Participant Agreement, Release of Liability, Waiver of Claims and Assumption of Risk
BY SIGNING THIS DOCUMENT YOU MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE
WAIVER AND RELEASE OF LIABILITY AND INDEMNIFICATION FORM
NOTICE: THIS IS A LEGALLY BINDING AGREEMENT. Read this document carefully and in entirety. By signing this agreement, you give up your right (and the minor you are executing this for if applicable) to bring a court action to recover compensation or obtain any other remedy for any personal injury or property damage however caused arising out of your participation in Rochester Ice Center programs or activities and/or your use of an ice surface, spectator areas, locker rooms and public areas at Rochester Ice Center.
THIS WAIVER AND RELEASE OF LIABILITY AND INDEMNIFICATION FORM APPLIES TO OPEN ICE SPORTS CENTER, LLC, ROCHESTER ICE CENTER, ROCHESTER ICE CENTER HOCKEY ACADEMY.
RELEASE / DISCLAIMER (PLEASE READ CAREFULLY)
In consideration of being allowed to participate in any activities or to use the facilities at the ice rink facility known as Rochester Ice Center (the “Permitted Use”), the undersigned participant and/or parent/guardian for minor age participant (referred to as “Participant”) is executing the following Waiver and Release of Liability and Indemnification as a condition to be permitted to enter and utilize Rochester Ice Center and its rinks for the Permitted Use. By signing below, I, as the Participant, expressly understand, assume and consent to all the terms, conditions and risks set forth herein. Also, I do not hold Rochester Ice Center, its owners, partners, officers, administrators, directors, agents, business affiliates, other employees of the organization, sponsors, lessors of premises and other participants (the “Releases”) liable for any such risk of illness (including but not limited to COVID19), injury, paralysis, death and/or other losses and damages sustained by me arising out of or in connection with the program provided to me.
1. Participant’s Assumption of Risk
A) I (signor of this Waiver and Release of Liability and Indemnification) represent that I am at least eighteen (18) years of age or older. I hereby further state that I/Participant does not currently suffer from any physical or mental condition that would impair my or their ability to fully participate in the Permitted Use.
B) By signing above, I further understand and agree that participation for the Permitted Use is voluntary, and that such participation carries with it certain inherent and unavoidable risks, including an increased risk of serious illness (including COVID-19), injury, paralysis, or even death. With full awareness of such risks, I/Participant agree that freely we assume all the risks of participating, including but not limited to any such risk of death, injury and other losses and damages sustained by Participant arising out of or in connection with the Permitted Use, even if arising from the negligence of the Releasees or others, and assume full responsibility for Participant’s participation for the Permitted Use. I certify that Participant is physically fit for participation and that the Participant has not been advised against participation by a qualified medical health care professional.
I ALSO ACKNOWLEDGE AND FULLY UNDERSTAND THAT I (and/or child) CANNOT PARTICIPATE IN ANY ACTIVITIES IF I (and/or child) HAVE RECENTLY SUFFERED FROM ANY FEVER, SORE THROAT, VOMITING, DIARRHEA, OR ANY OTHER COMMUNICABLE SYMPTOMS OR HAVE BEEN EXPOSED RECENTLY TO SOMEONE WITH THESE SYMPTOMS OR WHO HAS TESTED POSITIVE FOR THE FLU OR COVID19. I FURTHER ACKNOWLEDGE THAT OTHER PARTICIPANTS IN THESE ACTIVITIES MAY BE INCUBATING DISEASES INCLUDING COVID-19, AND MAY BE CAPABLE OF SPREADING DISEASE TO OTHERS. C) I ASSUME ALL THE FOREGOING RISKS AND ACCEPT PERSONAL RESPONSIBILITY FOR MY OWN DAMAGES FOLLOWING SUCH INJURY OR SICKNESS.
2. Coronavirus / COVID-19 Warning & Disclaimer
Coronavirus, COVID-19 is an extremely contagious virus that spreads easily through person-to-person contact. Federal and state authorities recommend social distancing as a means to prevent the spread of the virus. COVID-19 can lead to severe illness, personal injury, permanent disability, and death. Participating in the Permitted Use or accessing Rochester Ice Center facilities could increase the risk of contracting COVID-19. Rochester Ice Center in no way warrants that COVID-19 infection will not occur through participation in Rochester Ice Center programs or accessing Rochester Ice Center facilities.
3. Indemnification
A) I, for myself and on behalf of Participant and our heirs, assigns, personal representatives and next of kin, hereby indemnify, release and discharge the Releasees from any liability, claims, losses, judgments, costs, or expenses, and waive the right to pursue legal action against the Releasees arising directly or indirectly from Participant’s participation for the Permitted Use, including claims or damages resulting from death, personal injury, partial or permanent disability or property damage, medical or economic losses, including attorney’s fees, whether caused in whole or in part from any instruction or training hereunder and whether based upon the breach of any express or implied warranty, negligence or under any other legal theory.
4. Disclaimer
A) I understand and agree that Rochester Ice Center expressly disclaims any and all express or implied warranties arising by law, conduct, or otherwise and any other alleged obligation or liability arising from contract, negligence, tort, or otherwise. Under no circumstances shall the Releasees be liable for special, indirect, incidental or consequential damages of any nature whatsoever. B) I hereby waive and release the Releasees from any claims based on any oral or written statements made prior to or contemporaneous with the release and disclaim any reliance on any such statements
5. Acknowledgment of Release Terms and Conditions
By signing above, I hereby represent that I have carefully read and fully understand the contents of this release and that this release is legally binding and enforceable, that I agree to the terms and conditions of this release as stated above, that I fully understand I have given up substantial rights by signing it, and that I sign it freely and voluntarily without any inducement.