In consideration of my voluntary participation in CLASSES, WORKSHOPS, HAPPY HOURS, CAMPS and/or OPEN STUDIO TIME (collectively referred to as “the Activity”) hosted by MUDVILLE CLAY STUDIO LLC, an Oregon limited liability company (“Mudville”), I, for myself and on behalf of my heirs, assigns, and legal representatives, knowingly and voluntarily enter into this Waiver, Release of Liability & Assumption of Risk Agreement (the “Waiver”) and waive any and all rights, claims, damages, injuries, costs, expenses, liabilities, demands, or causes of action of any kind (collectively, “Claims”) arising out of my voluntary participation in the Activity, and release and forever discharge Mudville, its affiliates, managers, members, agents, teachers, staff, volunteers, legal representatives, and successors and assigns (“Released Parties”), from any and all Claims for any type of physical or psychological injury to me, any illness, any property damage, or any other physical, economic or emotional loss that I may suffer as a result of my participation in the Activity, including during travel to and from the Activity or a Mudville event related to the Activity.
I understand and agree that my release of liability extends to all wrongful acts of the Released Parties, including the negligence of same, to the maximum extent allowed under Oregon and applicable federal law.
I agree that Mudville, and its members, managers, employees, agents, and other Released Parties are not responsible for any errors, omissions, negligent acts or failure to act on behalf of any party or entity conducting the Activity or a specific event or activity on behalf of Mudville.
I agree to indemnify, defend, and promptly reimburse Mudville, and its members, managers, employees, and agents, for any and all claims, suits, damages, demands, costs (including reasonable attorney’s fees), expenses, liabilities, injuries, illnesses, or causes of actions of any kind related to my actions, omissions, or participation in the Activity.
I acknowledge that I am voluntarily participating in the Activity and am participating in the Activity entirely at my own risk. I am aware of and accept all risks associated with or in any way related to participation in the Activity. I understand that the risk of injury or illness may exist from my own or from other’s negligence, or from conditions related to the Activity, viruses or pandemics, air quality, or the location of the Activity. I UNDERSTAND THAT PARTICIPATION IN THE ACTIVITY MAY RESULT IN EXPOSURE TO SILICA. I further acknowledge and understand that breathing respirable silica can cause a potentially fatal lung disease called silicosis and has been linked with other diseases. Nonetheless, I assume all risks, both known and unknown to me, in my participation in the Activity.
I acknowledge that the Activity itself may involve a test of my physical and mental limits, and depending on the Activity, may carry with it certain risks and hazards, including the potential for death, serious injury, illness, or property loss. I further acknowledge the risks may include, but are not limited to, those caused by exposure to dust or chemicals, facilities, temperature, wet floors, use of equipment, equipment failure or misuse, lack of hydration, condition of participants, or the actions of others. I agree to conduct myself in a safe and prudent manner at all times during the Activity.