WORKSHOP LIABILITY WAIVER
All participants in our Workshops must accept the inherent risks of participating in a hands-on, physical workshop in an active craft space. The liability waiver that you must sign in order to participate in a Workshop describes in more detail the risks you assume by participating in a workshop. If you are taking a Workshop, please carefully review our Liability Release & Waiver and complete the electronic form below.
If you prefer to print and sign a paper copy, you can access a PDF copy of the waiver here.
AGREEMENT TO ASSUME ALL RISKS; RELEASE OF LIABILITY/ AGREEMENT NOT TO SUE & TO INDEMNIFY
Please read this contract carefully.
It releases Cracked Pots Inc., d.b.a. ReClaim It from liability and waives certain rights.
In consideration of being permitted to participate in classes or workshops with Cracked Pots Inc., d.b.a. ReClaim It, (“ReClaim It”), I, the Participant, (or if the Participant is under the age of 18, I, on the Participant’s behalf) understand, acknowledge, and contractually agree as set forth below (the Agreement):
1. Acknowledgement of Dangers and Risks: I understand, acknowledge, and agree that participating in classes or workshops, at ReClaim It (hereinafter the “Activity”), can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH. I understand, acknowledge, and agree that participating in the Activity involves certain inherent dangers and risks that cannot be eliminated or controlled by ReClaim It, the presence of which are integral to the adventurous nature of the Activity. I understand and agree that the following list of inherent dangers and risks that could cause physical or emotional injury or death is not exhaustive – there are many other dangers or risks associated with the Activity not listed below: exposure to and burns from boiling water, propane flame and hot tools and hot pots; exposure to toxic and poisonous chemicals; exposure to dust from pigments, mordants, and charcoal; exposure to plant materials resulting in allergic reactions; cuts, punctures, jabs, and all manner of injuries caused by wood carving tools and equipment, hand tools, scissors, shears, wire snips, and sewing needles; machine or equipment malfunction or failure; slipping, tripping or falling; mentally or physically unstable or criminal participants; negligence by participants; exposure to pathogens, virus, or disease, including but not limited to contraction of Covid-19; errors in instructor judgment or lapse in instructor skill; and mental, physical, or emotional injury or distress from exposure to any of the above. I understand that ReClaim It has done its best to list the known risks of participating in the Activity, but agree that I have the right, obligation, and opportunity to research and verify the risks of participating in the Activity.
2. Assumption of Risk: I acknowledge and agree that I am choosing to take part in the Activity despite the dangers and risks of doing so, and freely choose to accept the risks of participating in the Activity. I recognize that property loss, physical or emotional injury, and death are all possible while participating in the Activity. I expressly acknowledge and assume all inherent risks, dangers, and consequences of the Activity, including but not limited to those risks, dangers, and consequences set forth in paragraph 1 above, that may result in physical or emotional injury, property damage, or death.
3. Participant’s Responsibilities and Representations: I represent that I am physically and mentally capable of participating in the Activity. I understand the importance of all safety instructions given to me, whether in writing or verbally, and agree to follow all instructor instructions at all times while engaging in the Activity. Further, I represent that I have had the opportunity to both independently research and discuss with ReClaim It the risks of participating in the Activity and my assumption of those risks. I have been informed of and understand the expectations of me while engaging in the Activity. I specifically and expressly agree that I have full responsibility for managing and treating any health conditions to prevent injury to myself or others. I am not relying on any prior oral, written, or visual representations made by ReClaim It, including in any website or promotional materials, to induce me to participate in the Activity.
4. Release of Liability and Agreement Not to Sue: Fully understanding the foregoing paragraphs, and in exchange for ReClaim It's agreement to allow the Participant to participate in the Activity, I HEREBY AGREE NOT TO SUE CRACKED POTS, INC., D.B.A. RECLAIM IT–its affiliated companies and subsidiaries, or any of its respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, contractors, volunteers, representatives, assignees, members, managers, officers, directors, and shareholders (each hereinafter a “Released Party”) for any property damage (including but not limited to equipment damage), injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of Participant’s participation in the Activity. By signing this Agreement Not to Sue, I am releasing any right to make a claim or file a lawsuit against any Released Party. I agree to hold harmless and release each and every Released Party from any and all liability and/or claims or causes of action for injury or death to persons or damage to property arising from Participant’s participation in the Activity, INCLUDING, BUT NOT LIMITED TO THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE or breach of any contract and/or express or implied warranty (but not gross negligence or intentional conduct).
5. Agreement to Indemnify: I agree to INDEMNIFY (REIMBURSE) each Released Party from and for any and all claims of the Undersigned and/or a third party arising in whole or in part from Participant’s participation in the Activity. In other words, if Participant and/or anyone on Participant’s behalf files any lawsuit or brings any claim for injury or damage against released parties, undersigned will be required to pay back to the released parties all sums of money incurred by, or paid by or on behalf of any of the released parties on account of the bringing of such suit or claim, including all attorneys fees and costs.
6. Representation of Capacity to Contract, and Acknowledgement That Agreement is a Binding Contract: I represent that I am at least 18 years of age, and that I have the capacity to understand and be bound by all of the provisions of this Agreement. I understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. It is my intent that this Agreement shall be binding upon my assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives, and those of the Participant.
7. Agreement to Application of Oregon Law and Selection of Forum: I agree that any and all claims for injury and/or death arising from my participation in the Activity shall be governed by Oregon law, and that the exclusive jurisdiction for any claim shall be in the Multnomah County Oregon Circuit Court, without regard to where the incident giving rise to any lawsuit occurs, and without regard to any jurisdiction’s conflicts of laws analysis.
8. Miscellaneous Provisions: I agree that ReClaim It may utilize my photograph, or video of me participating in the Activity for any purpose, and that any such image is the property of ReClaim It. If any sentence, clause, paragraph or part of this Agreement is declared unenforceable, the remainder shall continue in full force and effect. This Agreement can be modified only in writing. An electronic signature or acknowledgment of agreement upon this contract is fully binding and enforceable, and a copy of this executed Agreement may be used as if it is the original.
I HAVE CAREFULLY READ THE FOREGOING AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OR MY MINOR CHILD MAY OTHERWISE HAVE. I AGREE TO BE FULLY BOUND BY THE TERMS OF THIS AGREEMENT.
