STOKE RUN LLC — WAIVER, RELEASE OF LIABILITY, AND ASSUMPTION OF RISK AGREEMENTPlease read the following terms and conditions carefully before participating in any activities at Stoke Run. By signing this agreement, you acknowledge your understanding of the risks involved and agree to release Stoke Run LLC, Gillson Jeffrey T Trustee ETC, Soundall LLC, and all owners, operators, employees, and partners/affiliates (collectively referred to as the “Released Parties”) from any and all liability. 1. ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND EXPRESS WAIVER OF CLAIMSI, the undersigned, acknowledge that participation in BMX, skateboarding, inline skating, scootering, biking, personal electric vehicles (PEVs), and other action sports activities (collectively referred to as “Action Sports Activities”) at Stoke Run Action Sports Park is inherently dangerous and involves known and unknown risks of serious injury, illness, disability, or death. These risks may arise from falls, collisions, equipment failure, environmental hazards, or the actions or negligence of myself, other participants, or the Released Parties. I FREELY AND VOLUNTARILY ASSUME ALL SUCH RISKS, INCLUDING THE RISK OF SERIOUS BODILY HARM OR DEATH, WITH FULL KNOWLEDGE OF THE DANGERS INVOLVED. MY PARTICIPATION IS VOLUNTARY, AND I UNDERSTAND I MAY WITHDRAW AT ANY TIME.
2. NO INSURANCE PROVIDED / RESPONSIBILITY FOR MEDICAL COSTSI understand and agree that THE RELEASED PARTIES DO NOT PROVIDE OR MAINTAIN HEALTH, MEDICAL, OR DISABILITY INSURANCE coverage for any participant or spectator. I am solely responsible for securing my own insurance coverage. I acknowledge that the Released Parties will not provide financial assistance or reimbursement for any medical or injury-related expenses incurred while participating in or attending activities on the premises.
I AM SOLELY RESPONSIBLE FOR ALL COSTS AND EXPENSES RELATED TO INJURY, ILLNESS, OR PROPERTY DAMAGE.
3. SAFETY GEAR REQUIREMENTSI understand that all participants under the age of 18 arerequired to wear a helmet while participating in Action Sports Activities. It is strongly suggested that all participants, regardless of age, wear helmets and other appropriate safety gear, including but not limited to knee pads, elbow pads, and wrist guards. I acknowledge that choosing not to wear recommended safety gear increases the risk of injury, and I agree that the Released Parties cannot be held liable for any injuries or damages that may result from my or my child’s decision not to wear safety gear.
4. RELEASE OF LIABILITYI hereby fully and forever release, waive, and dischargeStoke Run LLC, Gillson Jeffrey T Trustee ETC, Soundall LLC, and all associated owners, officers, employees, agents, volunteers, partners, representatives, and affiliates (collectively referred to as the “Released Parties”) from any and all liability for injuries, losses, claims, demands, or causes of action of any kind, including those caused by the negligence of the Released Parties, arising out of or related to my participation in Action Sports Activities or my presence at the Stoke Run property. This includes—but is not limited to—risks from: trip hazards, loose screws, rough terrain, damaged ramps or trails, wet or slippery surfaces, weather conditions, equipment malfunction, or the actions of other individuals.
5. INDEMNIFICATIONI agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, damages, losses, liabilities, and expenses (including attorney’s fees and court costs) arising out of or related to: (a) my participation or presence at the park,
(b) my failure to follow park rules, or
(c) any injury, illness, death, or property damage caused in whole or in part by my actions or inactions. This indemnification obligation applies even if the Released Parties are found to be negligent.
6. ASSUMPTION OF RESPONSIBILITY FOR HAZARDSI acknowledge and agree that it is my responsibility to inspect the equipment, ramps, trails, and facilities before participating in Action Sports Activities. If I observe any condition that I consider to be hazardous, I will immediately notify park staff and refrain from using the facility until the hazard is addressed. By proceeding to participate, I assume all risks associated with the condition of the facilities, including any dangers related to trip hazards, loose screws, and the inherent risks of wood ramps and dirt trails.
7. PARTICIPANT CONDUCT AND DUTY OF CAREWhile participating in Action Sports Activities, I agree to: (a) act within the limits of my ability and the intended use of my equipment,
(b) maintain control of my person and equipment, and
(c) refrain from any behavior that could cause or contribute to injury or death to myself or others. I understand that failure to comply with these responsibilities constitutes negligence on my part.
8. SPECTATOR RISK NOTICEI understand that spectating or observing Action Sports Activities carries inherent risks, including being struck by participants, equipment, or debris. I voluntarily assume all risks associated with being on or near the premises and release the Released Parties from liability for injuries that occur as a spectator.
9. PHOTO AND VIDEO RELEASEI grant the Released Parties the absolute and irrevocable right and unrestricted permission to use my name, likeness, voice, and appearance as captured in photos, video, audio, or other media taken during participation at Stoke Run. These materials may be used in any format for lawful purposes including promotion, advertising, or documentation. I understand that I will not receive compensation and hereby release and discharge the Released Parties from any claims related to such use, including defamation, invasion of privacy, or misappropriation.
10. RULES AND REGULATIONSI agree to abide by all rules, regulations, and posted signage at Stoke Run Action Sports Park and to follow any instructions given by the park staff. I understand that failure to comply with these rules may result in expulsion from the premises without refund and may increase the risk of injury to myself or others.
11. GOVERNING LAW AND JURISDICTIONThis Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law principles. I agree that any legal action or proceeding relating to this Agreement shall be brought exclusively in the federal or state courts of Ohio.
12. SEVERABILITYIf any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
13. NOTICE TO PARENT OR LEGAL GUARDIAN OF MINOR PARTICIPANT READ THIS CAREFULLY. BY SIGNING THIS WAIVER, YOU ARE AGREEING TO LET YOUR CHILD ENGAGE IN POTENTIALLY DANGEROUS ACTION SPORTS ACTIVITIES. You understand that even if the Released Parties use reasonable care, there is still a chance your child may be seriously injured or killed due to the inherent risks. You are giving up your child’s right—and your right—to sue the Released Parties in the event of injury, death, or property damage. You have the right to refuse participation, and the Released Parties have the right to deny access if you do not agree. By signing below, I certify that I have read, fully understand, and voluntarily agree to the terms of this STOKE RUN LLC Waiver, Release, and Assumption of Risk Agreement. If the participant is under the age of 18, I certify that I am the participant's parent or legal guardian and have the authority to sign this Agreement on their behalf. Participant's Signature OR Parent/Guardian Signature (if applicable):
Date: May 11, 2025
|