DAVINCI MAKER LABS
INFORMED CONSENT AGREEMENT AND WAIVER OF LIABILITY
As a condition to, and in consideration of, my use of the DaVinci Maker Labs facilities, including the equipment, tools and related workshop facilities included therewith (collectively, the "Facility") located in the building having a street address of 100 North Gordon Street, Alvin Texas 77511, I have agreed to execute this Informed Consent Agreement and Waiver of Liability (this "Waiver") for the benefit of DaVinci Maker Labs, a Texas non-profit entity ("Owner"), and its successors and assigns, and officers, directors, shareholders, partners, employees, and agents (collectively, "Owner Parties"). I hereby certify, covenant and agree as follows:
1. I am 18 years of age or older, and mentally competent to sign this Waiver. I warrant that I am able to use the facilities and equipment at the Facility. I am unaware of any medical condition or symptoms that would prevent me from participating in, or increase my risk of health problems arising out of, activities or utilization of equipment at the Facility. I am executing this Waiver on my own behalf or in my capacity as parent or legal guardian on behalf of a minor.
2. I understand that Owner and Owner Parties do not hold themselves out as experts in the management or operation of a maker facility, or the Facility, and that no representations or warranties, express or implied, have been made by Owner or any Owner Parties with respect to the condition of the Facility or any of the equipment or facilities located therein, and any and all such representations and warranties are disclaimed by Owner and Owner Parties to the maximum extent permitted by law. Notwithstanding the foregoing, I acknowledge that Owner or any Owner Parties may, but shall not be obligated to, provide instruction in the handling of certain tools and equipment that Owner and/or any Owner Parties may provide for my use. I acknowledge and agree that I have access to, and have read and understood the manufacturer’s operation manuals regarding any tools or equipment which I may use at the Facility and that I am relying exclusively on such manuals with regard to my safe use of such tools and equipment. I waive any and all liability and agree that I will be solely responsible for any costs or damages that may occur resulting from such instruction provided by Owner and my use of any equipment, tools, or related workshop facilities.
3. I understand that my use of the Facility, including any tools, equipment and/or the facilities located therein, presents the risk of physical injury or death, and/or of loss of or damage to my personal property. I ASSUME THIS RISK AND AGREE THAT MY USE OF THE FACILITY SHALL, AT ALL TIMES, BE AT MY OWN RISK. I, ON BEHALF OF MYSELF, MY HEIRS AND PERSONAL REPRESENTATIVES, HEREBY KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE AND RELEASE OWNER AND ALL OWNER PARTIES FROM ANY LIABILITY, LOSS, COST, DAMAGE, EXPENSE, CLAIM OR SUIT WHATSOEVER (COLLECTIVELY, "CLAIMS") FOR ANY AND ALL INJURY, LOSS, ILLNESS, HARM, COST, EXPENSE, CLAIM, SUIT, OR DAMAGE RESULTING FROM OR RELATED TO MY USE OF THE FACILITY OR THE EQUIPMENT AND FACILITIES LOCATED THEREIN. I SPECIFICALLY UNDERSTAND THAT I AM WAIVING AND RELEASING ANY CLAIMS I MAY HAVE PRESENTLY OR IN THE FUTURE FOR THE NEGLIGENT ACTS OR OTHER CONDUCT BY OWNER OR ANY OWNER PARTIES. I FURTHER AGREE TO AGREE TO INDEMNIFY AND HOLD HARMLESS OWNER AND ALL OWNER PARTIES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS ARISING AS A RESULT OF MY USE OF THE FACILITY.
4. I have received and read a copy of the current rules and regulations governing the use and hours of operation of the Facility and the equipment and facilities located therein, a copy of which is attached hereto, and I shall fully comply with all such rules and regulations, as they may be amended from time to time.
5. If any portion of this Waiver shall be deemed by a court of competent jurisdiction to be invalid, then the remainder of this Waiver shall remain in full force and effect and the invalid portion shall be enforceable to the extent permitted by law.
6. Governing Law and Forum: This Agreement shall be governed by and construed in accordance with the laws of Texas except for rules on conflict of laws. Any litigation or arbitration arising from or relating to this Waiver shall be brought exclusively state or federal courts in Alvin, Brazoria County, Texas and the Parties agree that any action relating to or arising out of this Waiver shall be instituted and prosecuted exclusively in those courts. The Parties hereby expressly waive any right to a change in venue and any and all objections to the jurisdiction of those state and federal courts.
7. Waiver of Jury Trial: EACH PARTY HEREBY WAIVES ALL RIGHTS TO TRIAL BY JURY IN ANY JURISDICTION IN ANY ACTION, SUIT OR PROCEEDING BROUGHT TO RESOLVE ANY DISPUTE AMONG THE PARTIES UNDER THIS WAIVER, WHETHER IN CONTRACT, TORT OR OTHERWISE.
DAVINCI MAKER LABS
These Member Rules, Policies and Operating Guidelines (hereinafter referred to as the “Rules”) set forth rules regarding the management, operation, use and enjoyment of the DaVinci Maker Labs (the “Facilities”). These Rules may be periodically reviewed and amended by DaVinci Maker Labs at any time.
1) Facilities hours of operation are subject to revision as the season or occasion may warrant.
Changes will be announced in the monthly newsletter and/or be posted at the Facilities and/or website.
Current hours are as follows:
Wednesday: 10am – 6pm
Thursday: 1pm – 8pm
Friday: 1pm – 6pm
Saturday: 10am – 3pm
The Facilities reserve the right to close prior to the stated hours of operation when the Facilities are not being utilized by its members. DaVinci Maker Labs does not warrant or claim availability of any service, tool or equipment. Equipment and or tool availability may change to due repair, replacement, disposal, tooling or other cause. Equipment and tools are made available based on a good faith effort.
The Facilities will be closed on New Year’s Day, George Washington’s Birthday, Thanksgiving Day, Christmas Eve and Christmas Day, Independence Day, Memorial Day and Labor Day, other days requiring substantial efforts in a remote location for an event in line with the mission of the non-profit.
The following rules have been compiled for Member convenience and for the greater enjoyment of the Facilities by all Members.
1) GUESTS – All guests are required to purchase a Day Pass and agree to all other agreements a standard user would otherwise be subject too.
2) PRIVATE WORKSPACE AND STORAGE TUBS – All private space rentals shall be pursuant to the terms of a private space rental agreement and shall be governed by the Facilities’ Private Space Policy. Private Space Workbenches, as well as tool and equipment storage bins, may be rented from the Facilities at such rates as may be determined from time to time by the Facilities. Members should be aware that Facilities insurance does not cover contents of lockers and all contents are stored in a private storage space at the Member’s sole risk, the Facilities is not responsible for lost or stolen items.
3) FOOD AND LIQUOR - The Facilities prohibits bringing any liquor or food or drink storage containers on to the Facilities premises.
4) CHARGES INCURRED – All Members are responsible for the payment of charges incurred in the use of the facilities of the Facilities, including fees, tool and equipment rental, and purchases from the Facilities, incurred by the member, his/her family secondary members.
5) PETS - Pets are not allowed in the Facilities, except in the case of certified service animals, and such must be on a leash at all times while on the premises of the Facilities.
6) PARKING - Members shall park only in appropriately designated parking areas. Violators are subject to towing at their expense.
7) PRIVATE PARTIES – Member requests for private parties should be submitted to the Facilities management and requires prior written approval.
8) CORPORATE & PRIVATE EVENTS – Any event, group outing, etc., which has 5 or more participants (members or guests) is considered to be Corporate or Private Event. Requests for Corporate and Private Events should be submitted to the Facilities management. Corporate and Private Events, whether sponsored by a corporation or by individuals, require approval prior to the date of the event.
a) The sponsor must conduct its event in strict accordance with Facilities policies and safety rules.
b) The sponsor and each participant must execute an indemnity and release agreement provided by the Facilities and/or provide satisfactory proof of liability insurance in an amount acceptable to the Facilities.
9) CHILDREN - Members bringing children between the ages of 0 – 4 years of age to the Facilities are responsible for their conduct and safety. Members must accompany, control, oversee and directly supervise their children at all times. Each member is limited to two children. Children are not allowed in area with tools and/or equipment.
10) COMPLIANCE WITH LAWS AND REGULATIONS - Members and guests must comply with all applicable federal, state and local laws, ordinances and all Facilities Rules.
11) MEMBER CONDUCT - Violation of any applicable federal, state or local laws, ordinances or any Facilities Rules or any behavior in a manner contrary to the best interests of the Facilities, its overall membership or its employees will result in disciplinary action by management. All Members are personally responsible and financially liable for any damage done to the Facilities and any tools and equipment, regardless of intention. This includes but is not limited to damages done to the grounds, buildings, tools, equipment and all facilities.
12) FEES - Member acknowledges that all Application Fees and Initiation Fees are non-refundable.
13) EQUIPMENT CERTIFICATION - Members are required to take certification classes on large or delicate equipment housed in the DaVinci Maker Labs facility. Certification classes are not included in the facility membership and must be paid for and taken separately. DaVinci Maker Labs offers certification classes on all equipment it houses. Upon completion of certification the members badge and account will be updated with access. Upon
14) AGE RESTRICTIONS – Not all members are allowed in all areas.
a. Adult members 18 years of age or older may access any member area.
b. Junior members 15 – 17 years of age may access non-shop front areas of the facility with out direct supervision. Juniors are required to have direct adult supervision in the machine shop and welding shop areas. Junior members must be sponsored by and supervised by a primary adult member legally termed as a guardian and take full responsibility for the minor.
c. Youth members 5 – 14 years of age may access non-shop front areas of the facility with direct supervision only. Youth members must be sponsored by and supervised by a primary adult member legally termed as a guardian and take full responsibility for the minor.
d. Children under 5 years of age can not be registered members and are considered guests and must be accompanied by a primary adult member legally termed as a guardian and take full responsibility for the minor.
15) FACILITY SAFETY CERTIFICATION – Every member including Day Pass members are required to take a short safety orientation and agree to all safety and waiver agreements. All members ages 5 - 17 are given a safety orientation in conjunction with their primary adult account holder. Facility safety for children is the direct responsibility of the supervising adult. Members who wish to access the shop areas are given an additional safety orientation and must be at least 18 years of age. Junior members, 15 – 17 years of age, who wish to access the shop areas must take the additional safety orientation in conjunction with their supervising adult.
Refer the DaVinci Maker Labs “Safety Guidelines”.