THIS DOCUMENT RELEASES AND WAIVES CERTAIN LEGAL RIGHTS. YOU SHOULD READ THIS DOCUMENT THOROUGHLY AND YOUR SIGNATURE REPRESENTS THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT.
You represent and warrant to Minnesota Makerspace, LLC (“Minnesota Makerspace”) that you have full legal authority to complete the registration for the Event, including this Agreement and Waiver, on behalf of yourself and/or any party for whom you are registering including full authority to make use of the credit or debit card to which registration fees will be charged. As used in this Agreement and Waiver, (a) “Minnesota Makerspace” means and includes Minnesota Makerspace, LLC, its partners, licensors, and any and all subsidiaries, affiliated entities, or entities that control, are controlled by, or are under common control with Minnesota Makerspace singly or together and its and each of their officers, employees, contractors, subcontractors and agents and each of their agents, representatives, successors and assigns; and (b) “you”, “your”, or “I” means and includes you (as an individual) and all other Registered Parties for whom you are registering, and by virtue of agreeing to this Agreement and Waiver, for whom you are waiving certain rights.
If you are registering a child under the age of 18 or an incapacitated adult you represent and warrant that you are the parent or legal guardian of that party and have the legal authority to enter into this Agreement and Waiver on their behalf and by proceeding with registration for the Event, you agree that the terms of this Agreement and Waiver shall apply equally to all of the Registered Parties. To the extent permitted by law, each person agreeing to this Agreement and Waiver for him/herself and/or on behalf of another Registered Party (including, without limitation, any minor) agrees to indemnify, defend, and hold Minnesota Makerspace harmless from any liability, claim, demand, cause of action, damage, loss, or expense (including court costs and reasonable attorneys’ fees) of any kind or nature (each, a “Liability” and collectively “Liabilities”) in the event the Liability arises because a Registered Party is found by a court of competent jurisdiction to not be bound by the terms and conditions of this this Agreement and Waiver. In addition, if, despite this Agreement and Waiver, any of the Registered Parties makes a claim against Minnesota Makerspace, you agree, immediately upon request or demand by Minnesota Makerspace, to defend, indemnify and hold Minnesota Makerspace harmless from all Liabilities which may be incurred as the result of such claim.
Furthermore, I HEREBY:
- Release Minnesota Makerspace from any loss, liability, damage, injury or cost that may arise out of my use of art materials, tools or equipment at Minnesota Makerspace and I voluntarily assume the risk and danger of injury using such art materials, tools and equipment. I recognize that there are certain inherent risks associated with working with power tools or other mechanical equipment and I assume full responsibility for personal injury to myself or any other person which may result from use of Minnesota Makerspace’s facilities and/or equipment, and fully release and discharge Minnesota Makerspace, and its employees, representatives, and agents for injury loss or damage with may result from my use of Minnesota Makerspace’s facilities and/or equipment.
- Release, discharge and promise not to sue Minnesota Makerspace LLC, doing business as Minnesota Makerspace under its own name or any other name and/or any of its owners, officers, employees, instructors, and agents (hereinafter, “Releasees”) for any loss, liability damage or cost whatsoever arising out of or related to my person or property.
- Agree to pay full damages to the facilities and equipment at Minnesota Makerspace and surrounding common areas caused by my actions in the Minnesota Makerspace facilities or in my use of equipment located at the Minnesota Makerspace facilities.
- Release Releasees from any claim that such Releasees are or may be negligent in connection with my educational experience, including but not limited to instruction on art making/working techniques, transportation to and from seminar activities, and maintenance or care of tools, equipment and supplies.
- Agree to indemnify and defend Minnesota Makerspace, and its employees, representatives, or agents against any and all claims, causes of action, damages, judgements, costs, or expenses including attorney fees and other litigation costs, which may arise from my use of or presence in or upon the facilities of Minnesota Makerspace or the use of Minnesota Makerspace equipment.
- Agree to abide by and follow both posted and oral instructions, rules, and warnings established by Minnesota Makerspace, or any of its instructors, agents, or employees, with regard to safety operations in using working tools or other artistic equipment. This includes slippery surfaces from paint clean-up, etc.
- Any legal or equitable claim that may arise from participation in the above shall be resolved under Minnesota law. Acknowledge that this document is a contract and agree that if a lawsuit is filed against Minnesota Makerspace or its owners, agents, employees or instructors for any injury or damage in breach of this contract, the undersigned will pay all attorney fees and costs incurred by Minnesota Makerspace in defending such action. The registrant or guardian expressly agrees that the foregoing release and waiver of liability, assumption of risk, and indemnity is governed by the State of Minnesota and intended to be as broad and inclusive as is permitted by Minnesota law, and that in the event any portion of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the balance of the agreement shall not be affected or impaired in any way and shall continue in full legal force and effect.
- Understand that Minnesota Makerspace may take photographs and/or video during class and also will take a group photo of participants and their paintings at the end of class and that these may be used for marketing and public relations purposes for the studio in various settings including but not limited to: Facebook, Instagram, Minnesota Makerspace home page on the Internet, fliers, posters, and other promotional materials. I understand that if I wish to be exempt from this, I need to speak with a member of Minnesota Makerspace staff and make my wishes known in writing.
- Understand that when I provide my email address at registration, I may be added to the email list for periodic emails from Minnesota Makerspace, but that I will have the option to unsubscribe at the bottom of the emails.
- In case of emergency, I authorize the Minnesota Makerspace staff to obtain whatever medical deemed necessary for my welfare. I further understand and agree that I will be financially responsible for all charges and fees incurred in the rendering of said emergency treatment, regardless of what my medical insurance would cover for such fees and damage.
Workshop Times & Late Arrivals
Please note that workshops begin and end promptly at the scheduled times. Out of respect and safety for all guests and staff, please make sure you arrive on time, work at a steady pace, and complete your project by the scheduled end time. If you or someone in your group cannot make it to the workshop on time, our team will attempt to get everyone caught up. However, projects do take the majority of the scheduled workshop time, and late arrival may mean you do not have enough time to complete your project. Projects must be completed in one workshop sitting and cannot be left to finish at a later date.
Photo and Video
Any photos or videos taken during the workshop may be used on social media, in advertisements, or on promotional items. If you do not want photos or videos of yourself used for these purposes, or if the project you made has personal or sensitive information you wish to keep private, please let the owner or manager know to opt-out.
Open Workshop Cancellation Policy
Due to the nature of our workshops, we need adequate time to process and personalize your selections. Cancellations made at least 72 hours (3 days) in advance of a workshop will receive a full refund. Inadequate cancellation notice or no-shows are non-refundable.
Private Party Cancellation Policy
If the private party is canceled at least ten days before the scheduled date the deposit will be refunded. If canceled less than ten days away from the scheduled date the deposit is non-refundable.
48-hour Custom Design Policy
Custom Designs must be booked, paid for, and requests submitted no less than 48 hours before the workshop. Submit Custom Design requests to the email address provided in your booking confirmation email. Your request should be in the form of a picture or description at least 48 hours before the workshop.
If your request is not submitted at least 48 hours before the workshop, you will be contacted and asked to choose a design from our existing design gallery. If you fail to approve your Custom Design proof at least 24 hours before the workshop, you may be asked to choose a design from our existing design gallery. The Custom Design fee is non-refundable.
If you would like to make changes to your booking (such as the project type or design), you may do so up to 48 hours before the workshop. If you request a change less than 48 hours before the workshop the $10 re-print fee may be applied to accommodate your request.
The $10 re-print fee may also be applied if the information submitted at the time of booking is incorrect and a new stencil is cut at the workshop.
Cancellations Due to Weather, Unforeseen Circumstances, or Low Workshop Attendance
If weather, unforeseen circumstances, or fewer than five attendees are booked, we reserve the right to cancel a workshop if circumstances permit. You will be contacted as early as possible via phone or email. If your workshop is canceled, you will be able to reschedule for a future workshop with the existing booking in our system.
All Minnesota Makerspace staff and workshop attendees are required to wear a mask during the entire event. Attendees will need to immediately sanitize hands when entering the building. We will follow social distancing guidelines and proper cleaning of the facilities and equipment. If you are feeling ill, or a member of your household has tested positive for COVID-19, please do not attend the workshop. Contact Minnesota Makerspace staff to receive a refund if it is made 72 hours in advance of the workshop, or reschedule for a different workshop date.
By registering and participating in a workshop or event at Minnesota Makerspace, I acknowledge that I have read this document in its entirety and agree to the conditions.