The WorkBench DIY Studios Inc.
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION AGREEMENT
In consideration of being permitted to participate in any way related to the use of any tools and various woodworking equipment, including any activities, related to items not listed at the WorkBench DIY Studios, Inc., I, the undersigned, for myself and for all my personal representatives, agents, assigns, heirs, and next of kin:
1. Acknowledge and agree that if at any time I believe the conditions of the Activities to be unsafe I will immediately discontinue any further participation in the Activities or notify an instructor of such considerations.
2. Fully understand that the Activities: (a) INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING, BUT NOT LIMITED TO, PERMANENT DISABILITY, PARALYSIS AND DEATH (the “Risks”); (b) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activities, the conditions in which the Activities take place, the conditions or set up of the Premises or thru the NEGLIGENCE of The Workbench DIY Studios, LLC or any of the Releasees (as defined below); (c) there may be other risks or social and economic losses either known, not known or not readily foreseeable at this time, and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR ALL LOSSES, COST AND DAMAGES that I incur as a result of my participation in the Activities.
3. HEREBY RELEASE, DISCHARGE AND COVENANT NOT TO SUE The WorkBench DIY Studios Inc., and their respective, owners, licensees, managers, officers, employees, contractors, volunteers, agents, successors and assigns, any other participants, any sponsors or advertisers, and the owner of the Premises where the Activities take place, Stillwater Development, LLC, an Illinois Limited Liability Company (all of the forgoing shall be referred to as the “Releasees”) from ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT WHETHER TO MY PERSON OR PROPERTY, CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE RELATED TO THE ACTIVITIES OR THE PREMISES, INCLUDING NEGLIGENT RESCUE OPERATIONS, WHICH I ACKNOWLEDGE MAY COMPOUND OR INCREASE. I FURTHER AGREE THAT IF DESPITE THIS AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES and their insurance carriers from any litigation expenses, fees including court and attorney, loss, liability, damage, or cost which Releasees may incur as a result of such claim. If I choose to drink alcohol, I understand there is a possible risk of injury to me while participating in a workshop at The WorkBench DIY Studios, Inc., whether caused by me or someone else, and I solely accept this risk of personal injury or damage to or loss of personal property, and I hereby release and waive any claims that I may have against The WorkBench DIY Studios Inc., Stillwater Development, LLC, and its employees, agents, or owners for any such alleged claim, injury, or damage. I am solely responsible for monitoring the amount I consume and that I agree not to consume alcohol in excess of my ability to perform the activities at The WorkBench DIY Studios, Inc.
BY CHECKING THE ACKNOWLEDGMENT BOX, I AM ACKNOWLEDGING THAT I HAVE READ THIS ENTIRE AGREEMENT, I FULLY UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN UP AND WAIVED SUBSTANTIAL RIGHTS. I AGREE THAT I AM DOING SO VOLUNTARILY AND FREELY WITHOUT INDUCEMENT, DURESS, OR ANY ASSURANCES OF ANY NATURE. I INTEND THIS AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND I AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE REMAINDER OF THE AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT, NOTWITHSTANDING ANY INVALID PORTION OF THIS AGREEMENT.
THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS; ANY DISPUTES ARISING OUT OF THIS AGREEMENT SHALL HAVE SOLE AND EXCLUSIVE JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS OF WILL COUNTY, ILLINOIS.
No further representations, statements, warranties or inducements, whether written or orally have been made apart from the forgoing written Agreement.