I, for myself and/or as parent/guardian for the minor child Student named above (if applicable), hereby authorize the Student to participate in classes, workshops and related activities (collectively called the "Program") at Community Kiln, a program of SMOC.
This is a legally binding Consent and Release Agreement (this "Release"), made voluntarily by me, the undersigned with informed consent, and in consideration of the permission of the above named Student to participate in the Program and use the facilities at Community Kiln, a program of SMOC, I for myself and for my minor child Student (if applicable) hereby RELEASE, WAIVE, and DISCHARGE Community Kiln and SMOC, its directors, trustees, employees, officers and agents, including without limitation its teachers and staff, and each of their heirs, successors and assigns (collectively, "Releasees") from any and all liability for any and all loss, injury, cost or damage, and any claim or demands therefor on account of injury to person or property or resulting in the death of the Student arising out of or related to the Program or while at Community Kiln or SMOC facilities, whether caused by the negligence of any of the Releasees, the Student or otherwise (collectively "Damages"). In addition, I COVENANT NOT TO SUE any of the Releasees based upon any claim arising out of or in connection with Student's participation in the Program or while at Community Kiln or SMOC facilities.
I ASSUME FULL RESPONSIBILITY FOR any Damages arising out of or related to the Student's participation in the Program whether caused by the negligence of Releasees or otherwise. I acknowledge that I am freely and expressly assuming and accepting any and all risk of Damages in connection with the Student's use of Community Kiln's facilities and participation in the Program.
I AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them from (i) any claims, liabilities or Damages that the Student may cause to persons or property during the Student's participation in the Program or while using the Community Kiln or SMOC facilities, and (ii) from any Damages they may incur due to claims brought against the Releasees arising out of the Student's participation in the Program whether caused by the negligence of the Releasees or otherwise. This includes, but is not limited to, any and all claims for Damages that may in any way arise out of use of the Community Kiln's or SMOC's facilities, equipment, tools, or materials, or those tools or materials brought or provided by the Student or other students.
I UNDERSTAND AND ACKNOWLEDGE that there could be special risks associated with participation in the Program, depending on its nature, since Student may work with (if used) or have access to potentially dangerous artistic tools, equipment, materials and supplies including, but not limited, high heat kilns, paints, glazes, stains, oxides, scissors, pin tools, metal ribs, and other art supplies or tools. I understand and acknowledge that some art tools, equipment, materials or supplies used in the Program could cause Damages. I further understand that Community Kiln and SMOC cannot provide an allergy-free environment, and assume all risks as such of Student's participation in the Program.
USE OF PHOTOS, VIDEOS, AND IMAGES I understand that from time to time Community Kiln and SMOC produces promotional material relating to its programs. Without additional compensation, I, for myself or my minor child Student (if applicable) hereby assign, transfer and grant without reservations or limitations Community Kiln and SMOC, its successors, assignees and licensees the exclusive right to take photographs and videos of me or my minor child Student participating in the Program to use for Community Kiln's or SMOC's business purposes and to use the Student's voice, likeness and biographical material (but not name or address) about the Student in connection with the advertising and promotion of the Program, for both broadcast and non-broadcast purposes in all media, including video, print and online, in such manner and at such times as Community Kiln or SMOC in its sole discretion, may deem appropriate or desirable, provided that such use relates to the Student's status as a participant in the Program. I, for myself or my minor child Student (if applicable) hereby waive all right of inspection and release Community Kiln or SMOC from any and all liability arising out of any such use of the Student's voice, likeness and/or biographical material about the Student for purposes set forth herein.
Initial here if you do not want to permit the use of Student photos, videos and images according to the above, please call the office to register at tel. 508-620-2667.
MEDICAL EMERGENCIES In the event that the Student needs first aid or emergency medical treatment as a result of an accident, illness, or other health condition or injury, I, for myself or my minor child Student (if applicable), hereby authorize and consent to the Student's transportation to a medical provider or facility at the sole discretion of Community Kiln or SMOC staff. I absolutely and unconditionally agree to indemnify and to hold Community Kiln and SMOC harmless from all liability, costs, charges, and fees in connection therewith, or any Damages resulting therefrom.
This Consent and Release Agreement is governed in accordance with the laws of the Commonwealth of Massachusetts without regard to its choice of law provisions. Any action or proceeding arising out of or related to this Release shall be brought only in the state or federal courts in Boston, Massachusetts. In the event that any provision in this Release is held to be invalid, illegal or unenforceable in any respect, the remaining provisions shall be given full force and effect. I, FOR MYSELF OR FOR MY MINOR CHILD STUDENT (IF APPLICABLE), ACKNOWLEDGE THAT I HAVE READ THIS RELEASE AND WAIVER AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I FOR MYSELF AND FOR MY MINOR CHILD STUDENT (IF APPLICABLE) HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. If I or my minor child are taking more than one class at Community Kiln at this time, or take another class(es) in the future, this form will apply to participation in such other class(es) unless a new form is subsequently signed and submitted.