In consideration of being allowed to make use of Electric City Barn (Albany Barn, Inc.)’s (“ECB”) facilities, materials, equipment, and tools, the unsigned acknowledges and agrees: *1. ECB is an inherently dangerous environment, and provides access to tools, materials, and equipment which can cause damage to personal property, as well as serious injury or death, including without limitation, and only by way of example, injuries from trips, slips and falls; cuts, broken bones, burns, and wounds to hands, head, feet, eyes and other body parts; serious personal injury and illness, paralysis, permanent disability, death; electrical shock; impalement; exposure to dust, fumes, smoke, noise, and vibrations; injuries due to the actions, omissions, or negligence of other users or personnel or vendors, or due to defective or inadequate facilities, equipment, tools, machinery, materials, or due to inadequate maintenance or repair, training, instructions, supervision, first aid and medical treatment, or safety gear.
*2. Use of ECB’s facilities, tools, equipment, and materials is completely voluntary. BY SIGNING BELOW, I ASSUME FULL RESPONSIBILITY FOR ANY LOSS, DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, THAT I MAY SUSTAIN, OR ANY LOSS OR DAMAGE OF PROPERTY I OWN, WHILE PRESENT AT ELECTRIC CITY BARN, REGARDLESS OF THE CAUSE OF SUCH LOSS, DAMAGE, AND/OR INJURY.
*3. With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, and discharge ECB, Raise the Barn, Inc., Albany Barn, Inc., their board members, committee members, officers, agents, servants, independent contractors, affiliates, employees, successors, and assigns (collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of, or related to any, loss, damage, or injury, including death, that may be sustained by me or any of the property belonging to me, whether caused by the negligence, gross negligence, recklessness, or intentional actions or omissions of the Released Parties, any third-party using ECB, or otherwise, while in, on, around, and/or while using, any ECB facilities, tools, equipment, or materials.
*4. I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, causes or action, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly against any of the Released Parties due to bodily injury, death, property damage, loss of use, monetary loss, or any other injury related in any way to ECB’s facilities, tools, equipment, or materials, whether caused by the intentional actions or omissions, gross negligence, recklessness, and/or negligence of the Released Parties or others.
*5. By signing below, I acknowledge and represent that I have read the foregoing Liability Waiver, understand it, and sign it voluntarily as my own free act and deed. I am sufficiently informed about the risks involved in using ECB to decide whether to sign this document, and no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made. I am at least eighteen (18) years of age and fully competent, and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Liability Waiver shall be governed by and construed in accordance with New York Law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Liability Waiver as a whole.
*6. This Liability Waiver shall become effective upon my execution of the same, and shall remain in effect for the statute(s) of limitations applicable to any claim(s), cause(s) of action, lawsuit(s), or other legal recourse against the Released Parties.
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