Join Makerspace Pinellas
Basic Membership – Liability Agreement
This implied consent liability agreement is a preliminary acknowledgement. Upon establishing membership, members will need to sign a printed copy of this agreement.
After carefully reading and understanding the following agreement, please fill in all applicable yellow highlighted areas and the signature block below.
For good and valuable consideration of the privileges of participation in MakerSpace, Inc. (“MakerSpace”), programs and use of MakerSpace facilities I, __________________________________, the undersigned participant (“Participant”), hereby voluntarily enter into this legally binding Adult Waiver of Liability and Appearance Agreement (“Agreement”). This Agreement is binding upon and inures to the benefit of the parties hereto, their applicable heirs, personal representatives, and assigns. This Agreement may not be assigned and may not be amended without mutual written consent of Participant and MakerSpace, singularly (a “Party”), collectively (the “Parties”).
CONSENT & WAIVER: I am fully aware of the unusual risks involved and hazards connected with activities, programs, classes, use of equipment and workshops in the MakerSpace facility (“Programs”). I hereby elect to voluntarily participate in Programs with full knowledge that Programs may be hazardous to me and my property. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE and AGREE TO INDEMNIFY AND HOLD HARMLESS MakerSpace, Inc., all persons acting on its behalf and their respective agents, together with its members, directors, officers, guests, managers, employees, volunteers, and any other person or entity having an interest in any facilities owned, operated, leased or used by MakerSpace (“Releases”), from all liability, claims, demands, losses or damages on my account, arising out of or connected with Programs, including any and all injury, disability, death, or loss to person or property caused or alleged to have been caused in whole or in part by the negligence of the Releasees or otherwise, and further agree that if, despite this release, anyone on my behalf makes a claim against any of the above Releasees, I WILL INDEMNIFY AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney fees, damage, or cost any Releasee may incur as a result of any such claim. Additionally, I consent and understand my appearance on CCTV footage, as necessary within the Makerspace Pinellas security system; related to incidents involving the loss of property, damage to property, and other incidents.
MEDICAL RELEASE AND AUTHORIZATION. Participant warrants that I am physically fit and able to participate in Programs and hereby authorize Releasee to seek medical attention, treatment, transport, or other measures on my behalf deemed necessary or advisable in the discretion or judgment of Releasee in the event of an accident, sudden illness, or other condition that occurs while I am engaged in any Program. While Releasee may attempt to contact the emergency contact listed below, such contact is not a condition of this medical release. Participant agrees to release the Releasees from any and all liability for such decisions or actions in seeking medical care, and agrees to pay the costs and fees for the medical care, treatment, and transportation authorized under this medical release and authorization.
PERSONAL RESPONSIBILITY. Participant further acknowledges and agrees that I take full responsibility to research, study and practice proper safety and use prior to participating in any Program. Participant further acknowledges that I am solely, personally responsible for my own safety when participating in Programs.
APPEARANCE AGREEMENT: I understand that MakerSpace may from time to time take photos and/or videos of Participants at its facilities. These photos or videos may be posted to MakerSpace’s website and/or social media pages, or may be used for other marketing, promotional, or educational purposes relating to MakerSpace programs. Therefore, I hereby assign, transfer and grant to MakerSpace, their successors, assignees, licenses, sponsors, and donors, the non-exclusive right to photograph and/or video myself and any of my works I bring to or create at a MakerSpace facility or Program, and to utilize such video and photographs and my name, face, likeness, voice and appearance as described above. I understand that I have the right to either ACCEPT or REJECT this Appearance Agreement by Initialing the appropriate line below.
ACCEPT APPEARANCE AGREEMENT (INITIALS) _________ REJECT APPEARANCE AGREEMENT (INITIALS) _________ ////
SEVERABILITY. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
DISPUTE RESOLUTION AND VENUE. If a dispute arises under this Agreement, the Parties agree to first negotiate in good faith to resolve the dispute within thirty (30) days from the date of written notice by either Party of the existence of such a dispute. If a resolution is not reached following thirty (30) days of good faith negotiation, the Parties shall submit to mediation under the authority of a qualified mediation authority in Pinellas County mutually agreed upon by both Parties, and such mediation fees shall be split by both Parties equally. If, and to the extent that, any such dispute has not been settled within thirty (30) days of the commencement of the mediation, either Party may choose to settle the controversy or claim only by legally binding arbitration in Pinellas County, Florida before a mutually agreed upon qualified arbitrator in lieu of judicial proceedings. The determination of the arbitrators will be conclusive and binding upon the Parties, and judgment upon the award rendered may be entered in accordance with applicable law in any court having jurisdiction. The prevailing Party shall be entitled to an award of reasonable attorney fees and costs. Any legal suit, action, or proceeding arising under, out of, or relating to this Agreement shall be instituted in Pinellas County, Florida. Each Party irrevocably submits to the jurisdiction of such courts in any such suit, action, or proceeding.
GOVERNING LAW. This Agreement and any disputes hereunder shall be governed by the laws of the state of Florida, except as they apply to conflicts of law. The Parties agree to comply with applicable laws and regulations, including U.S. Export Laws and Regulations, relating to the subject matter of this Agreement.