PLEASE READ CAREFULLY BEFORE AGREEING — THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS
1. DEFINITIONS
In this Indemnity 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 Indemnity 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. "Indemnified 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 Indemnity 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 Indemnity Agreement pursuant to the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Texas Uniform Electronic Transactions Act.
3. HOLD HARMLESS AND INDEMNIFICATION
The Member agrees to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Indemnified Parties from and against any and all claims, demands, actions, causes of action, judgments, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees, court costs, and settlement amounts) brought by or on behalf of the Member or any third party, which arise out of or are in any way related to the Member's presence at or use of the Facility, participation in Activities, or any act or omission of the Member while at the Facility.
4. SCOPE OF INDEMNIFICATION
The Member's indemnification obligations include, but are not limited to, claims arising from:
5. DUTY TO DEFEND
The Member's obligation to indemnify the Indemnified Parties includes the duty to defend against any covered claim, at the Member's sole expense, using counsel reasonably acceptable to the Indemnified Parties. The Indemnified Parties may, at their option, participate in the defense of any such claim at their own expense. The Member shall not settle any claim without the prior written consent of the Indemnified Parties.
6. INDEMNIFICATION REGARDING GUESTS
The Member acknowledges that access to the Facility is restricted to registered members. The Member's indemnification obligations under this Agreement expressly extend to all claims arising from the acts, omissions, injuries, death, or presence of any guest or individual the Member brings into or permits to enter the Facility. This includes claims brought by the guest themselves, the guest's family or representatives, or any third party affected by the guest's presence or actions.
7. NOTICE OF CLAIMS
The Indemnified Parties shall provide the Member with prompt written notice of any claim for which indemnification is sought. However, the failure to provide timely notice shall not relieve the Member of their indemnification obligations except to the extent the Member is materially prejudiced by such delay.
8. PHOTO AND MEDIA RELEASE
The Member grants the Indemnified Parties permission to photograph, video record, or otherwise capture the Member's likeness, voice, and activities while at the Facility, and to use such media for promotional, educational, or marketing purposes without additional compensation or prior approval. The Member may revoke this consent at any time by providing written notice to the Facility.
9. GOVERNING LAW
This Indemnity 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 Indemnity Agreement shall be resolved exclusively in the courts of competent jurisdiction located in the State of Texas. The Member agrees to submit to the personal jurisdiction of such courts.
10. SEVERABILITY
If any provision of this Indemnity 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.
11. BINDING EFFECT
This Indemnity 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 indemnification obligations arising from events that occurred prior to the date of revocation.
12. MEMBER ACKNOWLEDGMENT
By checking the associated box, I affirm the following: