberships start on the 1st or 15th and dues are collected on the respective date. 

  • Firing fees for Members will be +$20 for each bag of clay and will be collected the subsequent month from purchase

  • No food should be left in one’s storage shelf

  • Members can only bring in a guest on member nights, prior approval by management or an outstanding agreement amongst member-student

  • Members have to provide notification of canceled membership 2 weeks prior to the 1st of the month otherwise will be billed for the subsequent month 

SIGNATURES

We, the undersigned participants, affirm that we are of the age of 18 years or older, and that we are freely signing this agreement. We certify that we have read this agreement, that we fully understand its content and that this release cannot be modified orally. We are aware that this is a release of liability and a contract and that we are signing it of our own free will.

I agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

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