The Cherokee Makerspace Inc. (CMI) provides patrons with the opportunity to access and use its Makerspace facilities and equipment, as described in more detail below. The patron use of the Makerspace facilities and equipment is entirely optional and voluntary and is for purposes of recreation, education, and/or self-improvement.Please note that this document includes a Release of Liability that releases CMI and others related to it from liability for personal injuries and other losses resulting from the use of the Makerspace facilities and equipment. Please read carefully.
I agree that I am personally responsible for my safety and actions while using CMI’s facilities. I agree to use the Makerspace tools, equipment, and materials in a safe way, and to utilize safety gear appropriate for each task in which I engage in. I agree to bring my own safety gear such as gloves, safety glasses and other safety gears that may be prescribed.
I am aware that there will be tools that require training and supervision prior to use. I agree to first notify the CMI’s designated committee member(s) in charge of each specialized function such as metalworking, 3d printing, woodworking, etc. Further, I agree not to use any Makerspace tools or equipment without the necessary training and supervision.
I agree to comply with all CMI policies, guidelines, and instructions. I agree that I shall be responsible to pay any applicable fees for use of Makerspace facilities, tools, equipment, or materials, and for any and all damage, loss, or clean-up caused by my use of the same. Because the Makerspace is open for use by other individuals, I recognize that confidentiality is not and cannot be promised. I understand that I am responsible for properly monitoring and labeling anything I bring into the Makerspace and that the CMI is not responsible for any lost, damaged, or stolen property.
I recognize and agree that my use of the Makerspace facilities, tools, equipment, and materials is entirely optional and voluntary. I further understand and agree that such use involves various inherent hazards, dangers, and risks, including without limitation, and only by way of example, the risk of trips, slips and falls; cuts, broken bones, burns, and other wounds to hands, head, feet, eyes and other body parts; serious personal injury and illness, paralysis, permanent disability, and even possibly death; electrical shock; impalement; exposure to dust, fumes, smoke, noise, and vibrations; and accidents due to the negligence of other users or CMI’s members or vendors, or due to defective or inadequate facilities, equipment, tools, machinery, materials, or due to inadequate maintenance or repair, training, instructions, supervision, first aid and medical treatment, or safety gear. I ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, THAT I MAY SUSTAIN, OR ANY LOSS OR DAMAGE OF PROPERTY I OWN, AS A RESULT OF BEING ENGAGED IN SUCH ACTIVITY, WHETHER CAUSED BY THE NEGLIGENCE OF CMI, ITS MEMBERS OR OTHERWISE.
With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby releases and agrees to indemnify, defend and hold harmless CMI, its Board of Trustees, and all organizations related to CMI and its related organizations, affiliates, directors, officers, trustees, employees, volunteers, contractors, agents, representatives and successors and assigns (the “Released Parties”) from any and all costs, expenses, damages, claims, demands, lawsuits, judgments, losses, and/or liabilities (including attorney fees), and causes of action that may arise from or could be made against or incurred by the Released Parties or any of them with respect to any and all property damage, economic loss, medical expense, personal care expense, disability, disease, personal injury or illness whether physical or mental in nature, and/or death, whether caused by negligence of CMI and its members or otherwise. This Release and Indemnification includes all damages, costs, expenses, attorney’s fees and economic or other losses which may be sought in any such claims. This Release and Indemnification are intended to have the scope and effect permitted by applicable law.
If I become injured or ill while involved in Makerspace Activities, I hereby authorize CMI and its employees, volunteers, agents, and representatives to obtain and consent to, on my behalf, medical care, including without limitation medical treatment, hospitalization, ambulance transportation, anesthesia, and X-ray and other exams and tests. I agree to pay all costs of such medical care and transportation.
By using the space or attending our classes or events, you consent to Cherokee Makerspace having full, unrestricted use over any media (digital or print) taken during those activities by us or on our behalf in which your image appears or any of your materials or projects, either brought in or created/generated in the space.
By entering the CMI premises, or attending our events or classes, I acknowledge and represent that I have read the foregoing Waiver of Liability, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in Section 4; I am sufficiently informed about the risks involved in using the CMI’s Makerspace to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Waiver of Liability shall be governed by and construed in accordance with Georgia law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Waiver of Liability as a whole.