On my own behalf and on behalf of my heirs, I hereby release Powerhouse Arts, Inc., a Delaware not-for-profit corporation, located at 322 Third Avenue, Brooklyn NY, 11217 (the Building); Manhattan Graphics Center Inc., a New York not-for-profit corporation; and each of their employees, agents, contractors, affiliates, successors and assigns (collectively, Powerhouse and MGC), from any and all liability arising out of, and agree not to sue Powerhouse and MGC in connection with, my use of, and participation in all activities at, MGC (such activities, My Use, and the MGC studio at the Building, the Studio).
I acknowledge and agree as follows:
- The Studio is an active workshop site that has inherently dangerous conditions, and I assume all risks, known or unknown, in connection with My Use.
- I agree to abide by the Studio’s guidelines, and instructions provided to me by MGC team members and instructors.
- Powerhouse and MGC are not responsible for any injury or damage to me or my personal property, including any artwork I create at the Studio (My Artwork). Powerhouse and MGC are further not responsible for any of my personal property, including My Artwork, that may be lost or damaged anywhere in the Studio and the Building.
- Powerhouse and MGC do not guarantee the performance of any of the tools, equipment, or materials that the Studio may supply or provide access to.
- I am responsible for any loss, cost, or damage to the Studio and/or the Building caused by my willful or negligent conduct.
- To the full extent permitted by law, I hereby indemnify, defend and hold Powerhouse and MGC harmless from and against any and all claims, suits, damages, losses, costs and expenses, including but not limited to reasonable legal fees, (collectively, a Claim) arising out of or in connection with (i) my presence in the Studio; (ii) My Use; and/or (iii) my acts or omissions including, without limitation, any Claim with respect to property damage, personal injury, illness, disability or death.
This Waiver and Release is voluntarily made, it is perpetual and cannot be revoked, and it may be enforced by Powerhouse, MGC, and each of their employees, agents, contractors, affiliates, successors and assigns.