Participant Waiver, Release of Liability, and Assumption of Risk Agreement

Heritage Designs

Participant Waiver, Release of Liability, and Assumption of Risk Agreement

 

This Participant Waiver, Release of Liability, and Assumption of Risk Agreement (“Agreement”) is entered into by the undersigned individual (“Participant”) in favor of Heritage Designs, a sole proprietorship operated out of a private residence in the State of Minnesota, together with its owners, agents, instructors, employees, volunteers, affiliates, successors, and assigns (collectively, the “Released Parties”). By signing this Agreement, Participant acknowledges and agrees to the following terms:

1. Acknowledgment of Activities and Risks

Participant understands that the activities conducted by Heritage Designs include, but are not limited to, knife-making, jewelry fabrication, forging, metalworking, woodworking, and related artistic or educational instruction (collectively, the “Activities”).

Participant acknowledges that the Activities involve inherent risks and hazards, which may include:

·         Contact with heated metal, open flames, sharp or heavy tools, machinery, and power equipment;

·         Exposure to chemicals, fumes, dust, or other airborne materials;

·         Noise exposure;

·         Risk of cuts, burns, eye injuries, hearing loss, allergic reactions, or other physical harm; and

·         Risks arising from acts or omissions of other participants, equipment malfunction, or conditions of the premises.

Participant freely and voluntarily assumes all risks of injury, illness, damage, or loss, whether known or unknown, even if arising from the negligence of the Released Parties.

2. Release and Waiver of Liability

In consideration for being permitted to participate in the Activities or to be present on the premises, Participant hereby releases, waives, discharges, and covenants not to sue the Released Parties from any and all claims, demands, damages, causes of action, or liability of any kind whatsoever—whether in law or equity—arising out of or related to any injury, disability, death, or property damage sustained by Participant, whether caused by the negligence of the Released Parties or otherwise, to the fullest extent permitted by law.

3. Indemnification and Hold Harmless

Participant agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all losses, claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to Participant’s participation in the Activities or presence on the premises, whether caused by Participant’s own negligence or otherwise.

4. Medical Treatment and Emergency Response

Participant authorizes the Released Parties to obtain medical assistance, first aid, or emergency services deemed necessary in the event of injury or illness and agrees to assume full financial responsibility for any resulting expenses.

5. Participant’s Representations

Participant represents and warrants that:

·         Participant is in good health and physically capable of safely participating in the Activities;

·         Participant will comply with all safety rules, instructions, and requirements provided by Heritage Designs and its instructors; and

·         Participant will wear appropriate clothing and protective equipment as required.

Heritage Designs reserves the right to remove any Participant who fails to comply with safety standards or instructions, without refund.

6. Photography, Video, and Media Release

Participant consents and grants Heritage Designs the irrevocable right and permission to photograph, film, or otherwise record Participant during the Activities and to use such images or recordings for promotional, advertising, or educational purposes, in any medium, without compensation.

7. Minors

If the Participant is under eighteen (18) years of age, this Agreement must be signed by a parent or legal guardian, who hereby consents to the minor’s participation and agrees to all terms herein on the minor’s behalf.

8. Governing Law and Venue

This Agreement shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without regard to its conflict-of-law principles. Any legal action arising under or relating to this Agreement shall be brought exclusively in the courts of Anoka County, Minnesota.

9. Severability

If any term or provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10. Acknowledgment of Understanding

Participant has carefully read this Agreement, fully understands its contents, and voluntarily signs it as a legally binding release of liability. Participant acknowledges that they are giving up substantial legal rights, including the right to sue, and signs this Agreement freely and voluntarily.

Participant Name: ____________________________________________________________________________________

Signature: _______________________________________________________    Date: _____________________________

Parent/Guardian Name (if under 18): ______________________________________________________________

Signature: _______________________________________________________    Date: _____________________________

Heritage Designs

Private Studio & Forge – Oak Grove, Minnesota

Email: hello@heritagedesignsjewelry.com   Phone: (906) 869-6058

© Heritage Designs – All Rights Reserved