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This Workshop Consent, Waiver and Release of Liability (this “Release”) is made by and between Triumph Financial (“Triumph”) and the undersigned guest, collectively along with any and all minors accompanying the undersigned guest (collectively, the “Guest”), in connection with Guest’s entry onto, presence at, and actions taken while on or around that certain property and facilities made available by Triumph at 2501 Burbank Street in Dallas, Texas (the “Property”). The Property has been made available for the purpose of facilitating Guest’s use of creative spaces, equipment, tools, training and other resources including without limitation welding and metal fabrication, woodworking, digital fabrication, textiles, sewing and leathercraft.
In consideration for Triumph’s agreement to allow the Guest on the Property, Guest acknowledges that the activities conducted and the tools and equipment used at the Property are inherently dangerous and that he/she is assuming any and all risk by being present on and having access to the Property and Guest hereby agrees to release, indemnify, defend, save and hold harmless Triumph and Triumph’s, owners, officers, directors, employees, contractors, agents, representatives and any of their successors, and assigns from and against any and all actual, threatened, or potential claims, rights, counterclaims, liens, controversies, obligations, agreements, executions, debts, covenants, suits, causes of action, actions, demands, liabilities, losses, damages, assessments, judgments, fines, penalties, accounts, costs and expenses, known or unknown, direct or indirect, at law or in equity (including, without limitation, reasonable attorneys’ fees and other professional fees of attorneys and professionals selected by Guest), whether incurred in connection with any investigation, non-judicial, quasi-judicial, judicial, mediative, arbitrative, or administrative actions or proceedings or otherwise (including pretrial, trial, appellate, administrative, bankruptcy or insolvency proceedings) or in settlement or in any other proceeding and whether or not suit was filed thereon, (collectively, “Claims” and individually, a “Claim”), caused by, arising from or related to, whether directly or indirectly (i) personal injury, death or property damage suffered by any person (including Guest) in any way connected to Guest’s activities or presence on or around the Property, and/or (ii) any violation by Guest of Triumph’s policies, procedures, rules and guidelines or of any applicable laws, ordinances, statutes, codes, rules, regulations, judgments, orders or decrees, EVEN IF ANY OF THE FOREGOING UNDER THIS PARAGRAPH ARISES FROM THE NEGLIGENCE OR MISCONDUCT OR ALLEGED NEGLIGENCE OR MISCONDUCT OF TRIUMPH.
Guest’s signature below, which may be made and delivered in person or by electronic means (including Docusign) signifies that Guest (i) has read this Release, (ii) fully understands the terms, conditions, and implications of entering into this Release and agrees to the terms and conditions set forth in the Release, (iii) that the Guest is 18 years old or older, and (iv) Guest authorizes Triumph to use photographs of Guest taken in and around the Property on Triumph’s website, social media and other marketing materials. Minor children, under the age of 18 years old, shall be listed as a Guest below, and this Release must be signed by their parent or legal guardian. The parent or legal guardian accepts and agrees to all terms and conditions of this Release on behalf of the minor by signing below.