General Use Form
ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT
THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ IT CAREFULLY BEFORE YOU SIGN.
No person will be admitted into any area of the Studio, besides the retail or restroom areas, without completing and turning in this Assumption Of Risk, Release Of Liability, Waiver Of Claims, And Indemnity Agreement ("The Agreement").
ASSUMPTION OF RISK
Ghost Pepper Glass Inc. or GPG (the "Company"), operates a glass blowing, flame working, glass fusing and cold working studio at 979 Springdale Rd. Ste.#100, Austin, TX 78702. The premises contain a furnace, torches, and/or kiln work areas. A separate work area contains flat wheels, lathes, wet cutting saw, drill press, industrial adhesives and glues (all of the areas of the building where the equipment is contained and glass crafting work of any kind is conducted will be referred to as the "Studio"). The accepting participant and, where the participant is under the age of 18, the accepting parent or guardian of participant on the behalf of the participant, for himself or herself:
1.Acknowledge that glass blowing, flame working, glass fusing and cold working involves certain inherent risks, dangers, and hazards which can result in personal injury, illness, death, property damage and other losses;
2.Freely agrees to assume and accept any and all such risks of personal injury, death, property damage, and loss associated with the Company, including risks arrising from my conduct (either as a participant or spectator), the design of the features of the Studio, the conduct of the Company and its members, directors, officers, shareholders, trustees, beneficiaries, employees, agents, representatives, independent contractors, sponsors, successors, assigns and the conduct of other participants; and
3.Acknowledges that the description of risks contained in this Agreement is not complete and that other unknown or unanticipated risks may result in personal injury, illness, death, property damage, or other losses and agree to assume and accept any and all risks, known or unknown, regardless if they are stated in this Agreement.
Glass blowing is not recommended for expecting mothers in the third trimester or for others who have particular sensitivities to heat. I acknowledge that I (and my child, if applicable) am not an expecting mother in my third trimester and do not have particular sensitivities to heat.
All participants or observers in the Studio MUST be over the age of six (6) unless otherwise stated. Glass blowing for kids (minimum age 6) experiences are limited in participation to only the blowing and expanding of the glass. When working with kids, there will be absolutely no handling of the pipe due to safety conditions.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT
In consideration for entry into and use of the Company's studio and equipment and any related training or guidance received, the accepting participant and, where participant is under the age of 18, the undersigned parent or guardian of participant on the behalf of the participant, hereby agrees that:
1. ENTERING THE STUDIO, EVEN IF JUST TO OBSERVE, AND USE OF ANY EQUIPMENT IN THE STUDIO WILL BE UNDERTAKEN AT THE PARTICIPANT'S OWN RISK AND THAT NEITHER GHOST PEPPER GLASS, IT'S MEMBERS, DIRECTORS, OFFICERS, SHAREHOLDERS, TRUSTEES, BENEFICIARIES, AGENTS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, SUBCONTRACTORS, SPONSORS, NOR ASSIGNS (COLLECTIVELY, THE "RELEASED PARTIES") WILL BE LIABLE FOR ANY INJURIES, DAMAGES, CLAIMS, DEMANDS, ACTIONS OR CAUSES OF ACTIONS WHATSOEVER MAY ARRISE OUT OF OR IN CONNECTION WITH PRESENCE IN OR USE OF THE STUDIO, WHETHER FROM ACTS OF ACTIVE OR PASSIVE NEGLIGENCE ON THE PART OF THE RELEASED PARTIES, ON THE PARTICIPANT'S PART, OR ON THE PART OF ANOTHER PARTICIPANT, AND PARTICIPANT DOES HEREBY FOREVER WAIVE ANY AND ALL CLAIMS THAT PARTICIPANT AND ANY PARENT OR GUARDIAN OR HEIRS OR ASSIGNS HAS OR MAY HAVE IN THE FUTURE AGAINST THE RELEASED PARTIES, AND AGREES TO DISCHARGE, INDEMNIFY, HOLD HARMLESS, AND WILL DEFEND THE RELEASED PARTIES FOR ANY SUCH INJURIES, DAMAGES, CLAIMS, DEMANDS, ACTION, OR CAUSES OF ACTION.
CHOICE OF LAW AND VENUE
This Agreement is goverend by the laws of the State of Texas. For any and all matters of dispute between the parties to this Agreement, whether arrising from the agreement itself or arrising from alleged extra-contractural facts prior to, during, or subsequent to the Agreement, including, without limitation, fraud, misrepresentation, negligence, or any other alleged tort or violation of the contract, the parties may bring any legal proceeding(s) only in the United States District Court for the Western District of Texas or, if there is no federal subject matter jurisdiction, in any state court in Texas sitting in Travis County, Texas, and each party hereby submits to the exclusive jurisdiction of those courts for purposes of any such proceeding. Each party hereby waives any claim that any legal proceeding (including any tort claim) has been brought in an inconvenient forum or that the venue of that proceeding is improper. THE PARTIES FURTHER AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARRISING FROM THE TERMS OF THIS AGREEMENT.
ENTIRE AGREEMENT AND SEVERABILITY
This Agreement constitutes the entire Agreement between the parties and supersedes any prior Agreement between the parties. If any section of this Agreement is declared invalid for any reason, the invalidity of that section will not affect the validity of any other section of this Agreement, and all other sections will remain in full force and effect. It is declared to be the intention of the parties that they would have executed all other sections of this Agreement without including any such parts, or portions that may for any reason, be herefafter declared invalid.
I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND I AM AWARE BY ACCEPTING THIS AGREEMENT THAT I AM WAIVING CERTAIN LEGAL RIGHTS, WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASED PARTIES.
By signing, I affirm that I am at least 18 years old or, if I am signing on behalf of a minor, I affirm that I am a parent or guardian of the minor and that I have legal capacity to contract on the behalf of the minor and to waive the legal rights outlined in this Agreement on behalf of the minor.
I verify that my child is at least six (6)yrs. of age, and I the parent or guardian of said minor, understand that I must accompany and supervise my child at all times while in the studio.