Waiver and Release of Liability
This Waiver and Release of Liability (this “Waiver and Release”) relates to my participation in a virtual workshop presented by DON HAMBLIN HOME IMPROVEMENTS, LLC dba Project DIY Virtual Home Improvement Services. In consideration of my participation in the virtual workshop, and to the fullest extent of the law, I, on behalf of myself and my heirs, executors, and administrators (collectively “Releasors”), hereby waive and release DON HAMBLIN HOME IMPROVEMENTS, LLC dba Project DIY Virtual Home Improvement Services and its officers, members, managers, employees, insurers, agents, representatives, successors and assigns, (collectively “Releasees”), from and against any claims, demands, damages, rights or action or cause of action, known or unknown, anticipated or unanticipated, and whether or not foreseeable, including without limitation for any injury or damages, including death, arising from or as a result of my participation in the virtual workshop or otherwise incurred on or with respect to the virtual workshop, including without limitation caused by the negligence of the Releasees.
I understand that my consent is given in consideration of being permitted to participate in the virtual workshop and agree that my participation is voluntary. I acknowledge that I am solely responsible for my personal health and safety. I understand and acknowledge that there are dangers, hazards and risks of injury or damages, some of which are inherent in my use of nail guns, staple guns, hammers, nails, saws, drills, screwdrivers, wrenches, pliers, sanders, ladders, paint, wood, metal, sharp objects, and other various workshop equipment (“Equipment”) during my participation in the virtual workshop. I understand that these dangers, hazards and risks, arising from my use of the Equipment and my participation in the virtual workshop, include but are not limited to the potential for SERIOUS BODILY INJURY, INCLUDING, BUT NOT LIMITED TO, PERMANENT DISABILITY, PARALYSIS AND DEATH, ACCIDENTS, ILLNESS, EQUIPMENT FAILURE, INADEQUATE SAFETY MEASURES, AND OTHER ACCIDENTS OR INCIDENTS THAT MAY RESULT IN INJURY OR DAMAGE (“Risks”). I understand and acknowledge that these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others conducting the virtual workshop or related activities, the conditions in which the virtual workshop takes place or through the negligence of any of the Releasees. I understand and acknowledge that there may be other risks or social and economic losses either known, not known or not readily foreseeable at this time, and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR ALL LOSSES, COST AND DAMAGES that I incur as a result of my participation in the virtual workshop.
I acknowledge and agree that if at any time I believe the conditions of the virtual workshop and related activities to be unsafe I will immediately discontinue any further participation in the virtual workshop or related activities.
I FURTHER AGREE THAT IF DESPITE THIS AGREEMENT I, OR ANYONE ON MY BEHALF, MAKES A CLAIM AGAINST ANY OF THE RELEASED PARTIES, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES AND THEIR INSURANCE CARRIERS FROM ANY LITIGATION EXPENSES, FEES INCLUDING COURT AND ATTORNEY, LOSS, LIABILITY, DAMAGE, OR COST WHICH RELEASED PARTIES MAY INCUR AS A RESULT OF SUCH CLAIM.
This Waiver and Release shall be construed under the laws of the state of New York. In the event any provision of this Waiver and Release is deemed unenforceable by law, (i) DON HAMBLIN HOME IMPROVEMENTS, LLC dba Project DIY Virtual Home Improvement Services shall have the right to modify such provision to the extent necessary to be deemed enforceable; and (ii) all other provisions of this Waiver and Release shall remain in full force and effect. Any action, claim or litigation relating to my participation, or otherwise relating to this Waiver and Release, shall be shall be venued in Ontario County, New York and I hereby irrevocably consent to such venue and submit to the exclusive personal jurisdiction of all courts therein.
I understand that I have given up substantial rights by signing this Waiver and Release, and have signed it freely and voluntarily without any inducement, assurance or guarantee being made to me and intend my signature to be a complete and unconditional release of liability to the greatest extent allowed by law.
Release Statement: I HAVE READ AND UNDERSTAND THE ABOVE WAIVER AND RELEASE. I AFFIRM THAT I AM AT LEAST 18 YEARS OF AGE.