WAIVER, RELEASE OF LIABILITY, AND ASSUMPTION OF RISK
In consideration of the work and environment of oval.bio and any affiliated companies, people as well as the building at 2032 Robert Browning St, Austin, Texas 78723, its users of spaces, I hereby agree to release, indemnify, and discharge all people and entities that I or my child or person I have legal guardianship over come(s) into contact with at 2032 Robert Browning St, Austin, Texas 78723 of liability, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as described below with respect to activities, including but not limited to events, classes, practice and preparation for those classes and events, at any location including but not limited to any location where such event occurs or where equipment for those classes and/or events is placed or is in use.
1. Acknowledgment of Risk
I acknowledge that my participation in an industrial, biological, chemical workshop environment entails risks unknown, anticipated, and/or unanticipated that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks cannot be eliminated without jeopardizing the essential and/or fundamental qualities of the activity. I assume those risks and release everyone and every entity at 2032 Robert Browning St of liability resulting from those risks. I understand and acknowledge that I am hereby relinquishing certain legal rights.
The risks include, among other things:
- Major and minor bodily injury
- Electrocution
- Exposure to harmful substances such as corrosive acids, poisonous chemicals and gases, strong alkaline materials
- Collision with objects
- Exposure to bacteria, viruses, fungus, intense radiation from lasers, UV light, electromagnetic, radio and other sources
- Illness
- Exposure to extremes of temperature and humidity
- Electrical arcs
- Injury by sharp objects
- Wrist, arm, neck, shoulder, and/or back injuries
- Slips and falls
- Falls from a great height
- Heavy falling objects
- Biologically hazardous organisms
Furthermore, I understand that everyone at 2032 Robert Browning St seeks safety, but it is not infallible. It might be unaware of a participant's fitness or abilities, it might misjudge the conditions, the current state of mind of a participant, or status of the area, and it may give inadequate warnings or instructions. I also understand that the equipment being used might malfunction. I expressly acknowledge, and promise to accept and assume all of these risks.
2. Understanding the Nature of the Space
I acknowledge, agree, and represent that I understand the nature of an industrial workshop space and that I am qualified, in good health, and in proper physical and mental condition to participate in such activity. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the activity.
3. Acceptance of Risks
I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
4. Waiver and Indemnification
This agreement applies to any negligence alleged: I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless anyone at 2032 Robert Browning St from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of anything at 2032 Robert Browning St equipment or facilities, including any claims which allege negligent acts or omissions by 2032 Robert Browning St.
5. Legal Costs
Should 2032 Robert Browning St or anyone acting on its 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.
6. Insurance
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical, mental, or physical condition I may have.
7. Legal Jurisdiction
In the event that I file a lawsuit against anyone, I agree to do so solely in the state of Texas, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against anyone at 2032 Robert Browning St on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understand it, and I agree to be bound by its terms.
