ASSUMPTION OF RISK, RELEASE AND INDEMNITY *
The use of the facilities at 24 Jonas Evans Lane, Vernon, NJ naturally involves the risk of injury or death, whether the undersigned or someone else causes it. As such, the undersigned agrees that he or she understands and voluntarily accepts this risk and agrees that MAKEHOUSE, INC and any of their affiliated entities or successors or any officer, director, member, agent, servant or employee of the aforesaid (hereinafter collectively “MAKEHOUSE”) will not be liable for any injury or death, including and without limitation, personal, bodily or mental injury, economic loss or any physical or property damage to the undersigned, the undersigned’s spouse, the undersigned’s children, guest or relative (hereinafter collectively “GUEST”) resulting from GUEST’s use of the facilities, including without limitation, as a result of the negligence of MAKEHOUSE or anyone else using the facilities. If there is any claim by anyone based on any injury, death, loss, or damage described herein, which involves the GUEST, the undersigned agrees to (a) defend MAKEHOUSE against such claims and pay MAKEHOUSE for all expenses relating to the claim including, but not limited to, any and all attorney’s fees, and (b) indemnify MAKEHOUSE for all obligations resulting from such claims.
This document shall be construed and enforced in accordance with the laws of the State of _NEW JERSEY_. Any action at law, suit in equity, or other jurisdictional proceeding arising in connection with this document shall be instituted only in the courts of SUSSEX, NEW JERSEY.
The GUEST agrees to release from all liability, discharge and promise not to take legal action against (i) MAKEHOUSE; (ii) any other guest, visitor or person present or using the facilities or equipment of MAKEHOUSE; (iii) any designers, manufacturers or
installers of the facilities or equipment of MAKEHOUSE and any subsidiary companies; and/or (iv) the landlord of MAKEHOUSE for any and all harm or damage to the GUEST in connection with GUEST’S use of any MAKEHOUSE facilities or equipment or in
connection with any activities sponsored by MAKEHOUSE whether or not such activities take place outside of any premises owned or operated by MAKEHOUSE. This Agreement releases MAKEHOUSE from any liability to GUEST, their heirs, next of kin, assigns or personal representatives for any losses or damages or claims or demand arising out of GUEST’S personal injuries, damage to property or GUEST’S death, even if MAKEHOUSE’s individual or collective negligence contributes to such personal injury, damage or death. The undersigned hereby waives any and all claims or actions that may arise against MAKEHOUSE, its owners, directors, employees or volunteers as a result of any of the following risks.
Such risks include, but are not limited to:
1. Injuries or death resulting from the negligence of the owners, operators, employees, or volunteer assistants of MAKEHOUSE; or the negligence of guests, visitors or persons who may be present at MAKEHOUSE; or the negligence of any designers, manufacturers
Use of Guest House/Waiver, Release & Indemnity Form or installers of the facilities; or the negligence of the landlord of 24 Jonas Evans Lane, Vernon, NJ;
2. Injuries or death resulting from the failure or negligent misuse, by me or by others, of the facilities or equipment of 24 Jonas Evans Lane, Vernon, NJ;
3. Injuries or death resulting from slips, trips, falls or other such accidents that occur while using the facilities or equipment of MAKEHOUSE, or which may be caused by other persons’ use of the facilities or equipment of 24 Jonas Evans Lane, Vernon, NJ.
4. Injuries or death resulting from participating in and/or using equipment in connection with activities sponsored by MAKEHOUSE which may take place outside of any premises owned or operated by MAKEHOUSE;
5. Injuries or death that occur from the negligence or lack of adequate training of those volunteers, agents or employees of MAKEHOUSE or death who seek to assist with medical or other help either before or after injuries have occurred; and
The GUEST freely and voluntarily assumes complete personal responsibility for these risks and for the injuries or death that may occur as a result of these risks, even if such injuries or death occur in a manner that is not foreseeable at the time this Agreement.
BY SIGNING BELOW, THE GUEST ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT THOROUGHLY AND UNDERSTANDS AND ACCEPTS THE TERMS CONTAINED HEREIN AND THAT NO ORAL REPRESENTATIONS OR STATEMENTS OR INDUCEMENTS HAVE BEEN MADE TO GUEST THAT CHANGE, ALTER OR MODIFY ANYTHING WITHIN THE WRITTEN AGREEMENT. BY SIGNING BELOW THE UNDERSIGNED REPRESENTS AND WARRANTS THAT THEY HAVE THE AUTHORITY TO SIGN THIS WRITTEN AGREEMENT ON BEHALF OF ALL INDIVIDUALS WHOSE LEGAL RIGHTS THIS AGREEMENT CONTEMPLATES TO WAIVE. IN THE EVENT ANY PORTION HEREOF IS HELD INVALID, IT IS AGREED THAT THE BALANCE SHALL, NOTWITHSTANDING, CONTINUE IN FULL LEGAL FORCE AND EFFECT.