Release and Waiver of Liability

IMPORTANT:  Each participant must agree to a Release and Waiver of Liability in order to participate in a public workshop. 

PLEASE READ THIS AGREEMENT CAREFULLY. THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS.

This Release and Waiver of Liability is executed in conjunction with the Professional Services Agreement between the Provider and Client as defined therein, effective as of the workshop registration date.

I, the Client, execute the following Release and Waiver of Liability, including the following terms:

1. Assumption of the Risk. Participation in the workshop may involve activities that could be hazardous, including, but not limited to:

• minor cuts, abrasions, or injuries from the use of scissors, needles, or similar sharp objects;
• minor cuts, abrasions, or injuries from the use of wood products;
• exposure to chemicals such as resin, adhesive materials, or paint.

Client expressly and specifically assumes the risk of injury or harm in these activities and releases Provider from all liability for loss, bodily injury, personal injury, illness, medical bills, death, property damage, and similar expense resulting from participating in Provider’s activities.

2. Waiver and Release. I, THE CLIENT, RELEASE AND FOREVER DISCHARGE AND HOLD HARMLESS THE PROVIDER AND ITS SUCCESSORS AND ASSIGNS FROM ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY, WHICH ARISE OR MAY HEREAFTER ARISE FROM PARTICIPATION IN THE WORKSHOP. I UNDERSTAND AND ACKNOWLEDGE THAT THIS RELEASE DISCHARGES PROVIDER FROM ANY LIABILITY OR CLAIM THAT I, THE CLIENT, MAY HAVE AGAINST THE PROVIDER WITH RESPECT TO ANY LOSS, BODILY INJURY, PERSONAL INJURY, ILLNESS, MEDICAL BILLS, DEATH, PROPERTY DAMAGE, AND SIMILAR EXPENSE THAT MAY RESULT FROM PARTICIPATION IN THE WORKSHOP. I ALSO UNDERSTAND THAT THE PROVIDER DOES NOT ASSUME ANY RESPONSIBILITY FOR OR OBLIGATION TO PROVIDE FINANCIAL ASSISTANCE OR OTHER ASSISTANCE, INCLUDING BUT NOT LIMITED TO MEDICAL, HEALTH, OR DISABILITY INSURANCE, IN THE EVENT OF INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE. I HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE PROVIDER AND ITS EMPLOYEES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL LIABILITY THAT MAY ARISE OUT OF OR RELATE TO MY PARTICIPATION. CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.” In other words, even if you did not know of a risk or did not know to even suspect a possible risk that could happen during or from participation, and that risk occurs and causes you harm, you understand that you are releasing the Provider from any liability for the harm.

3. Insurance. I, the Client, understand that, except as otherwise agreed to by the Provider in writing, Provider does not carry or maintain health, medical, or disability insurance coverage for any Participant. EACH PARTICIPANT IS EXPECTED AND ENCOURAGED TO OBTAIN HIS OR HER OWN HEALTH/MEDICAL, DISABILITY OR OTHER INSURANCE COVERAGE.

4. Medical Treatment. Except as otherwise agreed to by the Provider in writing, I hereby release and forever discharge Provider from any claim whatsoever that arises or may hereafter arise on account of any first-aid treatment or other medical services rendered in connection with an emergency during my participation.

5. Photographic Release. I grant and convey unto the Provider all right, title, and interest in any and all photographic images and video or audio recordings made by Provider during the workshops, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings.

Should the Client wish to opt-out for the aforementioned media usage, they must formally indicate their preference by express communication to the Provider.

6. Other. I expressly agree that this Release is intended to be as broad and inclusive as permitted by the laws of the State of California in the United States of America, and that this Release shall be governed by and interpreted in accordance with the laws of California. I agree that in the event that any clause or provision of the Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of the Release, which shall continue to be enforceable.