Assumption of Risks, Waiver, Release, and Liability Agreement

BY SIGNING THIS AGREEMENT, YOU WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. READ THOROUGHLY BEFORE YOU SIGN.


To: NORTH YORK POTTERY and its members, directors, officers, employees, contractors, agents, instructors, volunteers and assigns (collectively, “the Studio”):

In consideration for My or My child or ward’s participation in the Studio’s workshops, classes, camp activities and programs, including without limitation yoga, games, other physical activities; and use of clay, glaze, instruments, tools and wheel (the “Activities”), and on behalf of Myself, My heirs, executors, successors, assigns, guardians, trustees, and whomever may have or acquire any interest in any claim arising from participation in the Activities, including but not limited to My child or ward or any minors (collectively defined herein as “I / My / Myself / Me”), I agree to the following terms:

Disclosure of Common Risks: The following are some, but not all, of the risks, hazards and dangers that participants in the Activities may be exposed to: equipment or tool malfunction or breakage; physical injury; aggravation of existing injury or condition; slip, trip or fall including without limitation due to weather conditions such as rain, ice or snow accumulation; uneven or unsafe terrain; contact with clay, glaze and allergens; interaction with other people including in crowded public areas; and loss, theft or damage of My personal property. Further, I understand that by participating in the Activities, I may be exposed to the novel Coronavirus/COVID-19. The Studio makes no representations or claims as to the condition or safety of the land, structures, or surroundings, whether or not owned, leased, operated or maintained by the Studio.

I have read and I understand the Disclosure of Common Risks section, and I appreciate the risks, hazards and dangers described therein. I understand that this list is not exhaustive and that I may be exposed to other risks, hazards, and dangers.

Assumption of Risks: I understand that participation in the Activities comes with certain risks, hazards, and dangers, including but not limited to those described above, and as a result I may suffer serious injury, or even death, from such risks or from over-exertion, exhaustion, medical emergency, negligence on the part of other participants in the Activities, and NEGLIGENCE ON THE PART OF THE STUDIO, INCLUDING THE FAILURE ON THE PART OF THE STUDIO TO SAFEGUARD OR PROTECT ME AND OTHERS FROM THE RISKS, HAZARDS AND DANGERS OF THE ACTIVITIES.

I have read and I understand the Assumption of Risks section. I freely choose to accept and personally assume all risks, dangers and hazards associated with My participation in the Activities including as described in the Assumption of Risks, and including without limitation injury, death, and damage to or destruction of property. Accordingly, I agree that My participation in the Activities is ENTIRELY AT MY OWN RISK.

Release of Liability and Waiver of Claims: I hereby waive all claims that I have or may have in the future against the Studio, and I release the Studio from all liability for any loss, damage, expense, or injury including death that I may suffer as a result of My participation in the Activities due to any cause whatever, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, OR IN RESPECT TO THE STUDIO'S PROVISION OF OR FAILURE TO PROVIDE ANY WARNINGS, DIRECTIONS OR INSTRUCTIONS OR DUE IN ANY WAY TO THE RISKS, HAZARDS AND DANGERS OF PARTICIPATION IN THE ACTIVITIES.

I have read and I understand the Release of Liability and Waiver of Claims section. I understand that I am giving up legal rights that I and My child or ward might otherwise have against the Studio.


Indemnity: I hereby indemnify and save harmless the Studio from all liability, including without limitation, for any injury, death, damage or expense, to any person or property, howsoever arising, resulting from My participation in the Activities.

I have read and I understand the Indemnity section. I understand that I am potentially incurring significant legal and financial obligations to the Studio.

Policies and Instructions: I understand and accept the Studio’s rules, policies and procedures, and I will abide by all of the Studio’s instructions. I agree that the Studio reserves the right to refuse My participation in the Activities if it believes My participation may be unsafe for Myself or others.

Medical Consent and Authorization: I give consent and authorization for the Studio to secure and provide appropriate and timely medical treatment to Me or My minor children/wards in case of medical emergency. I am aware that the Studio staff can only administer medications that are supplied by Me AND are accompanied by a parent or guardian's authorization form. I am aware that all medications must be stored with the Studio’s on-site medical designee, except EpiPens and inhalers, which may be carried by the camper at My discretion. I give consent and authorization for the Studio to provide or secure such medical advice and services as it may in its sole discretion deem necessary for the health and safety of My minor children/wards and I shall be financially responsible for such advice and services.

Pre-existing Conditions: I understand it is My responsibility to consult with an appropriate medical practitioner prior to My participation in the Activities. I represent and warrant that I have fully disclosed to the Studio any conditions or circumstances that may affect My ability to participate in the Activities, increase My risk of injury, or have an impact on Me, other participants or the Studio during the Activities. I confirm that I have made complete, honest and accurate disclosure in Medical Information document provided to Me.

In entering into this Agreement, I am not relying on any oral or written representation or statements made by the Studio with respect to the safety of Activities, other than what is set forth in this Agreement. I acknowledge that the Studio has not offered or provided any legal advice about the contents of this Agreement and that I had ample opportunity to review the Agreement in detail prior to engaging the Studio.