The Clay Hole Guest Pass and Workshop Participant Agreement

1Guest and participant status eligibility and minors

The Clay Hole is a membership-based pottery and art studio that also permits specifically authorized guest visits, guest passes, workshops, classes, and events. This Agreement applies to the approved visit, workshop, event, or course identified in the participant information below, including its listed sessions and related authorized pickup or follow-up visits. Admission does not create a membership, recurring subscription, private shelf entitlement, or unrestricted access to regular classes, open studio, equipment, or member areas.

Admission is personal to the approved Participant and may not be transferred, shared, sold, loaned, or used by another person without the Studio's written approval. A purchaser, host, employer, or group organizer may not sign for another adult Participant. Each adult Participant must separately sign or electronically accept this Agreement before participating.

Minimum age depends on the activity. Workshops in The Artists Workshop are open to participants age 10 or older. Every workshop participant under age 18 must have a parent or legal guardian separately enrolled in the same workshop, actively participating and working alongside the minor throughout every session. These workshops do not provide drop-off childcare; a parent waiting elsewhere does not meet this requirement. Both the minor and the enrolled parent or legal guardian count as participants for registration and capacity purposes.

Guest passes for pottery classes remain limited to participants age 14 or older. A pottery-class guest ages 14 to 17 must have a parent or legal guardian physically present and directly supervising throughout the class. The workshop age minimum does not lower the pottery-class guest-pass minimum. Age is determined on the date of participation. All minors must also meet the following requirements.

• a. The Studio has expressly approved both the minor's participation and the parent or legal guardian's presence for the applicable activity. An active membership is not required solely to supervise an approved pottery-class guest or accompany a minor in a workshop; the parent or legal guardian must still enroll as a participant in the same workshop when accompanying a workshop minor.
• b. The parent or legal guardian is physically present with the minor for the entire visit, class, workshop, event, or session.
• c. The parent or legal guardian directly supervises the minor at all times.
• d. The parent or legal guardian signs or electronically accepts the parental consent and applicable adult obligations in this Agreement, and ensures the minor understands and follows the Studio's rules. An enrolled parent or legal guardian also completes a separate participant agreement for their own workshop participation.
• e. The minor meets any additional age, skill, equipment, or supervision requirements disclosed for the particular activity.

The signing parent or legal guardian consents to the approved activity, acknowledges its risks, and accepts responsibility for supervision, the parent's own conduct, and lawful financial obligations relating to the minor's conduct, property damage, fees, and rule violations. The parent or legal guardian agrees to require the minor to follow all safety, cleaning, conduct, glaze, payment, access, and other applicable rules.

To the fullest extent permitted by law, the parent or legal guardian agrees to indemnify, defend, and hold harmless the Released Parties, as defined in Section 9, for claims arising from the parent's own acts, omissions, or failure to supervise, and the minor's conduct to the extent such an obligation may lawfully be imposed. Nothing in this Agreement purports to release a minor's claim where a parent lacks authority to do so, or requires a parent to indemnify a Released Party for that party's negligent injury to the minor where prohibited by Utah law. These limitations also apply to Sections 9, 10, 24, and 26 and any other provision affecting a minor's rights.

The Studio may deny, limit, suspend, or revoke a minor's access if it determines that participation is unsafe, disruptive, inappropriate, inadequately supervised, or not in the best interest of the Studio, its Members, participants, staff, owner, property, or community. Guests, visitors, additional attendees, minors, and non-members may not participate or enter active work areas without express approval and completion of their required agreement.

2Guest pass and workshop payments and financial responsibility

Participant agrees to pay the disclosed guest-pass, class, workshop, event, material, firing, add-on, tax, and other applicable charges for the approved activity or services Participant purchases, requests, or uses. A complimentary or sponsored admission does not eliminate Participant's other obligations under this Agreement.

THIS AGREEMENT DOES NOT ENROLL PARTICIPANT IN A MEMBERSHIP, AUTHORIZE AUTOMATIC MONTHLY RENEWAL, OR AUTHORIZE RECURRING MEMBERSHIP CHARGES. Any later membership requires a separate enrollment and acceptance of the applicable membership terms.

Participant remains responsible for unpaid amounts and lawful damage, contamination, cleaning, material, firing, or other charges owed under this Agreement. Participant authorizes charges for the purchases and services Participant affirmatively approves at checkout or separately. The Studio may invoice additional amounts properly owed. Any later charge to a stored payment method must be supported by a separate valid payment authorization and applicable law; signing this Agreement alone is not unlimited authorization to charge a card on file.

If payment is declined, reversed, disputed, charged back, or otherwise not successfully processed, the Studio may suspend or cancel access, require payment before further participation, withhold work to the extent permitted by law, or take other reasonable action allowed by this Agreement and applicable law. Nothing here waives lawful billing-dispute or consumer rights.

The Studio may change prices, offerings, schedules, hours, and future services. Changes to future offerings do not create a recurring payment obligation or authorize undisclosed charges to an existing booking.

3Participant cancellations rescheduling and truthful communications

Participant is responsible for reviewing the dates, times, session count, requirements, and cancellation terms disclosed before purchasing or accepting a guest pass or workshop ticket. Participant cancellation, nonattendance, late arrival, leaving early, schedule conflicts, travel, changed plans, weather affecting Participant's attendance, personal emergencies, or failure to use the purchased opportunity do not create a right to a refund, credit, extension, replacement visit, or make-up session, except as required by law or expressly agreed in writing by the Studio.

Cancellation or rescheduling requests must use the contact method provided or approved for the booking. Telling an instructor or another person that Participant may not attend does not by itself change a reservation or create a refund entitlement. An independently hosted workshop may designate the artist as the contact for event questions and participant communications; the Studio remains responsible for administering refunds it processes through its checkout.

If the Studio or workshop organizer cancels a session, Participant is entitled to a refund of all amounts paid for the canceled session, including applicable taxes and mandatory charges. If a session is rescheduled and Participant cannot attend the replacement date, Participant is entitled to the corresponding refund. For a course sold as one ticket, the allocation to individual sessions must be disclosed in the approved event terms before purchase. Participant will not be charged the artist's rental cancellation penalty or have nonreturned merchant-processing costs deducted from a required canceled-session refund.

The Studio may make additional exceptions or offer courtesy credits, but an exception or courtesy does not create a continuing obligation or a right to future exceptions. Sections 3 and 4 control over any general no-refund language in this Agreement. Participant removal for cause is addressed separately in Section 20, subject to nonwaivable legal rights.

Participant agrees not to knowingly make, publish, post, or submit false or misleading statements about facts such as whether booking or cancellation terms were disclosed when they were in fact disclosed. Nothing in this Agreement restricts the legal right to leave an honest review, share a truthful opinion, describe an actual experience, report safety concerns or unlawful conduct, or exercise protected consumer rights. No favorable rating or review is required for participation or any refund.

Participant remains responsible, to the fullest extent permitted by law, for knowingly false, defamatory, malicious, or otherwise unlawful statements or conduct that cause legally compensable harm. The Studio reserves lawful remedies for defamation, tortious interference, harassment, threats, fraud, chargeback abuse, or other unlawful conduct. These provisions do not impose a penalty for an honest review or permit suppression of protected criticism.

4Refund terms and exceptions

Except for the cancellation and rescheduling refunds in Section 3, expressly refundable deposits, a written refund promise, or a refund required by law, guest-pass, class, workshop, event, material, firing, add-on, upcharge, and other payments are nonrefundable. Participant understands that these activities involve limited capacity, staffing, supplies, equipment availability, administrative costs, and other reserved resources.

No refund is owed solely because Participant does not attend, uses only part of the purchased opportunity, changes their mind, moves, or becomes unavailable. A deposit described in writing as refundable remains refundable under its stated terms and is not made nonrefundable by this Agreement. This participant agreement does not make Participant responsible for an artist's venue rental, security deposit, promotion commission, payout arrangements, or host late-checkout fee unless Participant separately signs an agreement in that host capacity.

5Authorized access included services and upcharges

Participant may use only the areas, tools, equipment, materials, glazes, underglazes, supplies, shelves, services, and activities included in the specific guest pass or event and expressly authorized by Studio staff. Membership levels, color codes, labels, signs, instructions, and posted restrictions continue to identify controlled items and member-only privileges. A guest pass or workshop ticket does not grant the privileges of a membership level.

If Participant is unsure whether something is included or permitted, Participant must ask Studio staff before using it. Participant may not use restricted supplies, dipping glazes, specialty materials, staff-only areas, kilns, kiln rooms, chemicals, member shelves, or other controlled items without permission. Participant agrees to pay the applicable lawful upcharge, material or service cost, repair or replacement cost, or other amount owed for unauthorized use. Misuse may result in immediate restriction or termination of access.

Participant must use the designated entrance and approved routes. Workshop participants must not enter the restricted warehouse/member-shelf area through the doorway in The Artists Workshop. Bathroom sinks may be used for ordinary restroom hand washing, but not washing art supplies or hands covered with art materials. Workshop cleanup must use only the facilities and route approved for that activity.

An independent artist or craftsperson may organize and teach a workshop at the Studio. That host is responsible for the announced instruction, workshop materials, participant supervision, and event communications. Renting space or using Studio checkout does not by itself make that host a Studio employee or authorize promises outside the approved event terms. Studio rules and staff safety directions still apply. The Studio may intervene when necessary for safety, payments, refunds, or venue operations.

6Clay firings materials and Studio purchases

Unless expressly stated otherwise in writing, clay, firings, specialty materials, certain glazes, certain tools, certain workshops, certain events, and certain services may not be included in the guest pass or event ticket and may require separate payment.

Participant agrees to pay for all clay, firings, materials, specialty supplies, upcharges, add-ons, or other purchases used or requested by Participant.

The Studio may refuse to fire any piece that the Studio determines, in its sole discretion, may be unsafe, unstable, too large, too thick, too wet, improperly constructed, made from unauthorized clay, contaminated, improperly glazed, likely to damage kiln shelves or other work, or otherwise unsuitable for firing.

Participant may not bring outside clay, outside glazes, outside kiln wash, outside chemicals, outside stains, outside oxides, outside slips, outside materials, or outside ceramic products into the Studio for use or firing without written permission from the Studio.

Materials provided by an approved workshop host must be approved for that workshop. Approval for one activity does not authorize introducing those materials into Studio clay, glazes, sinks, kilns, or other shared systems.

7Assumption of risk

Participant understands and agrees that pottery, ceramics, glass work, jewelry making, dyeing, planting, craft work, art-making, Studio classes, open studio sessions, workshops, events, raku firings, kiln use, glaze use, clay work, tool use, and participation in any Studio activity involve known and unknown risks.

These risks include, but are not limited to:

• a. Cuts, scrapes, punctures, abrasions, bruises, burns, blisters, and other injuries from tools, sharp edges, broken pottery, trimming tools, needles, ribs, knives, wire tools, bats, shelves, equipment, and Studio materials.
• b. Burns, heat exposure, fire-related injury, smoke exposure, or other injuries from kilns, kiln furniture, hot pottery, raku firings, torches, flames, combustion materials, heated surfaces, hot water, wax, or other hot materials.
• c. Slip, trip, and fall hazards from water, clay, glaze, dust, tools, cords, uneven surfaces, crowded work areas, buckets, stools, wheels, shelves, and other Studio conditions.
• d. Injuries involving pottery wheels, slab rollers, extruders, mixers, grinders, hand tools, power tools, electrical equipment, moving parts, heavy objects, shelving, tables, carts, stools, or other Studio equipment.
• e. Exposure to clay dust, silica dust, glaze ingredients, oxides, stains, underglazes, wax resist, cleaning products, chemicals, fumes, smoke, vapors, mold, allergens, or other substances that may cause irritation, allergic reaction, respiratory issues, skin issues, eye issues, illness, or long-term health effects.
• f. Damage to clothing, shoes, personal property, electronics, jewelry, bags, tools, vehicles, or personal items.
• g. Physical strain, repetitive motion injury, back strain, neck strain, wrist strain, shoulder strain, knee strain, muscle soreness, fatigue, or aggravation of pre-existing conditions.
• h. Injury or damage caused by other Members, guests, visitors, employees, contractors, instructors, volunteers, animals, or third parties.
• i. Emotional discomfort, interpersonal conflict, embarrassment, frustration, disappointment, or stress that may arise in a group creative environment.
• j. Serious injury, permanent injury, disability, dismemberment, or death.

Additional workshop risks may include glass shards, wire ends, needles, cutting tools, hot solder or approved heating devices, dyes, adhesives, plant materials, soil, allergens, stains, fumes, and chemical irritation. Listing a hazard in this Agreement does not authorize its use. Risks may arise from nearby Studio operations even when Participant is not permitted to operate that equipment or perform that process.

Participant understands that this list is not complete and that other risks may exist, including risks that cannot be anticipated.

Participant voluntarily chooses to participate in Studio activities despite these risks. Participant assumes full responsibility for all risks, injuries, damages, losses, costs, and claims arising from or related to Participant’s presence at the Studio, participation in Studio activities, use of Studio equipment, use of Studio materials, or violation of Studio rules.

8Health safety and personal responsibility

Participant is responsible for determining whether they are physically, mentally, medically, and emotionally able to participate safely in Studio activities.

Participant agrees to follow all safety instructions, posted signs, verbal instructions, written rules, staff directions, training requirements, and Studio policies.

Participant agrees to use reasonable care while participating in Studio activities and while using any tool, equipment, glaze, clay, material, or Studio space.

Participant agrees not to participate while impaired by alcohol, illegal drugs, medication, exhaustion, illness, or any condition that may make participation unsafe. No alcohol may be brought, served, consumed, or promoted as part of an Artists Workshop event. The Studio may prohibit participation or stop an activity if staff believe it is unsafe. Artists Workshop activities may not involve flame torches, propane flames, welding torches, or power equipment. Controlled tabletop heating requires specific Studio approval. Other guests may use only the equipment and processes expressly authorized for their particular visit or activity.

Participant acknowledges that clay dust and silica dust can create respiratory risks. Participant agrees not to sand, scrape, sweep, blow, grind, trim, clean, or handle dry clay or dry glaze materials in any manner that violates Studio rules or creates unsafe dust. Participant understands that the Studio may recommend or require masks, respirators, eye protection, gloves, or other protective equipment for certain activities. Participant is responsible for supplying, wearing, and properly using any personal protective equipment recommended or required for Participant’s own safety, unless the Studio expressly provides it.

Participant agrees to notify Studio staff immediately about any unsafe condition, injury, broken equipment, spill, contamination, damaged shelf, broken pottery, or other hazard.

9Release and waiver of liability

TO THE FULLEST EXTENT PERMITTED BY UTAH LAW, PARTICIPANT, ON BEHALF OF PARTICIPANT AND PARTICIPANT’S HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS, ASSIGNS, SPOUSE, FAMILY MEMBERS, AND ANY PERSON CLAIMING THROUGH PARTICIPANT, RELEASES, WAIVES, AND DISCHARGES DAN PEARCE CREATIVE LLC, THE CLAY HOLE, DAN PEARCE, AND THEIR OWNERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, INSTRUCTORS, APPROVED INDEPENDENT WORKSHOP HOSTS AND THEIR ASSISTANTS, VOLUNTEERS, AGENTS, REPRESENTATIVES, AFFILIATES, LANDLORDS, PROPERTY OWNERS, INSURERS, SUCCESSORS, AND ASSIGNS, REFERRED TO IN THIS AGREEMENT AS THE “RELEASED PARTIES,” FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, INJURIES, ACTIONS, CAUSES OF ACTION, COSTS, AND EXPENSES ARISING OUT OF OR RELATED TO PARTICIPANT’S PRESENCE AT THE STUDIO, PARTICIPATION IN STUDIO ACTIVITIES, USE OF STUDIO EQUIPMENT, USE OF STUDIO MATERIALS, GUEST PASSES, CLASSES, OPEN STUDIO, WORKSHOPS, EVENTS, FIRINGS, GLAZING, RAKU, OR ANY OTHER STUDIO SERVICE.

This release includes claims arising from ordinary negligence of the Released Parties, to the fullest extent permitted by law.

This release does not release claims that cannot legally be released under applicable law, including claims for gross negligence, recklessness, or willful misconduct to the extent such claims may not be released. It does not waive rights or claims of a minor that a parent or guardian lacks legal authority to waive. Section 1's limits apply.

Participant understands that Participant is giving up important legal rights by signing this Agreement.

10Indemnification

Participant agrees to indemnify, defend, and hold harmless the Released Parties from and against any claims, demands, damages, losses, liabilities, injuries, actions, causes of action, costs, and expenses, including reasonable attorney fees, arising out of or related to:

• a. Participant’s actions or omissions.
• b. Participant’s violation of this Agreement or Studio rules.
• c. Participant’s use or misuse of Studio equipment, tools, materials, glazes, clay, kilns, supplies, spaces, or property.
• d. Participant’s damage to Studio property, another person’s property, another person’s pottery, kiln shelves, kilns, equipment, furniture, fixtures, tools, supplies, or materials.
• e. Participant’s injury to another person.
• f. Participant’s contamination of clay, glaze, dipping glaze, underglaze, stains, oxides, wax, chemicals, buckets, tools, sponges, brushes, tongs, or Studio materials.
• g. Any guest, visitor, minor, or other person Participant brings to the Studio or allows to participate.
• h. Any claim made by a third party arising from Participant’s conduct.

The obligations in this section apply only to the fullest extent permitted by law and are subject to Section 1's limits for minors. They do not require indemnification for a Released Party's conduct or a minor's injury where such indemnification is prohibited by law.

11Medical care and emergencies

If Participant is injured, becomes ill, or appears to need medical attention, Participant authorizes the Studio to seek emergency medical care, call emergency services, contact emergency contacts, and take reasonable action under the circumstances.

Participant is solely responsible for all medical costs, ambulance costs, emergency costs, treatment costs, insurance deductibles, and related expenses. The Studio does not assume responsibility for providing medical care or determining whether Participant is medically able to participate.

12Damage to Studio property and other property

Participant agrees to use Studio property carefully and responsibly.

Participant agrees to pay the full repair cost, replacement cost, cleaning cost, material cost, labor cost, loss cost, or current retail value for any Studio property, equipment, tool, furniture, fixture, shelf, kiln shelf, glaze, clay, material, supply, or other item damaged, contaminated, lost, broken, misused, wasted, or destroyed because of Participant’s negligence, misuse, carelessness, horseplay, rule violation, unauthorized use, or intentional act.

The Studio will not charge Participant for ordinary wear and tear from proper use of items authorized for the applicable guest pass or activity.

Participant agrees not to touch, move, handle, alter, glaze, trim, decorate, damage, discard, use, photograph for commercial purposes, or otherwise interfere with another person’s pottery, tools, shelf, property, or personal items without permission.

13Glaze dipping glaze chemical and contamination rules

Participant agrees to follow every posted, written, and verbal glaze rule.

Participant understands that Studio glazes, dipping glazes, glaze tools, glaze buckets, underglazes, stains, oxides, wax resist, brushes, tongs, whisks, sieves, and related materials require careful handling. Improper use can contaminate, ruin, alter, or damage expensive Studio materials and can affect the work of many Members.

Participant may not use dipping glazes unless Participant has completed any required Studio training, read the applicable rules, and been approved to use them.

Participant agrees to use the correct tools with the correct glaze or material, avoid cross-contamination, keep lids closed when required, mix only as instructed, dip only as instructed, avoid returning contaminated materials to containers, and ask staff when unsure.

If Participant contaminates, damages, ruins, misuses, dilutes, alters, spills, or compromises a glaze, dipping glaze, underglaze, chemical, bucket, tool, or related material, Participant agrees to pay all reasonable costs determined by the Studio, including replacement materials, disposal, labor, testing, cleaning, and damage caused to other work if applicable.

The Studio may immediately suspend or terminate Participant’s access to glazes, dipping glazes, or the Studio for violation of glaze rules.

14Cleaning responsibilities

Participant agrees to thoroughly clean all areas, tools, equipment, and materials used by Participant before leaving the Studio.

This includes, but is not limited to, wheels, bats, stools, splash pans, sinks, counters, tables, wedging areas, floors, buckets, sponges, tools, workbenches, glazing stations, waxing stations, banding wheels, slab rollers, extruders, molds, carts, and any other area or item Participant used.

Participant also agrees to clean, wipe, organize, or improve an additional Studio area during each class, open studio session, or work session, if required by posted Studio rules or staff instructions.

If Participant leaves without properly cleaning Participant’s own area, tools, equipment, or required additional area, Participant agrees to pay a cleaning fee of at least $20 per violation. The Studio may charge a higher amount if additional cleaning, repair, replacement, staff time, or remediation is required.

Repeated cleaning violations may result in suspension or termination of guest or event access and refusal of future participation.

For tabletop workshops, keep work mats clean and undamaged, protect them from heat, glue, and permanent residues, and use approved protection on wooden tabletops if mats are removed. Follow the host and Studio directions for spills, dyes, adhesives, and sharp fragments. Do not create hazardous dust or put prohibited materials into sinks. Participants must clean the areas and items they used; the host remains responsible under the separate host agreement for the complete room reset. Any individual cleaning charge must relate to that Participant's obligations and must not duplicate recovery of the same cost from the host or another person.

15Arrival departure and use of Studio hours

Participant agrees to attend only during approved class times, open studio times, event times, or other hours authorized by the Studio.

Participant agrees not to arrive more than 10 minutes early unless expressly permitted by the Studio. Participant agrees to leave on time and no later than the end of the scheduled class, open studio session, event, or authorized time.

Participant understands that Studio hours, class schedules, open studio sessions, events, instructor availability, demonstrations, staffing, and offerings may change at any time.

The Studio may close, cancel, reschedule, limit access, or modify services due to weather, emergencies, repairs, maintenance, staffing, holidays, power outages, kiln issues, safety issues, private events, illness, government order, acts of God, or other circumstances.

For evening Artists Workshop activities involving hand washing or water cleanup, all participants must leave by 9:30 p.m. The approved instructor and helpers may complete cleanup until 10:00 p.m. For evening Artists Workshop activities without water cleanup, all participants must leave by the announced event end time and in all cases by 10:00 p.m. The instructor's additional cleanup time does not extend a participant's admission. The separate host late-checkout fee is not imposed on an ordinary attendee by this Agreement.

The cancellation and refund rights in Sections 3 and 4 continue to apply if the Studio closes, cancels, or reschedules an activity. All local clock times in this Agreement are Mountain Time at the Studio.

16Personal property storage and abandoned items

Participant is responsible for Participant's own property, tools, clay, pottery, artwork, clothing, bags, electronics, jewelry, vehicles, and other belongings. To the fullest extent permitted by law, the Studio is not responsible for lost, stolen, damaged, misplaced, broken, discarded, contaminated, moved, or altered personal property or artwork, whether caused by the Studio, staff, Members, participants, visitors, accidents, shelves, kilns, Studio conditions, or other causes, subject to the nonwaivable-liability limitations in this Agreement.

A guest pass or workshop ticket does not include a private shelf or continuing storage unless expressly stated in writing. Any assigned shelf or storage space remains Studio property. Participant may use only the assigned space and may not store unsafe or prohibited items, food, flammable materials, outside chemicals, unauthorized glazes, excessive belongings, or other items the Studio determines are unsafe or inappropriate.

Participant must remove personal items and projects at departure unless drying, firing, pickup, or other storage has been approved. Approved works awaiting processing must follow the Studio's identification, handling, and pickup instructions. The Studio may remove items from assigned storage or other areas when authorized storage ends, payment fails, access is terminated, or property is abandoned.

Unless a different lawful written pickup policy has been disclosed and accepted, Participant must collect all items within 14 days after the Studio gives notice that collection is required or approved storage has ended. Items not collected within the applicable period may be treated as abandoned and discarded, donated, recycled, used for educational purposes, or otherwise disposed of without compensation, to the extent permitted by law. Any notice or handling requirement imposed by law still applies.

17Pottery and project damage firing risk and results

Participant understands that ceramics and other art or craft processes can be unpredictable.

Participant understands and agrees that pottery may crack, warp, break, explode, melt, blister, crawl, shiver, pinhole, run, stick to shelves, slump, discolor, become sharp, fail, be damaged, or be destroyed during making, drying, handling, transporting, loading, unloading, firing, glazing, raku, storage, cleaning, or other Studio processes.

Participant understands that pieces may be moved, handled, loaded, unloaded, fired, or stored by Studio staff, instructors, contractors, the owner, or other approved persons.

Participant understands that other Members may accidentally damage, touch, move, or break work.

Participant agrees that the Studio does not guarantee any particular artistic result, glaze result, firing result, color result, texture result, finish, timeline, deadline, or survival of any piece.

Participant agrees that the Studio is not financially responsible for broken, cracked, damaged, lost, delayed, misfired, overfired, underfired, altered, discarded, contaminated, or unsuccessful pottery, even if caused by Studio staff, instructors, contractors, the owner, another Participant, kiln conditions, glaze conditions, shelf conditions, equipment issues, or ordinary Studio handling.

Participant agrees that no reimbursement, refund, credit, replacement, or damages will be owed for any pottery piece or project unless the Studio expressly agrees otherwise in writing.

These project-risk provisions also apply, as relevant, to nonceramic artwork and crafts, including glass, jewelry, textiles, dyes, adhesives, plants, and assembled projects. No specific artistic result, durability, colorfastness, plant survival, or completion outcome is guaranteed. The limitations do not override a promised refund for a canceled session or a right that cannot lawfully be waived.

18Participant conduct and community standards

The Clay Hole is intended to be a welcoming, respectful, creative, community-centered Studio.

Participant agrees to treat Studio staff, instructors, contractors, the owner, other Members, guests, visitors, and neighbors with respect.

Participant agrees not to engage in conduct that the Studio determines is unsafe, disruptive, abusive, harassing, discriminatory, threatening, sexually inappropriate, hostile, aggressive, excessively negative, retaliatory, dishonest, manipulative, damaging, or harmful to the Studio community.

Participant agrees not to sexually harass, touch anyone without consent, make unwanted sexual comments, make discriminatory comments, bully, stalk, intimidate, threaten, gossip maliciously, create ongoing drama, interfere with classes, monopolize staff time, disregard boundaries, or create an environment that makes others feel unsafe or unwelcome.

Participant agrees to celebrate human differences and help maintain a judgment-free environment of respect, kindness, creativity, and fun.

The Studio may determine, in its sole discretion, whether Participant’s conduct violates this Agreement or the spirit of the Studio.

19Studio rules posted policies and staff instructions

Participant agrees to follow applicable Studio rules, policies, FAQs, website terms, posted signs, emailed policies, digital policies, staff and instructor instructions, safety rules, cleaning rules, glaze rules, firing rules, guest rules, event rules, and other procedures disclosed for the visit or activity.

The Studio may update operating rules, schedules, future pricing, services, cleaning requirements, access requirements, firing rules, glaze rules, and procedures. Participant is responsible for reviewing relevant communications and posted instructions. Safety instructions may apply immediately. A general rule update does not retroactively change an agreed ticket price or cancellation refund, authorize recurring payments, or silently replace this Agreement's release or dispute-resolution terms.

Participant may not continue using the Studio while refusing to follow applicable rules. If Participant disagrees with a rule, Participant must stop the affected activity and contact staff. Refund rights remain governed by Sections 3 and 4; stopping participation does not by itself create an additional refund entitlement.

20Suspension termination and removal from the Studio

The Studio may suspend, restrict, or terminate Participant’s guest pass, access, participation, class attendance, open studio attendance, event attendance, glaze access, tool access, or Studio privileges at any time if the Studio determines that Participant:

• a. Violated this Agreement.
• b. Violated Studio rules.
• c. Failed to pay amounts owed.
• d. Misused Studio property.
• e. Damaged or contaminated Studio materials.
• f. Failed to clean properly.
• g. Used items outside the authorized guest pass or event scope without permission.
• h. Created an unsafe condition.
• i. Harassed, threatened, touched, or mistreated another person.
• j. Created disruption, drama, hostility, or ongoing negativity.
• k. Acted dishonestly or abusively.
• l. Brought unauthorized guests or minors.
• m. Failed to respect boundaries, staff time, class structure, or Studio culture.
• n. Otherwise acted in a way the Studio believes is harmful to the Studio, its Members, staff, owner, property, operations, reputation, or community.

If access or participation is terminated for cause, no refund will be owed unless required by law. The Studio may refuse future membership, guest passes, or event participation and may require Participant to leave the premises immediately.

The Studio may decline future bookings or additional access after the approved visit, event, or course ends.

21Photos video and media release

Participant understands that the Studio may photograph, video, record, or livestream classes, open studio sessions, events, workshops, demonstrations, pottery, finished work, works in progress, Studio spaces, and general Studio activity for marketing, educational, archival, social media, website, advertising, internal, or promotional purposes.

Participant grants the Studio permission to use Participant’s image, likeness, voice, name, pottery, artwork, and participation in photos, video, audio, social media, website content, advertising, and promotional materials without compensation, unless Participant has opted out in writing and the Studio has acknowledged that opt-out in writing.

If Participant does not want to be photographed or recorded, Participant must notify the Studio in writing before participating and must also remind staff at any event or class where media is being captured. The Studio will make reasonable efforts to honor written opt-out requests but cannot guarantee that Participant will never appear incidentally in the background of group or Studio footage.

A media opt-out request may be made separately in the signature section below or through a written process provided by the Studio. Requesting an opt-out does not itself prevent participation. The Studio acknowledgment and reasonable-efforts provisions above still apply. A parent or legal guardian must make the media election for an approved minor to the extent they have authority to do so. This media permission does not automatically grant an independent host permission to use Participant's image in the host's own marketing; that host must obtain any required separate permission.

22Communications

Participant agrees that the Studio may communicate with Participant by email, text message, phone, website, posted notices, social media groups, online portals, waiver platforms, booking platforms, payment platforms, or other reasonable methods.

Participant is responsible for keeping contact information current.

Participant agrees that notices sent to the email address, phone number, or account provided by Participant are considered received by Participant, even if Participant does not read them, has unsubscribed from optional marketing communications, changes contact information, or fails to check messages.

These provisions concern operational, safety, booking, payment, and agreement communications. Signing this Agreement does not automatically subscribe Participant to optional promotional email or text messages. An independent workshop host is the primary contact for ordinary workshop instructions and questions, while the Studio may communicate about venue operations, safety, checkout, and refunds as necessary.

23Electronic signature and electronic acceptance

Participant agrees that this Agreement may be signed electronically and consents to receiving this Agreement and related records electronically for this transaction. Checking a clearly labeled acceptance box, clicking an acceptance button, typing a name, or submitting a signature through the designated acceptance process with intent to sign has the same legal effect as a handwritten signature to the extent provided by applicable law.

The Studio may retain the signed Agreement and associated acceptance records. A person purchasing multiple tickets does not thereby sign for other adults. Each adult participant must separately accept this Agreement, and an authorized parent or legal guardian must complete the applicable consent for a minor. Participant must have an opportunity to review and retain the Agreement before accepting. Payment or attendance alone does not replace the Studio's required individual signature or electronic acceptance process.

24Dispute resolution mediation and arbitration

The parties agree to make a good faith effort to resolve any dispute informally before filing any legal action.

If a dispute cannot be resolved informally, the parties agree to first attempt mediation in Salt Lake County, Utah, unless another location is mutually agreed in writing. The parties will share mediation costs equally unless otherwise required by law or agreed in writing.

If mediation does not resolve the dispute, any remaining claim, dispute, or controversy arising out of or related to this Agreement, guest passes, workshops, Studio participation, Studio services, Studio rules, payment, injury, property damage, termination, or any relationship between Participant and the Studio shall be resolved by binding arbitration in Utah, unless prohibited by law.

The arbitration shall be administered by a mutually agreed arbitrator or arbitration organization. If the parties cannot agree, either party may ask a court of competent jurisdiction to appoint an arbitrator.

The arbitrator may award any relief available under applicable law, subject to the terms of this Agreement. Judgment on the arbitration award may be entered in any court with jurisdiction.

Nothing in this section prevents the Studio from seeking immediate injunctive relief, protective relief, collection of undisputed amounts, removal of trespassers, protection of confidential information, or other urgent relief from a court.

To the fullest extent permitted by law, disputes must be brought only on an individual basis and not as a class action, collective action, representative action, or private attorney general action.

Participant understands that binding arbitration generally replaces a court trial before a judge or jury for covered disputes. Nothing in this section binds a minor to a waiver or dispute-resolution term that a parent lacks legal authority to accept, prevents a legally protected report to a government agency, or eliminates a procedure or remedy that applicable law makes nonwaivable.

25Governing law venue and jurisdiction

This Agreement shall be governed by the laws of the State of Utah, without regard to conflict of law principles.

Subject to the mediation and arbitration section above, any court proceeding arising out of or related to this Agreement, the Studio, guest passes, workshops, Studio services, or Participant’s participation shall be brought exclusively in the state or federal courts located in Utah. Participant consents to personal jurisdiction and venue in Utah.

26Limitation of damages

To the fullest extent permitted by law, the Studio shall not be liable for indirect, incidental, consequential, special, exemplary, punitive, emotional distress, lost profit, lost opportunity, or similar damages arising out of or related to this Agreement, guest passes, workshops, Studio participation, Studio services, Studio property, Studio rules, pottery, firing, glazing, or any Studio activity.

To the fullest extent permitted by law, any damages recoverable from the Studio shall be limited to the amount paid to the Studio by or on behalf of Participant for the specific guest pass, workshop, event, or course giving rise to the claim. For a course sold as one ticket, this means the total amount paid for that course, regardless of when payment was made. This provision concerns recoverable damages and does not reduce a refund expressly owed under Sections 3 and 4.

This section does not limit liability where a limitation is prohibited by law, does not limit a minor's nonwaivable rights, and is subject to the limits in Sections 1 and 9.

27Severability

If any provision of this Agreement is found to be invalid, unlawful, void, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions shall remain in full force and effect.

28No waiver

The Studio’s failure to enforce any provision of this Agreement or any Studio rule does not waive the Studio’s right to enforce that provision or rule later.

Any exception, courtesy, delay, discount, refund, credit, or accommodation given by the Studio does not create a right to future exceptions or accommodations.

29Entire agreement and order of terms

This Agreement, together with the applicable guest-pass or event checkout terms, posted Studio rules, Studio policies, written waivers, event-specific terms, and written addendums, constitutes the entire agreement between Participant and the Studio concerning the approved visit or activity, liability waiver, Studio rules, and authorized services. It supersedes prior oral or written statements, discussions, representations, or agreements on those subjects for that visit or activity.

This Agreement does not enroll Participant in membership or amend a separate membership agreement that Participant may have for other services. It is not the workshop artist's venue-rental agreement and does not transfer the artist's rental, deposit, promotion, or settlement obligations to an ordinary participant.

If this Agreement conflicts with a general Studio communication, this Agreement controls unless the Studio expressly states in writing that the other communication overrides it. Event-specific details identify the purchased activity, dates, authorized services, materials, and any promised refund or refundable deposit. The express refund protections in Sections 3 and 4 and nonwaivable legal rights apply notwithstanding a general no-refund statement. Material changes to this Agreement require a written or electronic amendment accepted through an appropriate agreement process.

30Participant acknowledgments

By signing or electronically accepting this Agreement, Participant acknowledges and agrees that:

• a. Participant has read and understands this Agreement and has had an opportunity to ask questions before accepting.
• b. Pottery, art, craft work, and presence in an operating studio involve known and unknown risks, and Participant voluntarily chooses to participate subject to this Agreement and applicable law.
• c. This Agreement includes an assumption of risk, a release of ordinary-negligence claims to the extent permitted by law, indemnity obligations, a limitation of damages, and mediation and binding arbitration provisions.
• d. This Agreement does not create a membership, automatic renewal, or recurring monthly payment authorization. Admission is limited to the approved guest pass, activity, dates, and areas.
• e. Participant understands the payment and cancellation rules and the express refund exceptions for canceled sessions and qualifying rescheduled sessions.
• f. Participant agrees to follow applicable Studio, guest, event, conduct, safety, cleaning, material, glaze, equipment, access, and departure rules.
• g. The Studio may restrict or terminate access for violations and may refuse future participation, subject to applicable law.
• h. Participant agrees to pay lawful damages, contamination charges, cleaning fees, unpaid purchases, and other amounts properly owed under this Agreement, without duplicate recovery of the same loss.
• i. Participant understands the media-release and written opt-out provisions and the difference between operational communications and optional marketing.
• j. Participant is accepting voluntarily. No purchaser, employer, organizer, instructor, or other attendee is accepting on behalf of another adult.
• k. A parent or legal guardian signing for an approved minor confirms their authority, consents to the activity, accepts the lawful adult obligations in this Agreement, and agrees to remain physically present and supervise the minor throughout. Workshop participants must be age 10 or older; for a workshop minor ages 10 to 17, the parent or legal guardian must also be enrolled in that workshop and actively work alongside the minor throughout every session. Pottery-class guest passes require a minimum age of 14, with a parent or legal guardian present and directly supervising guests ages 14 to 17. Active membership is not required solely for this supervision, but the workshop parent enrollment requirement still applies. The limitations protecting nonwaivable minor rights in Section 1 apply throughout.

Participant information and signatures

Complete one agreement for each participant. This signature page applies to the entire preceding Agreement, including Sections 1 through 30. List every session covered by a multi-session course.

Participant full legal name __________________________________________________

Email ___________________________________ Phone ________________________

Admission type [ ] Guest pass [ ] Workshop or event [ ] Approved class or course

Activity title or guest-pass reference __________________________________________

Workshop host or sponsoring member if applicable ______________________________

Approved date or course dates _______________________________________________

Emergency contact name __________________________ Phone _________________

Relationship _____________________________________________________________

Adult participant or parent or legal guardian

[ ] I am the Participant and am at least 18 years old.[ ] I am the parent or legal guardian of the approved minor identified above.

Minor age if applicable _______ Parent or guardian full legal name __________________Relationship to minor _______________________________________________________

[ ] For a workshop minor ages 10 to 17, I am also enrolled in the same workshop and will actively work alongside the minor throughout every session.

I have read and voluntarily accept this Agreement. I understand that it affects important legal rights, including ordinary-negligence claims to the extent permitted by law, and contains indemnity, damages-limit, and binding-arbitration provisions. If signing as a parent or guardian, I give the consent and accept the lawful adult obligations described in Section 1; I do not purport to waive rights I lack legal authority to waive.

Signature _____________________________________ Date ____________________

Printed name of signer _____________________________________________________

Minor acknowledgment if applicable __________________________________________I understand that I must follow Studio rules and my parent or guardian's directions.

Separate media opt out request if applicable

[ ] I request the written media opt-out described in Section 21 for myself or the minor above. I will also remind staff when media is being captured. This request does not change my acceptance of the other participation terms.

Studio written acknowledgment of media opt-out __________________ Date __________

For electronic signing, the designated platform may collect equivalent participant details, signatures, dates, guardian consent, and media preferences. Each required signer must complete their own acceptance.