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SPLINTER ART & COMMUNITY FUND
Release and Waiver of Liability

READ CAREFULLY – THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS

PLEASE NOTE:  ENTER THE NAME YOU WANT TO BE CALLED INTO THE NAME FIELDS BELOW! WE DO NOT NEED YOUR LEGAL/GOVERNMENT OR DEAD NAME! 

Splinter Collective is a unique, supportive and expressive place. Participating in activities at Splinter, as with anything in our world, carries with it certain dangers. This document outlines some of the specific risks associated with our space so you can make informed decisions regarding specific activities and offerings. We want you to be aware of this so that you can fully experience what Splinter has to offer, take opportunities to stretch and grow, and feel valued and supported as a community member. 

I enter into this release and waiver of liability in connection with being onsite at any Splinter Art and Community Fund property and/or participating in any community event, observing any show or exhibition, participating in any workshop, or receiving any form of assistance on site including medical care (collectively, the “Activities” or “Activity”).

This release and waiver equally applies to my entering or exiting any facility operated by Splinter Art and Community Fund including the location at 901 North 13th Avenue in Tucson (aka Chukson), Arizona and whether my participation in the Activities occurs at a Splinter Art and Community Fund facility or not and whether inside or outside. This release and waiver also covers any associated parking areas associated with any Splinter Art and Community Fund property or event. I agree to the following:

I alone assume all risks associated with being on, entering, or exiting a Splinter Art and Community Fund premises and with participating in any Splinter Art and Community Fund Activity. Those risks include but are not limited to injuries from slipping or tripping anywhere on the premises including the all-gender bathrooms; falling; overexertion; injuries from tools, circus equipment (including but not limited to aerial silks, hoops, hammock, lyra, trapeze, pole, straps and related equipment); from falling from, tripping into, or running into a pole; bodily injury (specifically, eye injuries) from bands; collisions or verbal/physical altercations with other community members and/or staff; alleged negligent maintenance, instruction, or hiring; from slipping/tripping and falling due to allegedly insufficient lighting; from my decision to climb on any structure; from miscarriage or other pregnancy related complications; from allegedly negligent cleaning, construction, or building/facility maintenance; from equipment (including but not limited to the sudden, unforeseen malfunctioning of any equipment); from aggravation of a pre-existing injury; from a negative reaction to any food or beverage provided; from other participants in the Activities; from any interaction with a Splinter Art and Community Fund staff member or volunteer; from an allergic or chemical reaction to any agent and/or cleaner; or from the contraction of any illness, disease, condition, or infection from this premises or allegedly, our staff or other community members. I acknowledge that these injuries could be psychological, emotional, or physical and that they could be minor or significant (including death).

I understand that any circus/aerial activity is inherently dangerous and that these risks cannot be eliminated without jeopardizing the essential qualities of this activity. This training exposes community members to risks of cuts and bruises, sprains, strains, and more significant injuries from falling. I understand that these Activities are usually, but not always, monitored by Splinter Collective staff/instructors (members are often given space to further their training on an individual basis); I acknowledge that it is not possible for such staff to monitor the activities and actions of all participants at all times. I expressly agree that I alone will accept all risks of injuries and/or death to me or any minor in my care while on this property and/or participating in these Activities. 

I agree to follow all safety directions provided by our staff.

I understand that the Activities may involve myself or other participants consuming alcohol. I accept any and all risks stemming from my consumption of alcohol as well as from other members’ consumption of alcohol. If I am suffering from any relevant medical condition, it is my responsibility to inform a Splinter Art and Community Fund instructor or staff member in writing before participating in any relevant Activity or event.  

In consideration of my participation in these Splinter Art and Community Fund Activities, I agree not to hold Splinter Art and Community Fund d/b/a Splinter Collective, Splinter Collective, LLC, Parallax Holdings, LLC, their volunteers, employees, owners, officers, independent contractors, Natalie Brewster Nguyen or Keith Gunnar Bentele (collectively, the “Released Parties”) liable in any respect for negligence stemming from any injury or death stemming from or related to any of the aforementioned Activities or risks enumerated in this agreement of which I have explicitly been made aware and for which I have assumed sole legal responsibility. Accordingly, I do hereby forever release and discharge the Released Parties from any and all claims or causes of action to the fullest extent allowable by law.

I understand that the Released Parties are not responsible for any loss of personal property. I further understand that by participating in these Activities with Splinter Art and Community Fund that I am consenting to be depicted in photographs and video for marketing purposes.

I understand that, except to request a monetary refund for that particular event, I have no claim against the Released Parties by reason of their refusal to allow me to participate in any Activity or event. I acknowledge and understand that no employee or agent of Splinter Art and Community Fund is a licensed dietitian, physician, or physical therapist, and that any products, services, information, guidelines, or advice provided by Splinter Art and Community Fund shall not be construed as dietary, medical, or rehabilitative advice or as treatment for any medical or physiological condition, pathology, or disability, and that they carry no express or implied warranty of any kind, including, but not limited to, warranties regarding safety or suitability for a particular purpose. It is my responsibility to look out for my own safety at all times.

I agree to indemnify, defend, and hold harmless the Released Parties against any claims, liability, damages, defense costs (including attorneys’ fees), and any other costs incurred in connection with claims for bodily injury, wrongful death, loss of consortium or property damage arising out of or otherwise related to my participation in these Activities. I agree that if I (on my own behalf or on behalf of another, including an estate) assert a claim (including a claim for negligence or wrongful death) against any of the Released Parties and/or otherwise breach my agreement not to sue any of the Released Parties, I will pay all reasonable fees (including attorneys’ fees), costs, and expenses incurred by said Released Parties to defend (1) the claim; and (2) all other claims arising out of the same facts as the claim.  

To the extent applicable, I consent to my minor child (“the Minor”) participating in these Activities. I know that these Activities carry specific risks identified in this agreement and I believe the Minor is qualified and of the appropriate age to participate in these Activities. If, despite this release, I, the Minor, or anyone on the Minor’s behalf, makes a claim against any of the Released Parties, I agree to defend, indemnify, and hold harmless the Released Parties from any litigation expenses, attorneys fees, costs, loss, liability, or damages they incur whether the claim is based in negligence or otherwise.

The validity, enforcement, construction, and interpretation of this agreement shall be governed by Arizona law. Any action or proceeding arising in connection with this agreement and/or with the undersigned’s participation in any session or event with Splinter Art and Community Fund or from being on its premises or against Splinter Art and Community Fund in any respect, can only be brought in Pima County, Arizona. All parties to this agreement waive any objection to the jurisdiction of these courts whether based on convenience or otherwise.

By signing this agreement, you acknowledge that you have read and agree to the terms of the Splinter Collective Membership Agreement (a separate document).

If any provision or part-provision of this Release is or becomes invalid, illegal, or unenforceable, this Release shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement. By signing this release, I acknowledge that I understand its contents and that this release cannot be orally modified. I voluntarily agree to the terms and conditions stated above. I sign this agreement on my own behalf and, if applicable, on behalf of the Minor.