PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS RELEASE BY ADULT, INDIVIDUAL AND ON BEHALF OF ALL MINOR CHILDREN FROM RESPONSIBILITY FOR ALL NEGLIGENCE UPON ENTERING ONTO THESE PREMISES AND/OR BY PARTICIPATION IN THE SERVICES AND INDEMNITY AGREEMENT AND RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT.
1. Definitions. The person who is participating in a STEAM Education Centres Incorporated (“STEAM Centre”) Program, activities sponsored by or facilitated by STEAM, or making use of the STEAM Centre facilities, tools, and/or materials shall be referred to as “Participant”. The “Undersigned” means only the Participant when the Participant is 18 years of age or older, OR it means both the Participant and the Participant’s parents or legal guardian when the Participant is under the age of 18. “Released Parties” mean STEAM Centre, or any of its respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, and exhibitors.
2. Participation in a STEAM Centre Program, activities sponsored by or facilitated by STEAM, or use of the STEAM Centre. The Undersigned understands that his or her goal is to define a project and work with other participants and collaborators to exhibit his or her completed project (or evidence of accomplishments to that point). The Undersigned agrees to use the facilities, tools, and materials in a safe way, and to alert fellow participants, mentors, and/or program leaders when facilities, tools, and materials are being used in a way that could cause harm to themselves or others. The Undersigned will provide others with assistance or helpful feedback, should it be welcomed, when he or she sees a way in which a fellow participant’s project could be improved. The Undersigned agrees to tell program leaders of recommended changes to the program to improve future workshops.
3. Risk of Activity. The Undersigned agrees and understands that participation in a STEAM Centre Program, activities sponsored by or facilitated by STEAM, or use of the STEAM Centre is voluntary. The Undersigned acknowledges the risks of doing so. The risks and dangers of participation include, but are not limited to: property damage, personal injury, or death resulting from the use of potentially dangerous tools, materials, and/or the negligence of other Participants or employees of STEAM Centre. THE UNDERSIGNED ACKNOWLEDGES AND UNDERSTANDS THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATION AT THE STEAM CENTRE MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS.
4. Release, Indemnification & Assumption of Risk. In consideration of the Participant being permitted to participate in the Services, the undersigned agrees as follows:
(a) Release. THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE, OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them have, or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the STEAM Centre and activities sponsored by or facilitated by STEAM, including, but not limited to claims of negligence, breach of warranty, and/or breach of contract.
(b) Indemnification. The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liability, cost, expense or damage of any kind or nature whatsoever and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, Participants participation in the Services, including, but not limited to claims of negligence, breach of warranty, or breach of
(c) Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation at the STEAM Centre and activities sponsored by or facilitated by STEAM and that INJURIES AND/OR DEATH may result from participation, including, but not limited to the acts, omissions, representations, carelessness and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury and death are all possible while participating at the STEAM Centre. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE SERVICES AND VOLUNTARILY CHOOSE FOR THE PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE SERVICES, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.
5. Minor Acknowledgement. In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent, or legal guardian of a minor, the parent, or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Services by signing this.
6. Agreement without a parent, or legal guardian’s signature. The Participant, under the penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent, or legal guardian of a minor Participant, signing adults represent that they are the legal parent, or guardian of the minor Participant.
7. Medical Care. The Undersigned authorize the Released Parties and/or the authorized personnel to call for medical care for the Participant, or to transport the Participant to a medical facility, or hospital if, in the opinion of such personnel, medical attention is needed. The Undersigned agree to pay all costs associated with such medical care and related transportation.
8. Condition of Participation. The Undersigned understands that the STEAM Centre is relying upon this Assumption of Risk, Release of Liability & Indemnification Agreement as a condition to allow the Undersigned to participate in any and all STEAM Centre programming and activities sponsored by or facilitated by STEAM. and make use of its facilities. STEAM Centre reserves the right to cancel any participant’s participation in a program or membership for any reason. A prorated refund will be issued in this case.
I ACKNOWLEDGE THAT I HAVE READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. I UNDERSTAND AND AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.