LIABILITY WAIVER & SAFETY
Ton Pottery, LLC operates a Pottery and Ceramics Studio with the use of machinery, chemicals and kiln work areas (the “Studio”). The undersigned participant and, where participant is under age 18, the undersigned parent or guardian of participant on behalf of the participant, for himself/herself and his/her respective heirs, next-of-kin, personal representatives, successors and assigns: (1) acknowledges that pottery class involves certain inherent risks, dangers, and hazards which can result in personal injury, death, property damage, and other losses; and (2) hereby freely agrees to assume and accept any and all such risks of personal injury, death, property damage and loss associated with the Studio, including risks arising from my conduct (either as a participant or spectator), the design of the features in the Studio, the conduct of Ton Pottery, LLC and its directors, officers, shareholders, trustees, beneficiaries, employees, agents, representatives, independent contractors, subcontractors, sponsors, successors and assigns, and the conduct of other participants.
All participants or observers in the studio must be over the age of 5 years. Pottery for Kids (ages 7 and younger) experiences are limited in participation to only clay play. In our Pottery for Kids (ages 7-13) there will be absolutely no handling chemicals or kilns (such as in our 13+ classes) due to safety precautions.
Pottery is not a dangerous occupation, but it does have both risks and dangers associated with it. These dangers and risks include but are not limited to:
• Electric shock can kill
• Hot parts can burn
• Fumes and gases can be hazardous
• Chemicals can burn eyes and skin
• Flying dust can injure eyes
• Muscle injuries
• Traumatic injury due to inherent dangers of working in studio
I the undersigned hereby acknowledge that I understand the dangers and risks inherent to metal working and waive all right to lawsuits or other legal or punitive action against Ton Pottery LLC, its owners, employees, or other associated persons. By signing I take full responsibility for my own actions and any accidental injury that I may experience in the course of my relationship with Ton Pottery LLC
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the use of the Studio, the undersigned participant and, where participant is under age 18, the undersigned parent or guardian of participant on behalf of the participant, hereby agrees:
1. To waive any and all claims that participant and any parent or guardian or heirs and assigns has or may in the future have against Ton Pottery, LLC and their directors, officers, shareholders, trustees, beneficiaries, employees, agents, representatives, independent contractors, subcontractors, sponsors, successors and assigns (all of whom are hereinafter collectively referred to as “the Release-es’”) and to release the Release-es from any and all liability for any loss, damage, expense or injury including death that the participant and any parent or guardian or heirs and assigns may suffer, resulting from or arising out of any aspect of the participant’s use of the Studio, due to any cause whatsoever, including negligence;
2. To hold harmless and indemnify the Release-es from any and all claims and liability arising out of or in connection with the participant’s use of the Studio, and for any damage to property of or personal injury to any third party, resulting from the participant’s use of the Studio.
CONSENT TO MEDICAL TREATMENT
The undersigned hereby authorizes Ton Pottery, LLC to obtain emergency medical attention and treatment on behalf of myself or my minor child in case of sickness, accident or injury and to secure such medical attention and treatment at my sole expense. The undersigned recognizes that it may be required to transport my minor child to the nearest medical treatment facility based upon his/her age even though the condition may not warrant it.
PERMISSION TO USE IMAGES AND OTHER MEDIA
The undersigned also grants Ton Pottery, LLC and any third party authorized by Ton Pottery, LLC the right to film, videotape, photograph, record, and/or make any reproductions of me or my minor child’s likeness and voice that are captured within the open and public areas of the Studio. The undersigned further grants Ton Pottery, LLC the right to use, display, and digitally enhance or alter in any manner, such likeness in any media including but not limited to television, cable, radio or internet, in any motion picture film, videotape, DVD, CD or any published article without giving compensation, attribution, or notice to the participant.
CHOICE OF LAW AND VENUE
This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws in the state of Pennsylvania and no other jurisdiction. Any litigation involving the parties to this Agreement shall be brought solely within Allegheny County, Pennsylvania and shall be within the exclusive jurisdiction of the Courts of Allegheny County, Pennsylvania.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AM AWARE THAT BYSIGNING THIS
AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS, WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASE-ES