This Waiver and Release of Liability (the "Agreement") is entered into by and between Ausüal Studios, a Wave Entertainment Corporation ("Ausüal"), and the undersigned individual (the "Participant").
1. DEFINITION OF PREMISES:
For the purposes of this Agreement, "the premises" refers to Ausüal's Studio Suite, located at 55 Washington Street, Suite 506, Brooklyn, NY 11201, as well as the entire building under Two Trees, 55 Washington Street, Brooklyn, NY 11201.
2. PROPERTY AND EQUIPMENT:
The Participant assumes full responsibility for any damage to or theft of, but not limited to, the property, equipment, furniture, or technology belonging to Ausüal within the premises incurred during their presence in the space. This responsibility extends to the Participant's actions and the actions of any guests they invite to the space.
3. RELEASE FROM LIABILITY:
The Participant hereby releases Ausüal from any and all liability for injuries, losses, or damages arising from their use of the space within the premises, excluding those resulting from Ausüal's negligence or fault. This release includes but is not limited to injuries or damages sustained by the Participant or any guests they bring to the space.
4. ASSUMPTION OF RISK:
The Participant acknowledges and agrees that the use of Ausüal's space within the premises involves inherent risks, including, but not limited to, the risk of personal injury, property damage, and theft. The Participant understands that engaging in activities within the space may pose certain dangers and assumes all associated risks willingly.
5. RESPONSIBILITY FOR GUESTS:
The Participant agrees to be fully responsible for the actions, behavior, and well-being of any individuals they invite to Ausüal's space within the premises. This responsibility encompasses ensuring that their guests are aware of and adhere to all terms and conditions outlined in this agreement, as well as any additional rules or guidelines provided by Ausüal.
6. GENERAL RULES:
The Participant agrees to abide by all general rules set forth by Ausüal within the premises, including but not limited to rules regarding respect, no smoking in the studio, suite, hallways, common areas, bathrooms, or on the rooftop, and any other rules specified and/or posted by Ausüal. Additionally, the Participant and their guests commit to complying with all posted signs within the building premises, including common areas and shared spaces.
7. INDEMNIFICATION:
The Participant agrees to indemnify and hold Ausüal Studios harmless from any claims, damages, losses, or expenses arising out of the Participant's use of the space within the premises, including any claims brought by their guests. The Participant further agrees n to indemnify Ausüal Studios from any claims that the building or other parties may have based on the Participant's actions. Additionally, the Participant agrees to indemnify Ausüal Studios from any claims that may be brought against the Participant by third parties while on the premises.
8. COMPLIANCE WITH LAWS, GOVERNING LAW:
The Participant agrees to comply with all applicable laws and regulations during their use of Ausüal's space within the premises. This Agreement shall be governed by and construed in accordance with the laws of the state of New York.