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Liability Form

Fairfield County Makers Guild

Release of Liability & Assumption of Risk
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Fairfield County Makers Guild

Assumption of Risk, Release of Liability, Waiver of Claims,
Covenant Not to Sue, and Indemnification Agreement

PLEASE READ CAREFULLY. This is a legally binding document. By signing, you acknowledge that you are waiving certain legal rights, including the right to sue.

Parties:

Fairfield County Makers Guild, Inc. ("FCMG"), a Connecticut nonprofit corporation, and its directors, officers, employees, volunteers, members, instructors, independent contractors, agents, partners, and affiliates (collectively, the "Released Parties"); and

The undersigned individual ("Participant," "I," or "me").

1. The Activities

This Agreement applies to all activities associated with FCMG, including but not limited to workshops, classes, tool trainings, open studio sessions, demonstrations, events, tours, storage access, and any use of FCMG facilities, tools, equipment, or materials, whether on-site or off-site (the "Activities").

2. Age Rules and Participation Categories

FCMG has strict age-based participation rules:

  • Participants: Individuals 14 years of age or older may actively participate in Activities only with appropriate authorization and supervision as determined by FCMG.
  • Observers: Individuals under 14 years of age are permitted only as observers and may not operate tools, machinery, or equipment, or handle hazardous materials.
  • Minors: Any individual under 18 years of age is considered a Minor and must have this Agreement signed by a parent or legal guardian.

Violation of age or participation rules may result in immediate removal.

3. Acknowledgment of Inherent Risks

I understand and acknowledge that Activities at a makerspace involve inherent and serious risks, including but not limited to:

  • Woodworking and Metalworking: saws, planers, jointers, lathes, grinders, sharp edges, flying debris, kickback, amputation.
  • Laser Cutting / CNC: high-power lasers, fire hazards, fumes, moving parts, eye damage.
  • 3D Printing: heated components, electrical hazards, fumes, mechanical movement.
  • Electronics: soldering irons, electrical shock, burns, fire risk.
  • Sewing and Textiles: needles, cutting tools, entanglement hazards.
  • General Risks: burns, cuts, crushing injuries, eye injuries, respiratory exposure, noise exposure, allergic reactions, slips, trips, falls.
  • Human Factors: actions or negligence of other participants, instructors, or observers.
  • Property Risks: damage to personal property, projects, or equipment.

I understand these risks cannot be eliminated even with safety rules and supervision.

4. Assumption of Risk

I voluntarily and knowingly assume all risks, known and unknown, foreseeable and unforeseeable, arising from or related to my (or my Minor child's) participation in the Activities, including risks arising from:

  • The condition of the premises.
  • The use or misuse of tools, equipment, or materials.
  • The actions or omissions of other participants or instructors.
  • The ordinary negligence of the Released Parties, including negligent supervision, negligent maintenance of equipment, or negligent instruction.

5. Safety Rules and Participant Responsibilities

I agree that I will (and will ensure my Minor child will):

  • Follow all written and verbal safety rules and instructions.
  • Use required personal protective equipment (PPE) at all times in designated areas.
  • Use tools only if trained, authorized, and supervised as required.
  • Never operate tools while impaired by alcohol, drugs, fatigue, or distraction.
  • Immediately report unsafe conditions, injuries, or near-misses.
  • Supervise Minor observers at all times and prevent them from engaging in prohibited activities. I acknowledge that FCMG staff are not childcare providers.
  • Prohibited Items: I agree not to use FCMG facilities to manufacture, modify, or assemble firearms, firearm components (including "ghost guns"), explosive devices, or any illegal items.

FCMG may suspend or terminate participation at its sole discretion for safety or policy reasons.

6. Release and Waiver of Liability (Including Ordinary Negligence)

To the fullest extent permitted by Connecticut law, I hereby release, waive, and forever discharge the Released Parties on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representatives, and estate, from any and all claims, demands, causes of action, damages, losses, or liabilities, whether known or unknown, arising out of or related to my participation in the Activities, including claims arising from the ordinary negligence of the Released Parties.

This release does not apply to gross negligence, recklessness, or intentional misconduct to the extent such claims cannot legally be waived.

7. Covenant Not to Sue

I agree that I will not initiate or maintain any lawsuit or claim against any Released Party for injuries, damages, or losses arising out of or related to the Activities, except as prohibited by applicable law, and I agree that this covenant limits the rights of my heirs and estate to sue.

8. Indemnification and Hold Harmless

I agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, liabilities, damages, costs, or expenses (including reasonable attorneys' fees) arising from:

  • My participation in the Activities.
  • My violation of safety rules or age-based participation limits.
  • Any claim brought by or on behalf of a Minor under my supervision.
  • My acts or omissions that cause injury or damage to others or property.

9. Medical Acknowledgment and Emergency Care

I affirm that I (and/or my Minor child) am physically and mentally capable of participating in the Activities. I understand FCMG does not provide medical care. In the event of an emergency, I authorize FCMG to obtain emergency medical treatment. I accept responsibility for all related costs and release the Released Parties from liability for providing or failing to provide such care, to the extent permitted by law.

10. Property and Projects

I understand that FCMG is not responsible for loss, theft, or damage to personal property or projects. Storage is provided at my own risk and subject to FCMG policies.

11. Photo and Media Release

I grant FCMG permission to photograph, record, and use my image or likeness (and that of my Minor child, if applicable) for nonprofit, educational, or promotional purposes without compensation.

12. Electronic Signatures

I agree that a facsimile, electronic, or digital signature on this Agreement is as valid and binding as an original handwritten signature. I consent to the use of electronic records and signatures for the purpose of this Agreement.

13. Governing Law; Venue

This Agreement shall be governed by the laws of the State of Connecticut. Any legal action shall be brought in a court of competent jurisdiction located within Connecticut.

14. Severability and Entire Agreement

If any provision of this Agreement is held unenforceable, the remaining provisions shall remain in full force and effect. This Agreement constitutes the entire understanding between the parties regarding liability and risk.

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