Waiver and Release of Liability – Member Storage

I understand that MAKE Santa Fe has neither intended nor designed its premises to be used as a storage facility for members or anyone else, and I acknowledge that MAKE Santa Fe does not make any warranty or representation of any kind regarding the storage containers or the security of the Belongings.

I acknowledge and agree that MAKE Santa Fe will have no responsibility for the safekeeping of the Belongings and that such storage does not create any type of bailment or related obligations on the part of MAKE Santa Fe. Therefore, I agree to assume full responsibility for, and risk of, property damage while I store the Belongings at MAKE Santa Fe.

I acknowledge that MAKE Santa Fe’s insurance will not insure the Belongings against damage, theft, casualty, or loss of any kind. I further understand and acknowledge that it is entirely my responsibility to obtain insurance for the Belongings while they are in storage at MAKE Santa Fe if I so desire.

I agree to and do hereby release, acquit, forever discharge, and covenant not to sue MAKE Santa Fe and/or its directors, officers, employees, trustees, and agents (collectively, “Releasees”) from any and all liability to me, my personal representative, heirs, and next of kin for any loss, theft, damage (including from mold or mildew), destruction, claim, demands, costs, and expenses (including reasonable attorney’s fees) in connection with my storage of the Belongings at MAKE Santa Fe.

I understand and hereby acknowledge that if the Belongings are damaged, lost, stolen, or destroyed for any reason or by any cause, including but not limited to acts of God, nature, weather, fire, theft, or otherwise, my only recourse will be any insurance that I have secured.

I agree to indemnify and hold harmless MAKE Santa Fe and Releasees from any loss, liability, theft, damage, or cost that may be incurred (including damage that the Belongings may cause to third-party property) due to my storage of the Belongings at MAKE Santa Fe.

I agree to abide by all applicable laws and MAKE Santa Fe policies in connection with my storage of the Belongings at MAKE Santa Fe. I acknowledge that the following represents a non-exclusive list of items that are prohibited in storage: perishable food items, firecrackers, fireworks, ammunition, weapons, firearms or other guns, candles, incense, flammable liquids (including BBQ fluid), flammable sprays, aerosols, BBQ’s, illicit drugs, cigarettes, alcohol, and drug paraphernalia.

I understand and hereby acknowledge that any inspection by MAKE Santa Fe or its representatives of the property on which the Belongings are stored is solely for the benefit of MAKE Santa Fe and not for my benefit or on my behalf.

I agree that the Belongings may be presumed by MAKE Santa Fe to be abandoned if they remain on MAKE Santa Fe property more than five (5) days past the final storage date. The final storage date is the day my MAKE Santa Fe membership storage fee lapses or becomes unpaid unless another agreement has been arranged in writing with MAKE Santa Fe.

MAKE Santa Fe may dispose of abandoned Belongings determined by MAKE Santa Fe to be of no value; otherwise, MAKE Santa Fe, after making reasonable efforts to notify me by email of the abandoned Belongings (but no earlier than five (5) days thereafter), and at its sole discretion, may sell, donate, or otherwise dispose of the abandoned Belongings. MAKE Santa Fe will assume possession of the Proceeds from any sale.

I agree to provide a contact person and a phone number in my absence so that, in the event of an emergency, the contact person will be responsible for the Belongings.

I agree to provide a contact person and a phone number in my absence so that, in the event of an emergency, the contact person will be responsible for the Belongings.

I further expressly agree that this Release, Waiver, and Indemnity Agreement is intended to be as broad and inclusive as permitted by the law, and if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. In the event of any cause of action, the laws of the State of New Mexico apply, and the jurisdiction lies with the state or federal courts of New Mexico.

I understand that my shortage space will remain clean and well-organized. I understand that my storage may be visible to the public and that it must represent MAKE Santa Fe is the best possible light. I understand that as a member storing materials at MAKE Santa Fe I have an obligation to represent MAKE Santa Fe in the best way I can. This includes presenting MAKE Santa Fe as a clean and organized space.

Assume responsibility for securing the locker by keeping all materials locked or secured at all times.

Agree not to store anything that may emit odors, secrete liquids or otherwise be dangerous or hazardous in nature;

Understand that possession of any item deemed illegal, dangerous, or hazardous is strictly prohibited for storage at MAKE Santa Fe;

Understand that sharing of the locker, and/or storage space is STRICTLY PROHIBITED and that MAKE Santa Fe shall not be liable for any loss due to sharing;

Agree not to loan, transfer, give possession for misuse, modify or alter the storage space in any way without written permission from MAKE Santa Fe.

Agree that MAKE Santa Fe reserves the right to terminate this Agreement at any time at its discretion for any violations and/or misconduct;