PLEASE READ CAREFULLY BEFORE AGREEING — THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS
1. DEFINITIONS
In this Release of Liability, "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 Release of Liability 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 Release of Liability. 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 Release of Liability pursuant to the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Texas Uniform Electronic Transactions Act.
3. RELEASE OF LIABILITY
In consideration of being permitted to enter and use the Facility and participate in Activities, the Member, on behalf of themselves and their heirs, personal representatives, executors, administrators, assigns, and next of kin, hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE the Released Parties from and against any and all liability, claims, demands, causes of action, losses, damages, costs, and expenses (including attorneys' fees) of any kind or nature whatsoever, whether arising in contract, tort, strict liability, or otherwise, which are in any way connected with or arise out of the Member's presence at or use of the Facility, participation in Activities, or use of any equipment, tools, or materials, INCLUDING CLAIMS ARISING FROM OR ATTRIBUTED TO THE NEGLIGENCE (WHETHER ACTIVE OR PASSIVE) OF THE RELEASED PARTIES, but excluding claims arising from the gross negligence or willful misconduct of the Released Parties.
This release applies to all claims, whether known or unknown at the time of acceptance, including but not limited to claims for personal injury, bodily harm, disability, death, property damage, emotional distress, loss of income or earning capacity, and any other losses or damages of any kind.
4. SCOPE OF RELEASE
This release extends to all Activities undertaken at or in connection with the Facility, regardless of when such Activities occur and regardless of whether the Member is engaged in supervised or unsupervised work at the time. This release applies during all hours the Member is present on the Facility premises, including arrival and departure.
5. NO ADMISSION OF LIABILITY
This Release of Liability does not constitute an admission by the Released Parties that any particular risk exists or that any particular injury or loss is likely to occur. The Released Parties expressly deny any liability for injury, loss, or damage arising from the Member's use of the Facility or participation in Activities.
6. RESPONSIBILITY FOR GUESTS
The Member acknowledges that access to the Facility is restricted to registered members. The Member accepts full and sole responsibility for any individual the Member permits to enter or accompany them into the Facility. This release and all obligations contained herein expressly extend to cover any claims arising from the presence, acts, omissions, injuries, or death of any guest the Member brings into or permits to enter the Facility. The Released Parties shall bear no responsibility whatsoever for such persons.
7. GOVERNING LAW
This Release of Liability 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 Release of Liability shall be resolved exclusively in the courts of competent jurisdiction located in the State of Texas.
8. SEVERABILITY
If any provision of this Release of Liability 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.
9. BINDING EFFECT
This Release of Liability shall be binding upon the Member and the Member's heirs, personal representatives, executors, administrators, and assigns. This Release of Liability 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.
10. MEMBER ACKNOWLEDGMENT
By checking the associated box, I affirm the following: