Version: 1.0 | Last Updated: January 2025
THIS IS A RELEASE OF LIABILITY AND WAIVER OF RIGHTS. READ CAREFULLY BEFORE ACCEPTING.
BY SIGNING UP FOR AN ACCOUNT AND BOOKING A SESSION, THE CUSTOMER (DEFINED BELOW) AND ALL MEMBERS OF THEIR PARTY ACKNOWLEDGE THESE RISKS AND WAIVE THE RIGHT TO SUE AUCTORLABS LLC OR ITS EMPLOYEES FOR INJURIES SUSTAINED DURING PARTICIPATION.
This Assumption of Risk and Waiver of Liability Agreement (the "Waiver") is entered into by the undersigned Customer and all attending Party Members (collectively, the "Participants") on behalf of themselves and their legal representatives, heirs, or assigns (the "Releasing Parties") in favor of AuctorLabs LLC, located in Mason, Ohio, and its employees, agents, representatives, successors, heirs, and affiliates (the "Released Parties").
1.1. Inherent Risks of Workshop Activities: The Participants acknowledge that engagement in AuctorLabs workshop activities, including assembly of electronics projects and use of computing equipment, carries inherent risks of injury.
1.2. Specific Risks Identified: Although all activities use low-voltage DC power (9V maximum) from batteries, the inherent risks include, but are not limited to:
1.3. Express Assumption of Risk: The Participants expressly, willingly, and voluntarily assume full responsibility for all risks of any and every kind involved with or arising from participation in the workshop activities. The Participants acknowledge that these risks may be caused by the negligence of the Released Parties or by accidents, and the Participants assume all such risks and dangers.
2.1. Waiver of Liability for Negligence: In consideration for being permitted to participate in the activities of AuctorLabs LLC, the Customer, both individually and on behalf of all Participants in their Party, hereby irrevocably release and hold harmless the Released Parties from any and all claims, rights, demands, or causes of action, whether known or unknown, suspected or unsuspected, arising out of the negligence (ordinary negligence) or fault of the Released Parties, resulting from injury, property damage, wrongful death, or loss sustained during participation in the workshop activities.
2.2. Exclusion of Willful Misconduct: This Waiver and Release is intended to apply to ordinary negligence only. This release does not apply to and cannot release liability for willful or wanton conduct or gross negligence of the Released Parties, as such agreements are generally void on public policy grounds in Ohio and elsewhere.
2.3. Binding Nature (Freedom of Contract): The Participants acknowledge making a "conscious choice" to contractually relieve the operator of liability for injuries that might be negligently caused. This release is executed under a theory of freedom of contract, which is fundamental in Ohio society. The explicit intent is to clearly and unequivocally express the intent to release the Released Parties from liability for negligence.
3.1. Responsibility for Minors (Under Age 18): If the Customer is signing this Waiver for a minor (under the age of 18), the Customer affirms they are the parent or legal guardian and accept full responsibility for the safety, conduct, and supervision of the minor. The Customer acknowledges that minors generally cannot sign away their rights, and thus, the Customer is signing this Waiver on the minor's behalf and agrees to assume all associated risks and liabilities for that minor's participation.
3.2. Indemnification (Hold Harmless): The Customer agrees to hold harmless and indemnify the Released Parties against any losses, liabilities, and claims arising out of or relating to the Participants' involvement in the activities. This specifically includes waiving any right to sue AuctorLabs LLC or its employees for injuries sustained by any party member during participation.
4.1. Dispute Resolution: In the event of a dispute arising out of or related to this Agreement (excluding claims for willful or wanton misconduct), the parties agree to resolve the dispute through binding arbitration administered in Ohio.
4.2. Waiver of Class Action: The parties agree to waive any right to bring or participate in a class action lawsuit against the Released Parties concerning any covered dispute arising from this Agreement or the workshop activities. Disputes must be brought solely in the Participant's individual capacity.
Note on Arbitration/Class Action Waivers: While courts may enforce arbitration clauses in many civil contexts, their enforceability, particularly regarding class action waivers in consumer contracts, has been controversial and subject to ongoing judicial challenge and interpretation, especially where public policy concerns or gross negligence are involved. Contractual terms cannot supersede the law if an illegal act is committed.
By electronically or physically accepting this document, the Customer acknowledges they have read this Waiver in full, understand its terms, and agree to be bound by them. The Customer affirms that they understand that they are giving up substantial legal rights, including the right to sue AuctorLabs LLC or its employees for injuries sustained during participation.