THE RINK AT LAS OLAS OCEANSIDE PARK
RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK, AND COVENANT NOT TO SUE
PLEASE READ CAREFULLY. BY SIGNING THIS AGREEMENT, YOU ARE CONSENTING TO THE WAIVER AND RELEASE OF CERTAIN LEGAL RIGHTS, ACKNOWLEDGING YOUR EXPRESS ASSUMPTION OF RISK, AND AGREEING TO A COVENANT NOT TO SUE AS SET FORTH IN THIS AGREEMENT. THIS AGREEMENT ALSO INCLUDES AN ARBITRATION PROVISION AND A WAIVER OF YOUR RIGHT TO BRING A CLASS ACTION SUIT.
IN CONSIDERATION of being permitted to enter The Rink at Las Olas Oceanside Park (“FACILITY”) (through such date as determined by A & R Enterprises of South Florida, Inc (“PRODUCER”) and to attend, observe, or otherwise participate in recreational and related activities, both on and off the ice (collectively, the “ACTIVITIES”), the below-named individual (the “PARTICIPANT”), and, if the named “PARTICIPANT” is a minor, the “PARTICIPANT(s)” parent(s) or legal guardian(s), do hereby freely and voluntarily acknowledge and agree (for him/her self and any minor child on whose behalf this Agreement is executed), to the fullest extent permitted by law, in relation to “PRODUCER”, the City of Fort Lauderdale Parks & Recreation Department, the City of Fort Lauderdale, Facility Sponsor, and their respective members, equity holders, affiliates and subsidiaries and their respective parents, affiliates, subsidiaries, contractors, and each officer, director, governor, regent, member, equity holder, trustee, employee, volunteer, licensor, licensee, insurer, sponsor, partner, principal, representative and agent of each of the foregoing, and all of the foregoing’s respective successors and assigns (collectively, the “RELEASED PARTIES”), as follows:
1. ACKNOWLEDGMENT AND EXPRESS ASSUMPTION OF RISKS
I understand that the “ACTIVITIES” may be hazardous to the “PARTICIPANT” and others and that there are risks and dangers, including personal injury (including death), property damage or loss, and other hazards that could arise during the “ACTIVITIES.” I acknowledge that these risks and dangers include, but are not limited to, those arising from falls, collisions, being struck by objects, body contact with ice, skates, and other “PARTICIPANT(s)” and risks and dangers of illness arising from any communicable disease, including, but not limited to, the virus referred to as “COVID-19” described below.
I acknowledge that my admission to the “FACILITY” is subject to all safety and health requirements and policies put in place by “PRODUCER,” the “FACILITY,” and/or third parties (including, but not limited to, federal and state governmental agencies), including any requirements relating to face masks and/or enhanced health screenings (which may include a requirement that I, and my guests, be tested for and/or vaccinated for COVID-19 prior to or during any “ACTIVITIES”). Such policies and requirements as they may be (i) updated from time to time, based on guidance, protocols, or orders issued by governments or health agencies, the advice obtained from medical or other advisors, or such other information or factors that the “FACILITY” determines are relevant; and (ii) communicated to me prior or during any “ACTIVITIES” (whether orally or in writing) by, for example, instruction provided by “PRODUCER,” or the “FACILITY,” are collectively referred to below as The Rink at Las Olas Oceanside Park Skaters Code of Conduct ( “RINK PROTOCOLS”).
I acknowledge and agree to comply with “RINK PROTOCOLS” (including all requirements that must be satisfied prior to or during any “ACTIVITY”), and additionally acknowledge and agree that my attendance at any “ACTIVITY” is conditioned on such compliance.
I fully understand and knowingly, voluntarily, and expressly assume all the foregoing risks and accept personal responsibility for any and all damages, liabilities, and other losses that I or any of my personal representatives, spouse, heirs, assigns, executors, trustees, administrators, next of kin and other persons acting or purporting to act on my or their behalf (collectively, “RELATED PERSONS”) may incur in connection with any such sickness (including illness and other risks of exposure to COVID-19, or any other communicable disease or illness, or a bacteria, virus or another pathogen capable of causing a communicable disease or illness), personal injury, temporary or permanent disability, other short-term or long-term health effects and/or death (“INJURIES”).
I further acknowledge and accept sole responsibility for all of the risks and hazards to myself and my property associated with or related to the “ACTIVITIES” (including but not limited to any injury or damage that I may cause to others) and any conditions of the property, facilities, accommodations, equipment, supplies, and tools (irrespective of who may own or provide any one of these items) incidental to the “ACTIVITIES,” including but not limited to any injuries caused by the negligence, fault, or misconduct of any “RELEASED PARTIES” or otherwise, except only those “INJURIES” caused by willful misconduct or gross negligence.
2. RELEASE, WAIVER AND COVENANT NOT TO SUE
I, on behalf of myself, any minor child on whose behalf this Agreement is executed, and each of our Related Persons, hereby voluntarily and irrevocably and forever release, waive, and discharge (and covenant not to sue) the “RELEASED PARTIES” from or with respect to) any and all claims, suits, causes of action and claims for damages, whether past, present or future, and whether known or unknown, including, but not limited to, claims arising out of or in connection with my death, personal injury, illness, temporary or permanent disability, the suffering of short-term or long-term health effects, economic loss, out of pocket expenses, or loss of or damage to property (“LOSSES”), which I, any minor child on whose behalf this Agreement is executed, or our Related Persons may have or hereafter accrue against any of the “RELEASED PARTIES” as a result of or that relate in any way to
- my exposure to or contraction or transmission of COVID-19;
- my participation in the “ACTIVITIES”;
- my travel to or presence within the Facility or any area in or around the “FACILITY,” or compliance with any “RINK PROTOCOLS”;
- my exposure to other persons within the “FACILITY,” or in or “THE FACILITY” (including persons who may not have complied with or been subject to the “RINK PROTOCOLS,” or
- any of the risks or dangers identified above in Section 1, each of which I have knowingly and voluntarily assumed and legal recourse for which I have knowingly, voluntarily, and irrevocably waived, in each case whether caused by any action, inaction, fault, misconduct, or negligence of any of the “RELEASED PARTIES” or otherwise, excepting only those “LOSSES” caused by the willful misconduct or gross negligence of the “RELEASED PARTIES.” I further agree to defend and indemnify the “RELEASED PARTIES” from and against any and all claims, suits, actions, and legal proceedings that may be instituted on the “PARTICIPANT(s)” or my behalf.
3. MEDICAL TREATMENT/ INSURANCE / EXPENSES
I do hereby release and forever discharge the “RELEASED PARTIES” from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment, or service rendered in connection with the “PARTICIPANT(s)” participation in the “ACTIVITIES.” I also understand that the “RELEASED PARTIES” do not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of injury or illness. I acknowledge that “PARTICIPANT(s)” are expected and encouraged to obtain their own medical or health insurance coverage and that I am solely responsible for any and all medical expenses due to bodily injury, illness, disability, death, property damage, and other harm in connection with the “ACTIVITIES.”
4. PHOTOGRAPHIC RELEASE
I do hereby grant and convey all rights, titles, and interests in any and all photographic images and video or audio recordings made of the “PARTICIPANT” or me by the “RELEASED PARTIES” during the “ACTIVITIES,” including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings, whether for commercial or non-commercial use. To the fullest extent permitted by applicable law, acknowledgment of this release and waiver of liability and in consideration for participation in the “ACTIVITIES,” I hereby grant to the “RELEASED PARTIES,” its licensees, designees successors, and assigns a worldwide, perpetual, irrevocable, fully- paid royalty-free, assignable license to use, copy and disseminate “PARTICIPANT(s)” image and personal attributes and to modify and present same in any form, manner, and media, now known or hereafter devised for any purpose whatsoever.
5. GOVERNING LAW, ARBITRATION AND CLASS ACTION WAIVER
I expressly agree that this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Florida without regard to choice of law principles and is intended to be as broad and inclusive as is permitted by the laws of Broward County and the State of Florida and that if any provision is not valid or cannot be enforced as written, the provision shall be revised by the applicable court to the extent necessary to make such provision enforceable and consistent with the parties’ intentions (and, if it cannot be made enforceable and consistent with the parties’ intentions, stricken) and the remaining provisions hereof shall continue in full legal force and effect.
I agree to submit any dispute arising under this Agreement to binding arbitration pursuant to American Arbitration Association (“AAA”) rules. I further agree that (i) the arbitrator shall have the power to award any remedies, including attorneys’ fees and costs, available under applicable law; (ii) judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction; (iii) the award may be vacated or modified only on the grounds specified in applicable rules and laws; and (iv) any arbitration conducted pursuant to this Agreement shall take place in Fort Lauderdale, Florida. In agreeing to submit all disputes for resolution by arbitration, I acknowledge that such Agreement is given in exchange for rights or benefits to which I am not otherwise entitled and the more expeditious and confidential resolution of any such disputes.
I agree that all claims must be pursued on an individual basis only. By signing this Agreement, I hereby waive my right to commence or be a party to any class or collective claims against the “RELEASED PARTIES.”
I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS RELEASE AND WAIVER OF LIABILITY AGREEMENT; understand its terms, including that I am hereby giving up substantial legal rights; understand that it is a material inducement for my admission to and continued presence at “THE FACILITY” and/or my participation in the “ACTIVITIES” and that the “RELEASED PARTIES” are relying upon it; and further agree that no oral representations, statements or inducements contrary to anything contained herein have been made by “THE FACILITY” or any of the other “RELEASED PARTIES.” I understand that I may consult an attorney about this Agreement.
If any portion (e.g., paragraph or sentence) of this Agreement is held invalid, illegal, or unenforceable to any extent and for any reason by any court of competent jurisdiction, such portion will be excluded to the extent of such invalidity or unenforceability all other terms of this Agreement will remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term will be deemed replaced by a term that is valid and enforceable, and that comes closest to expressing the intention of such invalid or unenforceable term.
IN ADDITION, FOR PARENTS OR GUARDIANS OF “PARTICIPANTS” UNDER 18 YEARS OF AGE.
A signed waiver by the event participant’s parent/legal guardian of a participating minor will be required before you can download tickets. A link to obtain waivers for all tickets will be shown on the confirmation page. Parent/Legal Guardian of Minor children, 13-17, participating without a parent and/or legal guardian present, are required to sign the waiver on behalf of the minor child and provide a telephone number, and government-issued photo ID for verification before entry.
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT EVEN IF THE “PRODUCER” AND “FACILITY” USES REASONABLE CARE IN PROVIDING THlS “ACTIVITY,” THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED BY PARTICIPATING IN THlS “ACTIVITY” BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE “ACTIVITY” WHICH CANNOT BE A VOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHlLD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE “RELEASED PARTIES” IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE “ACTIVITY.” YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE “PRODUCER” HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
In my capacity as “PARTICIPANT” parent or legal guardian, I hereby
- give permission for the “PARTICIPANT” to participate voluntarily in the “ACTIVITIES” and
- understand that this Agreement forever releases, waives, and discharges any and all liability, claims, and demands of whatever kind or nature against the “RELEASED PARTIES,” including “THE FACILITY” and their successors and assigns, either in law or in equity, to the fullest extent permissible by law, including but not limited to the negligence, fault or misconduct of any kind on the part of any Released Party for damages or causes of action, including but not limited to death, bodily or personal injury, illness, disease (communicable or otherwise), economic loss or out of pocket expenses, or loss or damage to property, which “PARTICIPANT,” his/her heirs, assignees, next of kin and/or legally appointed or designated representatives, may have or which may hereinafter accrue on their behalf, which arises or may hereafter arise from “PARTICIPANT” admission to and continued presence at The Rink at Las Olas Oceanside Park, and/or “PARTICIPANT” participation in the “ACTIVITIES.”
ELECTRONIC SIGNATURE CONSENT
By checking here, you consent to using your electronic signature instead of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may obtain a paper copy of an electronic record upon written request. No fee will be charged for such a copy, and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always ensure that we have a current email address to contact you regarding any necessary changes.