Kre8Now Makerspace liability waiver
Safety and conditions of use
I agree that I am personally responsible for my safety and actions while visiting Kre8Now Makerspace. I agree to use the facilities, tools, equipment, and materials in a safe way, and to utilize safety gear appropriate for each task in which I engage. If I need to do something that may be dangerous, I will first consult with Kre8Now Makespace personnel. If I have any questions as to the proper or safe use of any tool, equipment, or material, I will not use the same until I have consulted with Center personnel. Further, I will not use any Kre8Now Makespace tools or equipment that require prior certification (e.g., CNC machine, bandsaw, etc.) unless I have first received such certification from Kre8Now Makespace personnel. I will comply with all Kre8Now Makespace policies and rules, including but not limited to all Kre8Now Makespace policies, guidelines, signage, and instructions. I agree that I shall be responsible to pay any applicable fees for use of Kre8Now Makespace facilities, tools, equipment, or materials, and for any and all damage, loss, or clean-up caused by my use of the same. Because the Kre8Now Makespace is open for use by other individuals, I recognize that confidentiality is not and cannot be promised. I understand that I am responsible for properly monitoring and labelling anything I bring into the Kre8Now Makespace, and that the Kre8Now Makespace is not responsible for any lost, damaged, or stolen property.
Assumption of the risk
I recognize and agree that my use of the Kre8Now Makespace facilities, tools, equipment, and materials is entirely optional and voluntary. I further understand and agree that such use involves various inherent hazards, dangers, and risks, including without limitation, and only by way of example, the risk of trips, slips and falls; cuts, broken bones, burns, and other wounds to hands, head, feet, eyes and other body parts; serious personal injury and illness, paralysis, permanent disability, and even possibly death; electrical shock; impalement; exposure to dust, fumes, smoke, noise, and vibrations; and accidents due to negligence of other users or Kre8Now Makespace personnel or vendors, or due to defective or inadequate facilities, equipment, tools, machinery, materials, or due to inadequate maintenance or repair, training, instructions, supervision, first aid and medical treatment, or safety gear. I ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, THAT I MAY SUSTAIN, OR ANY LOSS OR DAMAGE OF PROPERTY I OWN, AS A RESULT OF BEING ENGAGED IN SUCH ACTIVITY, WHETHER CAUSED BY THE NEGLIGENCE OF THE KRE8NOW MAKERSPACE OR OTHERWISE.
Release of liability
With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue the Kre8Now Makespace, its board members, officers, agents, servants, independent contractors, affiliates, employees, successors, and assigns (collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or any of the property belonging to me, whether caused by the negligence of the Released Parties, any third-party using the Kre8Now Makespace, or otherwise, while participating in any activity while in, on, or around the Kre8Now Makespace and/or while using any Kre8Now Makespace facilities, tools, equipment, or materials.
I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, property damage, loss of use, monetary loss, or any other injury from or related to my use of the Kre8Now Makespace facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise.
By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in Sections 3 and 4; I am sufficiently informed about the risks involved in using the Kre8Now Makespace to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with Kentucky law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole.