BARN Acknowledgement and Assumption of Risk, Waiver, Release from Liability and Indemnification Agreement

Adopted: June 26, 2025

Introduction

Engaging in BARN-sponsored activities or events, including without limitation courses, workshops, seminars, field trips, open studios, tours, and other activities (collectively, “Activities”) involves serious risks. The continued financial viability of BARN as a nonprofit organization makes it necessary for all participants, as a condition of participating in an Activity, to agree not to sue the Bainbridge Artisan Resource Network or its officers, directors, employees, volunteers, members, instructors, agents, and representatives (hereinafter, collectively “BARN”) if something goes wrong.

Please CAREFULLY READ this Acknowledgment and Assumption of Risk, Waiver, Release from Liability and Indemnification Agreement (“Agreement”) before signing. This Agreement is a contract. Its effect is to waive any claims you might have resulting from your participation in BARN Activities. It releases BARN from any liability resulting from your (or your minor child’s) participation in BARN Activities. The Agreement informs you about your risks and responsibilities, and your assumption of risks, and includes an indemnification/hold harmless agreement. It also confirms your responsibility to comply with BARN’s policies and procedures.

Although BARN provides some general safety training via studio orientations and focused training on the safe and proper use of specific equipment within applicable studios, each participant assumes responsibility for planning and performing work to ensure their own personal safety and the safety of others. Anyone who wants to participate in Activities needs to determine for themselves whether the risks involved are worth it.

Acknowledgment of Risk

I acknowledge that participating in Activities involves risks. Some risks are inherent in these Activities and cannot be eliminated or reduced without jeopardizing the essential qualities of the Activity. A variety of other risks also exist. These risks, hazards and dangers can cause injury, property damage, illness, mental or emotional trauma, paralysis, disability, or death. The following describes some, but not all, of those risks, hazards, and dangers:

1. Risks regarding equipment. 

Equipment used in an Activity, including without limitation blowtorches, saws, mills, lathes, sewing machines, power tools, drills, and ovens, may be misused or can break, malfunction, or fail.

2. Risks regarding exposure to hazardous substances.

Certain materials used in BARN Activities, including without limitation, solvents, flames, gasses, electricity, dust, and fumes may be hazardous to your health and could cause discomfort, inconvenience, serious and permanent injury or disability, death, and/or loss of or damage to personal property.

3. Risks regarding conduct.

There is the potential that participants or third parties (e.g. other participants, first responders, hospital staff) may act carelessly or recklessly or generally fail to exercise care. There is also the potential that other participants may fail to adhere to BARN’s Code of Conduct or other policies.

I understand that the above list is not complete and that other unknown or unanticipated risks, hazards and dangers may result in injury, damage, death or other loss.

I represent that I have no mental or physical problems or limitations that might compromise or affect my ability to participate in the Activities which have not been disclosed to BARN. I represent I am fully capable of participating in the Activities without causing harm to me or others.

I acknowledge that participating in the Activities requires a special degree of skill and knowledge different from other activities, and that I am responsible for my own safety. My participation in the Activities is purely voluntary, and I choose to participate in spite of and with knowledge of the risks.

Assumption of Risk and Consent for Treatment

I assume and accept full responsibility for the risks identified above, and for those risks not identified, in connection with my participation in any Activity. This includes without limitation the risks of serious injury or death, damage to property, or other damages to me or my family. I assume responsibility for my physical fitness and my capability to perform any Activity in which I am electing to participate. I understand that it is not the purpose of BARN to serve as the guardian of my safety. I also understand that if I am using my own equipment to participate in an Activity, I am responsible for its safety and good operating condition regardless of where I obtain it.

Should I require emergency medical treatment as a result of an accident or illness arising from participation in BARN Activities or on BARN premises, I consent to such treatment. I acknowledge that BARN does not purchase health and accident insurance for me. I agree to be financially responsible for any medical bills incurred as a result of using BARN facilities or on BARN premises.

Waiver and Release From Liability

I hereby state that I wish to participate in Activities. In consideration for the opportunity to do so, I agree to release BARN (as defined above) and waive any and all claims I might otherwise have for any harm, injury, or damage which may befall me while participating in an Activity. This includes any and all liability, claims, and causes of action arising out of or in any way connected with my participation in any Activity. This release includes but is not limited to all liability for claims and causes of action in any way connected to property owned or leased by BARN, or the actions or inactions of BARN.

Indemnification/Hold Harmless

I agree to save and hold harmless BARN from any claim by me, or my family, estate, heirs or assigns caused by or arising out of my enrollment and participation in an Activity, to the maximum extent permitted by law.

I agree to indemnify (compensate) BARN for any expenses, costs, or charges incurred by BARN as a result of any harm, injury, or damage which may befall me while participating in an Activity. This includes all risks connected therewith, whether foreseen or unforeseen.

My Compliance

I agree to comply with all relevant BARN policies, including the Code of Conduct, Youth and Vulnerable Adult Protection Policy, and Incident Resolution Policy, which are affirmed and approved by the BARN Board of Directors.

Governing Law, Jurisdiction and Venue

The laws of the state of Washington shall govern this Agreement. The state or federal courts located in Kitsap County, Washington shall have exclusive jurisdiction to hear any claim brought against BARN.

Binding Agreement

The terms of this Agreement shall serve as a release, hold harmless, and indemnity agreement for my heirs, personal representatives, and for all members of my family, including any minors. This Agreement shall legally bind me, and my family members, spouse, estate, heirs, administrators, or personal representatives.

Severability

If a court decides that any part of this Agreement cannot be enforced, such portion shall be changed in the most minimum possible way to ensure its enforceability. If the unenforceable part cannot legally be changed, it will be severed, but the rest of this Agreement will remain in effect.

I have had sufficient opportunity to read this Agreement and seek independent advice if I have any questions. I sign it voluntarily, without any inducement, assurance, or guarantee being made to me. I have CAREFULLY read and understood this entire document, and have fully informed myself of its contents. I understand that by signing this Agreement I have given up substantial rights that I otherwise may have had. I AGREE TO BE BOUND BY ALL OF THE TERMS ABOVE. I INTEND THIS AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

Parent/Guardian Consent

If the participant in a BARN Activity is either under 18 years old or does not have legal capacity to enter into this Agreement (“YOUTH OR VULNERABLE PARTICIPANT”), the signer of this Agreement (“PARENT/GUARDIAN”) represents and warrants that they are the legal guardian of the YOUTH OR VULNERABLE PARTICIPANT and that PARENT/GUARDIAN has read, understands, and has shared the pertinent information above with the YOUTH OR VULNERABLE PARTICIPANT. PARENT/GUARDIAN consents to the YOUTH OR VULNERABLE PARTICIPANT using BARN equipment and/or participating in BARN Activities. PARENT/GUARDIAN fully enters into and agrees, individually and on behalf of the YOUTH OR VULNERABLE PARTICIPANT, to all terms of this Agreement.