Liability Waiver, Release and Indemnification Agreement

I further understand and agree that:

1. This release is intended to discharge in advance SMASHED CLAY CO., its owners, officers, employees, contractors, directors, agents and successors from and against any and all liability, except for their sole negligence or intentional acts, connected in any way with my participation or my minor children’s participation in SMASHED CLAY CO. activities;

2. Such activities may be of a hazardous, strenuous, and/or physical nature, cause injuries and participation in said activities may result in injury, death or property damage;

3. California Proposition 65 warning; Products used at the studio can expose you to chemicals, including crystalline silica, which is known to the State of California to cause cancer or birth defects or other reproductive harm. For more information, go to www.p65warnings.ca.gov.

4. Knowing the risk involved, nevertheless, I voluntarily request permission for myself or my minor child to participate in said activities;

5. I hereby assume any and all risks of injury, death or property damage and to release and hold harmless SMASHED CLAY CO., its officers, employees, contractors & agents, except for their sole negligence or intentional acts;

6. This waiver, release and assumption of risk is binding on me and my heirs and assigns;

7. I will indemnify and hold SMASHED CLAY CO. harmless from any loss, liability, damage, cost or expense, including litigation, which it may incur as a result of any injury and/or property damage which myself or my minor children may sustain while participating in said activities;

8. I will compensate any loss, damage, or cost SMASHED CLAY CO. may incur if any litigation arises due to any claim made by myself, said minors, or by anyone on said minor’s behalf;

9. Activities are not child care.;

10. SMASHED CLAY CO. is not responsible for unattended children on the premises;

11. I expressly allow, and hereby waive any objection to, SMASHED CLAY CO. photographing and/or videotaping of me and/or my minor children when I and/or my minor children are participating in SMASHED CLAY CO. programs;

12. I understand and agree that all photographs and videotapes will remain the property of SMASHED CLAY CO., and that SMASHED CLAY CO. may use such photographs or videotapes for archival and promotional purposes.

COVID-19 LIABILITY RELEASE WAIVER

Due to the outbreak of COVID-19, we are doing everything we can to protect you, our clients, community and staff. We ask that our clients and customers disclose their heath history. Symptoms of COVID-19 include: Fever or chills, Cough, Shortness of breath or difficulty breathing, Fatigue, Muscle or body aches, Headache, New loss of taste or smell, Sore throat, Congestion or runny nose, Nausea or vomiting, Diarrhea.

I agree to the following:

• I, nor members of my household, have not experienced any of the symptoms listed above within the last 14 days.

• I, nor members of my household, have not travelled internationally in the last 14 days.

• I, nor members of my household, do not believe that we have been exposed to someone with a suspected and/or confirmed case of COVID-19.

• I, nor members of my household, have not been diagnosed with COVID-19 within the last 30 days.

• If I take any steps to make a claim for damages against SMASHED CLAY CO., its agents, employees, contractors or any other released parties, I shall be obligated to pay for all attorney’s fees and cost incurred as a result of such claim.

I have carefully read this Waiver of Liability, Photography/Videotape Release, COVID19 Release and Indemnification Agreement and fully understand its contents. I am aware that this is a release of liability and a contract between myself and SMASHED CLAY CO., and that I sign it of my own free will.