- READ BEFORE SIGNING - The undersigned adult participant, or minor participant(s) by and through his/her/their parent or guardians (collectively the “Participant”), desires to participate in 2025 Titletown Winter Games, currently scheduled for February 1 through February 2, 2025 but subject to change, which includes but is not limited to ice skating, curling, cross-country skiing, biathlon, "luging" (riding down Ariens Hill on a plastic sled), simulating speed skating motions on ground, ski jumping (a small drop on a bunny hill while riding mini skis), and rental of related equipment (collectively, the "Activity"). Participant understands and acknowledges that there are serious risks inherent in participating in the Activity, including but not limited to the risk of: exposure to communicable diseases, viruses, bacteria, or illnesses or the causes thereof (including but not limited to COVID-19 or its variants); minor and serious bodily injury, including scratches, bruises, sprains, and injury to the head, neck or spine, muscles, bones, ligaments, tendons, connective tissues, and internal and external organs; loss of or damage to sight, hearing, or teeth; nerve damage or compression; stroke; heart strain and problems, including heart attack; exhaustion; overheating or frostbite; loss of or damage to equipment/property; emotional or psychological injury; pain; scarring and disfigurement; permanent trauma; paralysis; injuries or impairment to other aspects of Participant’s body, general health, and well-being; and death, and that severe social and economic losses might result from such risks, such as long or short term disability, loss of income, career opportunities, or the enjoyment of life, which may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the conditions and area in which the Activity takes place, instructions given, changes in weather conditions, inadequate safety measures, fatigue, exceeding one’s own abilities, any equipment used, the rules of play, Participant’s failure to follow procedures, rules, and directions, and/or the negligence of the Releasees (defined below). Participant acknowledges that any equipment is provided as-is, and he/she will use it at his/her own risk. Participant acknowledge that any instruction, supervision, and enforcement of rules by the Releasees do not and cannot guarantee his/her safety, and may be incomplete or imperfect. In addition, Participant fully understands that there may be other, additional risks either known or unknown to Participant, or not readily foreseeable at this time. The Participant has considered the risks of participation in the Activity, has obtained any medical clearance necessary to participate, and is able to participate without harm to himself/herself or others. In exchange for the permission granted to Participant to participate in any way in the Activity by Titletown Development, LLC (“Titletown”), the Participant accepts and assumes complete and absolute responsibility for all Risks encountered by Participant as a result of their purely voluntary participation in the Activity. The Participant agrees to release, hold harmless and indemnify Titletown, Green Bay Packers, Inc., Titletown Sportservice, Inc., Delaware North Companies, Inc., Delaware North Companies Sportservice, Inc., U.S. Venture, Inc., Central Cross Country Skiing, the United States Curling Association, Inc., Wisconsin Curling Association, the United States Luge Association, Inc., USA Nordic Sports, U.S. Figure Skating, the leader of each Activity, and their respective employees, agents, assigns, owners, affiliates, contractors, officers, directors, sponsors, and insurers (collectively, the “Releasees”) from any actions, suits, damages, claims, or judgments that may result from any personal injury, property damage, or death which the Participant may sustain while participating in the Activity, even if the injury or damage is caused by the negligent act or omission of the Releasees or its agent. This release of liability shall be a full and final compromise and settlement of any claims for any injury or damage suffered by the Participant as a result of the Activity. Nothing in this Release shall be construed as a release, discharge, or waiver of any claim that Participant may have for reckless or intentional acts of the Releasees or their respective agents. In addition, Participant further agrees to indemnify the Releasees, and their respective employees, agents, assigns, owners, corporate subsidiaries, affiliates and parents, officers, directors, and insurers, from any and all actions, suits, damages, claims, or judgments that may result from any personal injury or property damage which any other persons may sustain as a result of the Participant’s conduct during or relating to the Activity. Participant agrees that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. If there are any disputes regarding this Agreement, Participant hereby waives any right he/she or anyone on his/her behalf may have to a trial and agree that such dispute shall be determined by binding arbitration before three neutral American Arbitration Association arbitrators in Green Bay, Wisconsin. Each Party shall be responsible for their own costs and expenses issued in connection with the arbitration, suit or action, including attorney's fees and costs at the arbitration, suit or action and to enforce any arbitration award in court and on appeal. TITLETOWN AND PARTICIPANT AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE OR ARBITRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF PARTICIPANT DOES NOT CONSENT TO THIS CLAUSE, PARTICIPANT MUST NOT PARTICIPATE IN THE ACTIVITIES. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT. Participant further authorizes the Releasees and anyone authorized by them, to retouch or alter any photographs, video, audio, or other media taken of the Participant and the Participant’s property and use it, in whole or in part, with or without the Participant’s name, signature, and/or biographical information or other identification of any other fictitious or real person, in any and all media, for advertising, publicity, sales or other commercial purpose, in perpetuity, and to claim and register its copyright in same. Participant releases and holds harmless the Releasees and their respective employees, directors, officers, agents, successors, and assigns from any and all liability (including but not limited to claims for invasion of privacy or defamation) arising from the use of the Participant’s photograph, video, picture, image, likeness, voice, audio, and any other media, and from any blurring, distortion or optical illusion which may occur or be produced, as well as from the use of the Participant’s name, signature, and/or biographical information. Participant further relinquishes all right, title and interest in and to the negatives and prints and their reproduction, including the right to approve their final form, context and use. Statement of Understanding: The Participant has read and understands this document and enters into it on behalf of himself/herself and his/her family, spouse, heirs, executors and assigns, and anyone acting on his/her behalf, including attorneys, agents, insurers and representatives. The Participant also acknowledges that he/she has had sufficient time to read this document, has had the opportunity to consider the consequences of signing this Agreement, and has had an adequate opportunity to ask questions regarding this Agreement. I HAVE CONSIDERED THAT IF THIS WAIVER OF LIABILITY WERE NOT AS BROAD AS IT IS, THE COST FOR MY PARTICIPATION IN THE ACTIVITY WOULD BE CONSIDERABLE, AND AS I DO NOT WISH TO PAY A CONSIDERABLY HIGH COST, I WAIVE THE RIGHT TO BARGAIN FOR DIFFERENT WAIVER OF LIABILITY TERMS. |
