Please read and agree to the terms below.
This release and waiver of liability executed by (the Student/Parent) of Easthampton Clay, LLC (“the studio”), a limited liability company and ceramics studio as well as Easthampton Clay’s directors, officers, agents, employees, contractors and subcontractors and their respective successors and assigns (the “Released Parties”). Student/Parent desires to be a Student/Parent at Easthampton Clay and desires to participate in the activities related to being an Easthampton Clay Student/Parent. Student/Parent understands that covered activities include any activity the Student engages in while on Studio premises, whether related to ceramics work or not. Covered activities include, but are not limited to, working with clay, glazes, pottery wheels, slab rollers, extruders, pottery making tools and other materials found at the studio. Covered activities also include attending classes, workshops, exhibitions, open studio time or socializing with other students on the premises. Student/Parent with full knowledge of his or her rights does hereby freely, voluntarily and without duress execute this Waiver and Release under the following terms:
Waiver and Release:
Student/Parent does hereby release and forever discharge and hold harmless the Released Parties from any and all liability, claims, damages, and demands of whatever kind or nature, either in law or equity, which arise or may hereafter arise from Student/Parent activities at or in conjunction with Easthampton Clay. Student/Parent understands that this release discharges the Released Parties from any liability or claims that Student/Parent may have against the Released Parties with respect to bodily injury, personal injury, illness (Coronavirus), death or personal property damage that may result from Student/Parent’s at or in conjunction with Easthampton Clay, whether caused by the negligence of the Released Parties or otherwise. Student/Parent also understands that Released Parties do not assume responsibility for or obligation to provide financial assistance, including but not limited to medical, health, or disability insurance. Without in anyway limiting the foregoing, or any other provision of this Release and Waiver liability. Student/Parent expressly agrees that no event shall Student/Parent look to the insurance carried by any contractor or subcontractor engaged by Easthampton Clay LLC in connection with any liability, claims, damages or demands asserted by Student/Parent.
Student/Parent does hereby release and forever discharge the Released Parties from any claim whatsoever which arises or may thereafter arise on account of any first aid, treatment, or service rendered in conjunction with Student/Parent’s participation, activities at or in conjunction with Easthampton Clay or with the decision by any representative or agent of Easthampton Clay to exercise the power to consent to medical or dental treatment.
Assumption of the Risk:
Student/Parent understand that, in the course of their membership/class, Student/Parent may participation in activities that may be hazardous to Student/Parent and that some tools, materials and machinery of the Easthampton Clay premises may be beyond the control of Easthampton Clay and the other Released Parties. Student/Parent hereby expressly and specifically assumes the risk of injury or harm in the activities of Student/Parent’s partici- pation in activities at Easthampton Clay.
Student/Parent understands that the Released Parties do not carry or maintain any medical, health or disability insurance coverage for any Student/Parent.
Student/Parent expressly agrees that this release is not intended to be as broad and inclusive as permitted by the laws of the State of Massachusetts, and that this Waiver and Release shall be governed by and interpreted in accordance with the laws of the State of Massachusetts. Student/Parent agrees that in the event that any clause or provision of this Waiver and Release shall be held invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Waiver and Release which shall continue to be enforceable. Member/ Student/Parent shall abide by studio policies as stated on the EHC website, www.easthamptonclay.com.
Please be sure to read the studio rules.
Covid 19 Addendum:
- A tight-fitting mask covering your nose and mouth must be worn at all times, while in the studio and building. Valve masks are not permitted.
- Social distancing rules must be complied with.
- We reserve the right to take everyone’s temperature with a touchless forehead thermometer before coming into the studio.
- We realize that social distancing and mask wearing is difficult (especially for children) but reserve the right to send someone home if they are unable to comply with the rules.
- If anyone in our studio community contracts the Coronavirus, please let us know immediately.
- If anyone in our studio community contracts the Coronavirus, we will inform our studio population and ask that everyone in contact with that person, quarantine for 2 weeks.
- If you are enrolled in a class and there is another government shutdown/quarantine, we will continue classes via Zoom video call.
- Student/Parent will comply with above waiver and liability.
IN WITNESS WHEREOF, Student/Parent has executed this Waiver and Release, as of the day and year of submitting this form.