Flameworking Waiver

ELSIE KAYE GLASSWORKS - WAIVER AND RELEASE OF LIABILITY  
BY SIGNING THIS DOCUMENT I HEREBY WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO
SUE ELSIE KAYE GLASSWORKS, LLC, a Massachusetts Limited Liability Company, with a business address of 3 Union Street #2, Westborough, Massachusetts 01581 (“Elsie Kaye Glassworks Studio”).

1. In consideration of being able to participate in and/or attend workshops, classes, and/or activities at the Elsie Kaye Glassworks Studio (collectively, the “Activity”), I am submitting this release, waiver of liability and assumption of risk declaration voluntarily and of my own free will.

2. I have had no physical or emotional problems, nor any history thereof, which will impair my ability to participate in the Activity.

3. I acknowledge participating in the Activity entails risks associated with molten glass (±2000 ̊F), and/or metal, which could result in physical or emotional injury and damage/loss to me and to my I knowingly elect to participate in spite of these risks and I agree to EXPRESSLY ASSUME all other risks incident to the Activity, whether they are the result of my own actions, inactions, or negligence or that of others, whether known or unknown.

4. I hereby RELEASE ALL CLAIMS, including but not limited to, personal injury, property damage or destruction and death, whether caused by negligence, breach of contract or otherwise, and whether for bodily injury, property damage or loss or otherwise, which I may ever have against Elsie Kaye Glassworks Studio, its employees, assistants, volunteers, assigns or any other person or entity who is a participant in or promoter of the Activity as well as any supplier of materials and equipment employed in connection with my participation with the Activity.

 

5. I agree to not initiate any claim, lawsuit, court action, or other legal proceeding or demand against Elsie Kaye Glassworks Studio, its employees, assistants, volunteers, assigns or any other person or entity who is a participant in or promoter of the Activity, nor join or assist in the prosecution or any such claim for money or other damages which anyone may have, on account injuries (including death), losses, or damages sustained by me or other parties in connection with my participation in the Activity, and I waive any right I may have to do so. I waive my insurers’ right to make a claim against Elsie Kaye Glassworks Studio or any individuals involved in the Activity based on payments by insurers to me or on my behalf for any This means my insurers have no rights of subrogation against Elsie Kaye Glassworks Studio or any individuals involved with the Activity.
6. I agree to assume all financial responsibility for any medical, rescue or other expenses that I may incur or may be incurred on my behalf and agree to defend, hold harmless and indemnify Elsie Kaye Glassworks Studio, its employees, assistants, volunteers and assigns for any loss or damage, including attorneys’ fees, that they may suffer should I or anyone else on my behalf pursue an action or claim that is waived or barred by this release, waiver of liability and assumption of risk declaration or any other claim by or on behalf of me arising out of the Activity.

7. I agree to follow any and all instructions, recommendations, and cautions of Elsie Kaye Glassworks Studio at all times during the Activity, including, without limitation, with respect to the use of protective equipment. I will not conduct the Activity while under the influence of any alcohol or any intoxicant, narcotic, prescription medication, or other drug which would impact my ability to safely participate in the Activity.

8. This waiver, release and assumption of liability declaration shall be binding upon me, my heirs, executors and administrators.

9. It is my desire and intent that the words, terms, and provisions in this waiver, release and assumption of liability declaration be enforceable to the fullest extent permitted by law. If any portion of this waiver, release and assumption of liability declaration is held invalid, the remainder shall not be affected and shall continue in full legal force and effect.

10. I hereby grant Elsie Kaye Glassworks Studio, without limitation, the right to use my name and likeness in connection with the Activity for any publicity without further compensation or permission.

11. This waiver, release and assumption of liability shall be construed and interpreted as broadly as possible and governed by the laws of the Commonwealth of Massachusetts.

BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS PROVIDED HEREIN.
If the participant is under the age of eighteen, the participant’s parent or legal guardian must acknowledge and sign below.
I, the undersigned, as the parent or legal guardian of the participant named below, do hereby give my full consent and approval for the participant to take part in the Activity and acknowledge that this release, waiver of liability and assumption of risk declaration shall be effective and binding upon the participant.