Above & Below

Seaport Studios and Engineered Artworks
4925 Seaport Avenue, Richmond, CA 94804

Thank you for volunteering with Seaport Studios and Engineered Artworks. By signing this form, you agree to comply with any and all rules, regulations, terms, and conditions of Seaport Studios and Engineered Artworks, including but not limited to this Volunteer Release and Waiver of Liability (the "Agreement").

1. Donated Services. I understand that Seaport Studios and Engineered Artworks (each a "Studio Entity," and collectively the "Studio") design, fabricate, install, and produce engineered artworks and related projects (each, a "Project"). I desire to contribute to and participate in the building, fabrication, installation, transport, and creation of Projects. I acknowledge that the Studio is willing to permit me to participate in consideration of my providing the release and waiver of liability set forth in this Agreement.

2. No Employment Relationship. I understand that I am not an employee or independent contractor of the Studio, and that my relationship with the Studio is solely as a provider of volunteer and gifted services in connection with the Studio's Projects.

3. Waiver and Release. On behalf of myself, my heirs, executors, administrators, and assigns, I hereby forever waive, release, discharge, hold harmless, and agree not to sue Seaport Studios, Engineered Artworks, or any of their respective parents, subsidiaries, affiliates, owners, members, directors, officers, managers, leads, employees, volunteers, representatives, agents, contractors, and subcontractors; other participants, sponsors, and affiliates; and the owners and lessors of any equipment and premises used to design, construct, organize, transport, install, fundraise for, or otherwise support any Project (collectively the "Releasees"), of any and all liability, claims, and demands of whatever kind or nature, either in law or equity, for (without limitation) damages, injuries, losses, liabilities, and expenses which I may have or which may subsequently accrue to me, relating to, resulting from, and/or arising out of my participation as a volunteer for any Project, including any programs, events, or activities, and including any injury or damage to my person or property, or to that of any other person or property — even if caused in whole or in part by the action, inaction, negligence, or strict liability of any of the Releasees. I agree to indemnify, defend, and hold the Releasees harmless from and against any and all claims by third parties for damages, injuries, losses, liabilities, and expenses relating to, resulting from, or arising out of my participation in any Project. I acknowledge that certain tools used and certain activities that are part of this voluntary activity are inherently dangerous, and I assume the risk of engaging in such activities. I intend that the waiver and release of liability contained in this Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

4. No Compensation or Benefits. I understand that the Studio assumes no responsibility for or obligation to provide me with any compensation, benefits, or other assistance, including but not limited to medical, health, or disability benefits or insurance. I expressly waive any such claim for compensation or benefits.

5. No Medical Treatment. I certify that in the event I am injured or become ill while providing services for any Project, the Studio will not be liable for any medical services required by me. In the event that any individual on site provides emergency first-aid treatment, I release and discharge them from any claim whatsoever which arises or may hereafter arise on account of any such first-aid or other medical services.

6. ASSUMPTION OF RISK. I UNDERSTAND THAT THE SERVICES I MAY PROVIDE FOR ANY PROJECT MAY INCLUDE ACTIVITIES THAT ARE HAZARDOUS AND INHERENTLY DANGEROUS, INCLUDING WITHOUT LIMITATION: METAL AND WOOD FABRICATION; WELDING, CUTTING, AND GRINDING; USE OF POWER TOOLS AND HAND TOOLS; OPERATION OF AND WORK IN PROXIMITY TO HEAVY EQUIPMENT (INCLUDING FORKLIFTS, SCISSOR LIFTS, BOOM LIFTS, AND CRANES); RIGGING AND HOISTING; WORKING AT HEIGHT; ELECTRICAL WORK; USE OF SOLVENTS, ADHESIVES, PAINTS, AND OTHER HAZARDOUS MATERIALS; LIFTING AND HAULING; USE OF PERSONAL VEHICLES; AND TRAVEL TO AND FROM INSTALLATION SITES. I EXPRESSLY ASSUME ANY AND ALL RISKS OF INJURY, ILLNESS, DISABILITY, OR DEATH ARISING FROM THESE ACTIVITIES, WHETHER KNOWN OR UNKNOWN, AND RELEASE THE STUDIO AND ALL OTHER RELEASEES FROM ALL LIABILITY WITH RESPECT TO THEM, INCLUDING LIABILITY ARISING FROM THE NEGLIGENCE OF ANY RELEASEE.

7. Safety Compliance. I agree to: (a) wear all personal protective equipment ("PPE") required for the work being performed; (b) follow all safety instructions, signage, and Studio rules; (c) not operate any equipment for which I have not received instruction or for which licensure or certification is legally required and which I do not possess; and (d) not perform any work while under the influence of alcohol, illegal drugs, or any prescription or over-the-counter medication that could impair my ability to work safely.

8. Physical Fitness. I represent that I am physically and mentally capable of safely performing the volunteer activities I undertake, and I will promptly inform the Studio of any condition, injury, or limitation that may affect my ability to do so.

9. Photographic Release. I understand that photographs, video, and audio may be recorded and disseminated about the building and creation of Projects, and I grant and convey to the Studio all right, title, and interest in any and all photographs, images, video, or audio recordings of me or my likeness or voice made by or on behalf of the Studio in connection with my providing services for any Project.

10. Miscellaneous. I acknowledge that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of California, and this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. The venue for any court action arising out of or relating to this Agreement shall be in Contra Costa County, California. In the event that any clause or provision of this Agreement is deemed invalid, the enforceability of the remaining provisions of this Agreement shall not be affected. This Agreement may not be modified orally; no oral representations, statements, or inducements apart from this Agreement have been made to me by the Studio or any other Releasee.

I ACKNOWLEDGE BY SIGNING BELOW THAT I HAVE READ, UNDERSTAND, AND WILL COMPLY WITH THE TERMS SET FORTH HEREIN. I FURTHER ACKNOWLEDGE THAT I AM GIVING UP ANY RIGHT TO SUE SEAPORT STUDIOS, ENGINEERED ARTWORKS, OR ANY OF THEIR RESPECTIVE OWNERS, MANAGERS, EMPLOYEES, CONTRACTORS, OR ANY OTHER INDIVIDUAL OR ENTITY RELATED TO ANY PROJECT. I ACKNOWLEDGE THAT MY PARTICIPATION IS ENTIRELY VOLUNTARY AND THAT I HAVE HAD A FULL OPPORTUNITY TO CONSIDER THE IMPACT THAT SIGNING THIS AGREEMENT HAS ON MY LEGAL RIGHTS.