Required for all visitors and members before using the space.
Welcome to Cherokee Makerspace ("CMI"). Our mission is to provide a safe, welcoming, and collaborative environment where people of all experience levels can learn, build, create, and share knowledge. Many of the tools and activities available at the Makerspace involve inherent risks that cannot be completely eliminated. To help protect everyone who uses the facility, we ask all visitors and members to understand those risks, follow our safety requirements, and use the Makerspace responsibly.
This document includes a Release of Liability that releases CMI and certain related persons and organizations from liability for personal injuries and other losses arising from participation in Makerspace activities. Please read it carefully before signing.
Cherokee Makerspace ("CMI") allows patrons to access and use its Makerspace facilities and equipment, as described below. Use of the Makerspace facilities and equipment is optional and for recreation, education, and self-improvement.
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 using the Makerspace facilities and equipment. Please read carefully.
By signing below, I agree that I am responsible for my safety and actions while using CMI's facilities.
I agree to use Makerspace tools, equipment, and materials safely and in accordance with CMI policies, posted rules, and instructions provided by authorized volunteers, instructors, committee members, or staff.
I agree to wear personal protective equipment appropriate for each activity, as required by CMI policies or the nature of the work being performed.
I understand that CMI may make personal protective equipment available for convenience, but I acknowledge that I remain solely responsible for determining whether such equipment is appropriate, fits properly, is in safe condition, and is adequate for my intended use.
I understand that some tools and equipment — including laser cutters, 3D printers, the CNC router, the CNC plasma cutter, the milling machine, the metal lathe, and waterjet cutting — require successful completion of CMI's required training and authorization before independent use. I agree not to use Makerspace tools or equipment without the necessary training and authorization. Where direct supervision is specifically required, I agree to comply with those requirements.
I agree not to operate equipment while impaired by alcohol, recreational drugs, medication, fatigue, illness, or any other condition that may impair safe judgment or operation.
I agree to comply with all CMI policies, guidelines, posted safety rules, signage, and instructions. I also agree to comply promptly with directions given by CMI volunteers, instructors, officers, or other authorized representatives regarding safety or operation of the Makerspace.
I agree that I am responsible for paying any applicable fees for using Makerspace facilities, tools, equipment, or materials, and for any damage, loss, or extraordinary clean-up caused by my use.
Because the Makerspace is a shared community workspace, I recognize that confidentiality cannot be promised. I understand that I am responsible for properly monitoring and labeling anything I bring into the Makerspace, and that CMI is not responsible for any lost, stolen, or damaged property.
I understand that my use of the Makerspace facilities, tools, equipment, and materials is entirely voluntary.
I recognize 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 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 insufficient maintenance or repair, training, instructions, supervision, first aid and medical treatment, or safety gear, including risks that are known, unknown, foreseeable, or unforeseeable.
I KNOWINGLY AND VOLUNTARILY 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 ARISING FROM THE INHERENT NATURE OF THE ACTIVITY, THE ACTIONS OF OTHER PARTICIPANTS, OR THE ORDINARY NEGLIGENCE OF CMI OR OTHERS, TO THE FULLEST EXTENT PERMITTED BY GEORGIA LAW.
With full knowledge 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 release and agree to indemnify, defend, and hold harmless CMI, its Board of Trustees, and all organizations related to CMI, including AJC Holdings, LLC, and CMI's 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 that may be sought in any such claims. This Release and Indemnification is intended to have the scope and effect permitted by applicable law.
I further agree to indemnify, defend, and hold harmless the Released Parties from claims brought by third parties arising from my own actions, omissions, or misuse of Makerspace facilities or equipment, to the extent permitted by applicable law.
Nothing in this Waiver is intended to release liability that cannot legally be released under applicable law.
If I become injured or ill while involved in Makerspace activities, I 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. This same authorization extends to any minor(s) listed with this signature, in the event a parent or guardian cannot be promptly reached.
I grant permission to CMI to use photographs and video recordings of me, and of any listed minor for whom I am authorized to sign, taken during Makerspace activities or events for educational, historical, promotional, or community communications, including print publications, websites, and social media.
I agree to wear appropriate personal protective equipment for each task, which may include suitable footwear, clothing, eye protection, hearing protection, respiratory protection, gloves, or other safety equipment as appropriate.
If I am or become a Cherokee Makerspace member, I agree to comply with CMI's Membership Terms, Code of Conduct, safety policies, and other published operational requirements, as amended from time to time and are incorporated into this Agreement by reference. Visitors who are not members likewise agree to comply with all applicable safety rules and instructions while using the Makerspace.
Any minor listed with this signature is my dependent or is otherwise under my legal authority to participate. All minors must remain under the supervision of a parent, legal guardian, or the responsible mentor or instructor of the team, class, or program they are attending.
On behalf of each listed minor, I acknowledge the risks described in this Waiver and agree to the Assumption of Risk and Release of Liability to the fullest extent permitted by law.
By signing below, I acknowledge and represent that I have carefully read the preceding Waiver of Liability, understand its contents, have had the opportunity to ask questions, and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in Section 3; I am sufficiently informed about the risks involved in using CMI's Makerspace to decide whether to sign this document; no oral representations, statements, or inducements, apart from this 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 provision hereof is found to be unenforceable, the remaining provisions shall remain in full force and effect, and any unenforceable provision shall be reformed only to the minimum extent necessary to make it enforceable under applicable law.