RELEASE OF LIABILITY AND ASSUMPTION OF RISK
The individual named below (referred to as “I” or “me”) desires to participate in various activities (“Activities”) provided by the Omaha Maker Group, a Nebraska nonprofit corporation located at 8410 K Street #5, Omaha Nebraska 68127, (“Makerspace”). As lawful consideration for being permitted by the Makerspace to participate in the Activities, I agree to all the terms and conditions set forth in this agreement (“Agreement”).
The Activities at the Makerspace include but are not limited to: use of various hand tools, power tools, and electronically-controlled equipment; use of chemicals and laboratory equipment; use of electronics and electrical equipment; use of both Makerspace-purchased materials and materials donated to the Makerspace; and participation in both organized and informal events at the Makerspace.
I hereby agree to release, indemnify, and discharge the Makerspace on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
I am aware and understand that my participation in the Activities at the Makerspace entails both known and unanticipated risks that could result in severe physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential nature and qualities of the Activities.
The risks include but are not limited to: slips and falls; rope burns; injury of eyes, fingers, toes, ears, and nose; tool or equipment failure; improper lifting or carrying; burns from heat, flame, friction, or chemicals; injury from screwdrivers, wrenches, saws, blades, and all other hand and power tools on site; electric shocks or burns; molten metal burns; entanglement and crushing in machinery; flying debris; laser-induced blindness; killer robots run amok; malevolent artificial intelligences; a “gray goo” scenario.
I acknowledge and expressly agree and promise to accept and assume all of the risks existing in my participation in Activities at the Makerspace. I acknowledge that I have been notified of the dangers involved in the Activities. My participation in the Activities is purely voluntary, and I elect to participate despite the aforementioned dangers. I acknowledge it is my sole responsibility to familiarize myself with and undertake the necessary safety precautions required by the Activities.
I hereby voluntarily and expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against the Makerspace, and its officers, directors, employees, agents, affiliates, members, successors and assigns (collectively, “Releasees”), on account of injury, death or property damage in any way connected with my participation in the Activities or my use of the Makerspace, whether arising out of the negligence of the Makerspace or any Releasees or otherwise. I covenant not to make or bring any such claim against the Makerspace or any other Releasee, and forever release and discharge the Makerspace and all other Releasees from liability under such claims.
Should the Makerspace, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
I certify that I agree to cover costs of injury or damage related to the Activities myself, whether directly or through any applicable insurance. I further certify that I am willing to assume the risk of any previous or existing medical or physical conditions I may have.
This Agreement constitutes the sole and entire agreement of the Makerspace and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Makerspace and me and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Nebraska without giving effect to any choice or conflict of law provision or rule (whether of the State of Nebraska or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Douglas County, Nebraska and I hereby consent to the exclusive jurisdiction of such courts.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE MAKERSPACE. I acknowledge that I have had sufficient opportunity to read this entire document. I have read and understood it and agree to be bound by its terms. I acknowledge that I am not being compelled to sign by any hostile human or non-human intelligence.