Blacksmith Student Liability Waiver and Agreement

By signing below, I, the blacksmith student acknowledge that entry into this agreement (“Agreement”) is in consideration of my participation as a student at the Templeton Historical Museum (THM), and confirm my understanding and agreement to:

Policies and Safety Rules
I will comply with THM’s student policies, safety rules, conduct expectations, and other directions. I understand that THM does not tolerate bullying, harassment, threatening behavior, or violence of any kind and that noncompliance may result in termination of my student status.

Student Not an Employee

I understand that (a) I am not an employee of THM, (b) I will not be paid for my participation, and (c) I am not covered by or eligible for any THM insurance, health care, worker’s compensation, or other benefits. I understand that THM may terminate my student status at any time, for any or no reason.

Risks Associated with Blacksmithing
Blacksmithing has risks. These risks may arise in a variety of ways. They include, without limitation: my lifting heavy objects or otherwise exerting myself, using hot or sharp objects or other tools, being exposed to dust, loud noises, fire and interacting with and being in the presence of other students, visitors and other people. I understand that these risks include risks of injury, illness, death, and property damage or loss, and that they may arise from my own actions or from the actions of others at or near THM facilities or encountered when traveling for THM activities offsite. I also understand that even if THM, I, and other persons present at THM facilities follow all health and safety protocols, I may still be exposed to COVID-19 or other infectious diseases.

Awareness and Assumption of Risk
I understand the information above, and confirm and acknowledge that these are risks associated with blacksmithing. With such information and awareness, and with the recognition that other factors may create additional such risks, I knowingly, freely, and voluntarily: (a) sign up as a blacksmithing student; (b) engage in student activities; and (c) assume and accept the risks of all injury, death, property damage or loss, financial obligation, loss of privacy, loss of reputation, and all other injuries and other consequences, whether known or unknown, whether foreseen or unforeseeable, and whether incurred at THM facilities or elsewhere, that may result, directly or indirectly, from my presence at THM facilities or participation as a blacksmithing student, regardless of the cause.

Waiver and Release of Claims
I waive and release THM and its directors, officers, agents, employees, volunteers, and affiliates (collectively, “THM Parties”) from any and all liability, claims, costs, and expenses of any kind and of whatever nature which I or my heirs, next of kin, or legal representatives may have or which may later accrue, caused by or arising directly or indirectly from my presence at THM facilities or participation in THM activities. This release and waiver includes, in each such case, all claims in respect of the risks noted above, known and unknown, foreseen and unforeseeable, regardless of the cause or whether such claims arise from tort, contract, or otherwise, and even if caused by negligence, whether passive or active. I will not sue any of the THM Parties on the basis of these waived and released claims. I waive the protections of Section 1542 of the California Civil Code.

Disclosure of Medical Conditions
I understand that I am solely responsible for knowing my own physical condition and making my own decision about blacksmithing. I have disclosed all medications and conditions relevant to my participation to the instructors or other staff at THM, including chronic conditions such as asthma, allergies, seizures, or diabetes. I understand that THM needs such information because some medication side effects or medical conditions could affect my safety or that of others at THM. I consent to THM sharing this information with health professionals or first responders should I become ill or injured while at THM facilities.

Medical Care Consent and Waiver
I authorize THM to provide me with first aid and to arrange medical assistance, transportation, and emergency medical services for me if I get hurt while blacksmithing. I understand that THM is not obligated to provide this care. I also understand that I am solely responsible for any costs related to my medical treatment and transport, and that THM does not provide health, medical, disability, or other insurance coverage for me.

Confidentiality
I may have access to THM’s confidential information. At all times during and after my participation, I agree to hold any such confidential information in confidence and not disclose or use it except as THM expressly authorizes.

Assignment of Work Product
I grant full rights to THM in any reports, brochures, website content, photos, images, videos, or other materials or works I may create in the course of contestant activities, and any intellectual property rights in or derivatives of such materials.

Use by THM of My Name and Image
I understand that THM may take photos or videos of me. I consent to use by THM of my image, voice, name, and story, and of images of any works I may create as a contestant or volunteer (collectively, “Materials”), in THM’s digital and print promotional, fundraising, educational, and other communications. THM may use the Materials without obtaining my approval or paying me for such use. I grant THM all copyrights in and waive any legal claims relating to the Materials, including those relating to copyright, rights of publicity or privacy, or defamation, or arising from any distortion, blurring, or alteration that may occur in the making, editing, or use of Materials.

General Provisions
I understand that this Agreement will be binding for so long as I am a contestant at THM. This Agreement will run in favor of, and may be enforced by, each of the THM Parties, and will bind my heirs, next of kin, and legal representatives. This Agreement will be binding to the fullest extent permitted by law. If any provision of this Agreement is found to be unenforceable, the other terms remain effective. This Agreement will be governed by California law.

I affirm that I am of legal age and able to sign on my own behalf and am freely signing this Agreement. I have read this Agreement and fully understand that by signing this Agreement, I am giving up legal rights and remedies that may be available to me and to other persons.