Waiver

As Consideration for being allowed to enter the classroom area, shop area and/or Participate in any party and/or program at Bit Space the undersigned, on his or her behalf, and on the behalf of the Participant(s) identified below, acknowledges, appreciates, understands, and agrees to the following:

  1. I represent that I am the parent or legal guardian of the Participant(s) named on these forms or I have obtained permission from the parent/legal guardian of the Participant(s) named on these forms to execute this agreement on their behalf.

  2. I acknowledge and understand that there are known and unknown risks associated with participation in Bit Space activities and the use of the shop area, classroom area and any and all other Bit Space equipment, including but not limited to the CNC machine, laser cutter, power, cutting and drilling tools (including, but not limited to drill press, various saws, hammers, wrenches, screwdrivers, etc.) and open play at nearby parks, which include but are not limited to: contusions, fractures, scrapes, cuts, bumps, paralysis, or death. I understand that in any class or activity my child may use inherently dangerous tools, equipment, machines, chemicals or substances. I agree that my child will attend the safety orientation at the beginning of class and will not use equipment or materials without familiarizing themselves with their safe use under the supervision of a Bit Space employee. I will educate and inform myself and my child on the inherent dangers and risks that are associated with participation in that particular class. I will inspect the facility and equipment to be used, and if I believe anything is unsafe, I will immediately advise Bit Space Management of such condition. Risks of this nature could lead to illness, serious injury or even death.

  3. I am aware that my child’s own behavior can affect his/her personal safety and the safety of others involved in Bit Space, LLC’s classes and activities. He/she will act according to Bit Space, LLC’s policies as described in the information presented in the safety orientation. I understand that failure to comply may result in my child’s dismissal from Bit Space, LLC’s, at its discretion and my expense.

  4. I, for myself and the Participant(s) named, willingly assume the risks associated with participation and accept that there are also risks that may arise due to OTHER PARTICIPANTS which I also willingly assume.

  5. I agree that the Participant(s) named, and I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for participation in any classes, camps, parties and/or any other classes or events at Bit Space.

  6. I, for myself, the Participant(s) named, our heirs, assigns, representatives, and next of kin agree to hold harmless, release, waive and indemnify the independent owner of this Bit Space facility, LLC, their predecessors, parent, subsidiaries and affiliates, officers, and employees from any and all injuries, liabilities or damages from participation, except for those arising from the gross negligence or willful misconduct of Bit Space.

  7. I additionally agree to indemnify the independent owner of this Bit Space facility, LLC, their predecessors, parent, subsidiaries and affiliates, officers, and employees for any defense cost or expense arising from any and all claims, injuries, liabilities or damages arising from participation, except for those arising from the gross negligence or willful misconduct of Bit Space.

  8. My child is of physical ability to participate and I am legally competent to understand and complete this agreement on behalf of participant(s) as his/her legal guardian or parent . I hereby execute this agreement without coercion.

  9. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.

  10. Any controversy, dispute, or claim arising out of or related to this Agreement, which the parties are unable to resolve by mutual agreement, shall be settled exclusively by submission by either party of the controversy, claim or dispute to binding arbitration; said arbitration to take place exclusively before a single arbitrator located within 25 miles of the Event location and in accordance with the rules of the American Arbitration Association then in effect.