ONLINE WAIVER
All students must complete and return prior to the commencement of their first class or workshop at Work in Progress Art Studio.
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WAIVERS AND SAFETY FOR CLASSES AND STUDIO USE
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1. Students will follow all instructions by teacher
2. Students will not load, unload or operate the kilns
3. Long hair should be tied back
4. Do not wear articles of clothing or jewelry that hang off the body.
5. Closed footwear is required.
6. Do not use any equipment without prior instruction by a teacher or staff member.
7. All completed work must be picked up from Work in Progress Art Studio no later than 3 weeks after the student’s final class. Work in Progress Art Studio is not responsible for any work left longer than 3 weeks. It is the student’s responsibility to pick up their work.
8. All students/members are required to clean up after class and work to maintain cleanliness in the studio. Click the link here: Silica, Crystalline - Overview | Occupational Safety and Health Administration to learn more about silica and its effect on the lungs.
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LIABILITY WAIVER
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In connection with my involvement in ceramic classes at Work in Progress Art Studio, I hereby release Work in Progress Art Studio, its agents, representatives, successors, or assignees, Work in Progress Art Studio management and employees, from all liabilities, actions, claims, damages, demands, costs, and expenses which I am now or in the future have against them, arising out of or in any way connected with my participation in art classes, including enroute to or from the program or its related events. I understand that the waiver includes, but is not limited to, all injuries to me and or loss of injuries to any personal property. I also understand that this waiver includes, but is not limited to, any claims that are based on my alleged negligence or any other action or inaction of any of the above parties.
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I also give Work in Progress Art Studio permission to publish in print, electronic, or video format the likeness or image of myself and/or my work for the general promotion of Work in Progress Art Studio and its programs.
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I agree to indemnify and hold harmless Teresa Pennington and any other agents working on behalf of Work in Progress Art Studio 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 Teresa Pennington incurs any of these types of expenses, I agree to reimburse Teresa Pennington.
I acknowledge that Teresa Pennington 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 Teresa Pennington.
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 exposure to dust or chemicals, facilities, temperature, wet floors, equipment failure or misuse, condition of participants, equipment malfunction, actions of others, including but not limited to, participants, volunteers, spectators, instructors, visitors, landlord(s).
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 Stacey McDonald 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 Teresa Pennington 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 Work in Progress Art Studio, its agents, volunteers 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 Teresa Pennington 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:
I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.
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