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THIS AGREEMENT is made between MAXT Makerspace (headquartered at 50 Jaffrey Rd. Suite 12, Peterborough, NH) and the MAXT Makerspace or MAXT Sharing Arts Ceramics Center visitor, workshop participant, guest or member (Guest).
In consideration for Guest’s participation in the activities of MAxT Makerspace, Guest agrees to the following waiver and release:
1. Assumption of Risk.
Guest acknowledges risks from the use of tools, equipment, devices, and hazardous materials of any kind commonly used in constructing, fabricating, developing, crafting, inventing, prototyping, metalworking, woodworking, software design and other technology related activities. Guest’s participation in such activities, and/or use of such tools may result in injury, illness, death or damage to Guest or Guest’s personal property. Such injury, illness, death or damage to Guest or Guest’s personal property, may arise from foreseeable or unforeseeable causes and may be caused by Guest, other Guests, Members, or Force Majeure. Guest hereby fully acknowledges all such risks and any others which arise because of Guest’s association with MAxT Makerspace.
2. Release of Liability.
Guest releases MAxT Makerspace, its Officers, Agents, Instructors, Board, Members, Guests and Assigns from any and all liability arising out of any and all damage, loss or injury to Guest or Guest’s property while participating in any and all activities related to MAxT Makerspace and/or using any equipment owned by MAxT Makerspace or another Guest or Member of MAxT Makerspace regardless of whether such loss or injury is as a result of negligence of MAxT Makerspace or its Members, Guests, Agents, Board Members and Assigns, or is a result of some other cause.
3. Covenant Not to Sue.
Guest agrees that Guest will not, under any circumstances, initiate any legal action against MAxT Makerspace, its Members, Guests, Agents, Board Members and Assigns, nor will Guest assist in the prosecution of any such legal action filed by another, arising out of an injury to the person or property of Guest while participating in any activities related to MAxT Makerspace. This covenant extends to include the Heirs, Executors, Administrators or Assigns of Guest.
4. Third Party Indemnification.
Guest indemnifies, saves and holds harmless MAxT Makerspace, its Members, Instructors, Guests, Agents, Board Members and Assigns from any and all losses, claims, actions or proceedings of every kind and character which may be initiated by any other persons or organizations and which arise directly or indirectly from the actions of Guest while engaged in the activities related to MAxT Makerspace.
Governing Law and Interpretation.
This Agreement and General Release shall be governed and conformed in accordance with the laws of the State of New Hampshire. Should any provision of this Agreement and General Release be declared illegal or unenforceable and cannot be modified to be enforceable, excluding the general release language, such provisions shall immediately become null and void, leaving the remainder of this Agreement and General Release in full force and effect.
I hereby acknowledge that I have carefully read and understood all of the above provisions and voluntarily sign this document as a condition of being a Guest at MAxT Makerspace.
