PLEASE READ CAREFULLY BEFORE AGREEING — THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS
1. DEFINITIONS
In this Assumption of Risk Agreement, "the Facility" refers to Procrastination Station LLC, including all premises, workspaces, equipment, tools, materials, common areas, parking areas, and any other property owned, operated, leased, or controlled by Procrastination Station LLC. "Member" refers to the individual agreeing to this Assumption of Risk Agreement through electronic acceptance. "Activities" refers to any and all activities undertaken at or in connection with the Facility, including but not limited to the use of tools, machinery, equipment, electronics, and materials; participation in classes, workshops, events, and open shop sessions; and general presence on the premises. "Released Parties" refers to Procrastination Station LLC, its owners, members, managers, officers, directors, employees, volunteers, agents, instructors, independent contractors, affiliates, successors, and assigns, both individually and collectively.
2. ELECTRONIC ACCEPTANCE
By checking the acceptance box and entering their initials, the Member agrees to be legally bound by all terms and conditions of this Assumption of Risk Agreement. The Member acknowledges that their electronic acceptance carries the same legal force and effect as a handwritten signature. The Member consents to the use of electronic records and signatures in connection with this Assumption of Risk Agreement pursuant to the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Texas Uniform Electronic Transactions Act.
3. NATURE OF THE FACILITY
The Member acknowledges and understands that Procrastination Station LLC is a shared makerspace and workshop environment where members have access to a wide variety of tools, machinery, equipment, and materials for fabrication, construction, and creative projects. The Member understands that this type of environment presents inherent and significant risks that cannot be fully eliminated regardless of the care taken by the Released Parties.
4. SPECIFIC RISKS AND HAZARDS
The Member acknowledges that the following specific risks and hazards exist at the Facility and may be encountered during Activities:
The Member understands and acknowledges that the above list is not exhaustive. Other risks, hazards, and dangers may exist that are not specifically identified, including risks that are not foreseeable at the time of this Agreement.
5. POTENTIAL CONSEQUENCES
The Member understands that the risks described above can result in serious consequences, including but not limited to: cuts, lacerations, and puncture wounds; burns (thermal, chemical, and electrical); eye injuries and vision loss; hearing damage or loss; respiratory illness or injury; broken bones and fractures; amputation or loss of digits or limbs; crushing injuries; toxic exposure and poisoning; allergic reactions; electrical shock and electrocution; scarring and disfigurement; traumatic brain injury; spinal cord injury and paralysis; permanent disability; and death.
6. VOLUNTARY ASSUMPTION OF RISK
With full knowledge, understanding, and appreciation of the risks, dangers, and potential consequences described herein, the Member voluntarily and freely chooses to assume ALL such risks, both known and unknown, foreseeable and unforeseeable, and assumes full responsibility for the Member's participation in Activities at the Facility. The Member acknowledges that their assumption of risk is a material consideration for being permitted to use the Facility and participate in Activities.
The Member confirms that no representations, statements, or inducements apart from those contained in this Agreement have been made to the Member regarding the safety of the Facility or Activities.
7. PERSONAL RESPONSIBILITY AND SAFETY
The Member agrees to abide by all posted rules, safety guidelines, operational policies, and verbal instructions provided by the Released Parties. The Member agrees to use all required personal protective equipment ("PPE") as directed and to operate equipment only in accordance with instructions and training provided. The Member understands that failure to comply with safety rules may result in immediate termination of membership and revocation of Facility access without refund.
The Member represents that they will not use any tool, machine, or equipment for which they have not received adequate instruction or for which they do not possess sufficient knowledge, skill, and experience to operate safely. The Member agrees to immediately report any unsafe conditions, equipment malfunctions, or injuries to Facility staff.
The Member agrees that they will not enter or use the Facility while under the influence of alcohol, drugs, or any substance (including prescription medication) that may impair judgment, coordination, or the ability to safely operate equipment.
8. CONDITION AND INSPECTION OF EQUIPMENT
The Member understands and agrees that the Released Parties make no warranties or representations, expressed or implied, regarding the condition, fitness, or safety of any equipment, tools, materials, or facilities. The Member agrees to inspect all equipment and workspaces before use and to decline to use any equipment or workspace that appears unsafe, damaged, or defective. Use of any equipment or workspace constitutes the Member's acknowledgment that it is in an acceptable and safe condition for use.
9. MEDICAL ACKNOWLEDGMENT AND AUTHORIZATION
The Member certifies that they are physically and mentally capable of participating in Activities and using equipment at the Facility. The Member acknowledges that the Released Parties are not medical professionals and are not equipped to provide medical care. In the event of an injury or medical emergency, the Member authorizes the Released Parties to contact emergency medical services on the Member's behalf and consents to receive emergency medical treatment. The Member accepts full financial responsibility for any medical expenses incurred as a result of injury or illness sustained at the Facility.
10. ASSUMPTION OF RISK REGARDING GUESTS
The Member acknowledges that access to the Facility is restricted to registered members. The Member assumes all risk and liability associated with the presence and activities of any individual the Member permits to enter or accompany them into the Facility. The Released Parties shall bear no responsibility whatsoever for such persons.
11. PERSONAL PROPERTY
The Member acknowledges that the Released Parties are not responsible for any loss, theft, or damage to the Member's personal property, including but not limited to vehicles, tools, materials, projects, electronic devices, and personal belongings, whether stored at or brought to the Facility.
12. GOVERNING LAW
This Assumption of Risk Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Any dispute arising out of or related to this Agreement shall be resolved exclusively in the courts of competent jurisdiction located in the State of Texas.
13. SEVERABILITY
If any provision of this Assumption of Risk Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties.
14. BINDING EFFECT
This Assumption of Risk Agreement shall be binding upon the Member and the Member's heirs, personal representatives, executors, administrators, and assigns. This Agreement shall remain in effect for the duration of the Member's membership and for all subsequent visits to the Facility unless revoked in writing by the Member. Revocation shall be effective upon receipt by the Facility and shall not affect any claims arising prior to the date of revocation.
15. MEMBER ACKNOWLEDGMENT
By checking the assocaited box, I affirm the following: