ADULT & PARENTAL CONSENT, RELEASE AND WAIVER OF LIABILITY, AND ASSUMPTION OF RISK AGREEMENT I give permission to myself, and to any minors for whom I am the parent or legal guardian listed on this waiver, to skate and otherwise participate in related activities at the Port Angeles Winter Ice Village, This agreement applies to myself, my successor, heirs, assigns, executors, and administrators, and any minor listed on this waiver. 1. Agree that prior to being in the Winter Ice Village as a skater or as an observer, and if I am providing consent to Minor(s)’s presence in the Winter Ice Village as a skater or observer, I will inspect the facilities, equipment, and areas within the facility, and if either of us believes any of them are unsafe, I will immediately advise the manager on duty at the skating rink. 2. Acknowledge that I fully understand that there is the risk of serious injury or death, economic losses, and emotional stress to me or any Minor(s) for whom I am signing, including but not limited to the following: my own actions or negligence or that of others, the condition of the facilities, the equipment, being at the location for the activity, the rules of play, or participating in any activity at the Winter Ice Village. 3. Release in every way Seaside Ice, LLC dba Ice-America, Ice-World International, The Chamber of Commerce of Port Angeles Washington, and the City of Port Angeles, and their respective officers, shareholders, members, directors, insurers, employees, and agents from any and all liability, loss, damage, claim, demand or cause of action brought against them as a result of my participation in the event or activity, whether they arise from negligence from any party; If I am signing for a Minor(s), section 3 fully applies to them as well. 4. I understand that all participants are recommended to wear head protection., and by declining this head protection for me or any applicable Minor(s), I am increasing the risk of injury or death. I assume any and all risks of personal injuries to myself and/or the Minor(s) and authorize Seaside Ice, LLC dba Ice-America, Ice-World International, The Chamber of Commerce of Port Angeles Washington, and the City of Port Angeles to contact or employ emergency services or a licensed physician to render any medical treatment that may be deemed necessary for me and/or the Minor(s), or to take and admit me and/or the Minor(s) to any hospital. If medical treatment or hospitalization is required, I agree to pay all medical and hospital bills relating to said injuries that any treating medical professional deems necessary, even if I am not present to give agreement to treat in person. I agree to pay all damages relating to my and/or the Minor(s)’s permanent or partial disability or death, and any other damages to me and/or the Minor(s) property, caused by or arising from my presence or participation or that of any applicable Minor(s)’s at the Winter Ice Village. 5. I agree with a Covenant not to sue or present any claim for personal injury, property damage, or wrongful death for or on behalf of myself or any applicable Minor(s) against Seaside Ice, LLC dba Ice-America, Ice-World International, The Chamber of Commerce of Port Angeles Washington, and the City of Port Angeles, or their respective officers, shareholders, members, directors, insurers, employees, or agents attributable to my or the Minor(s)’s participation in the event or activity; 6. Agree that photographs, pictures, slides, movies, or videos of myself and/or the Minor(s) may be taken in connection with my or the Minor(s)’s participation or presence at the Winter Ice Village, and consent to the use of such photographs, pictures, slides, movies, or videos for any legal promotional purpose, without prior notification or compensation from Seaside Ice, LLC dba Ice-America, Ice-World International, The Chamber of Commerce of Port Angeles Washington, and the City of Port Angeles. I also agree that my identity and the identity of any applicable Minor(s) may be revealed by name, description, text, commentary, or otherwise, and I waive any and all rights to the media mentioned above, as well as any compensation for their use. 7. Declare that I am in good health and have no physical condition that would prevent me from participation in the event or activity; This applies to any Minor(s) included on this release of liability as well. 8. Acknowledge that Seaside Ice, LLC dba Ice-America and The Chamber of Commerce of Port Angeles Washington are not joint sponsors, joint ventures, partners, or otherwise jointly engaged in the above named event or activity; 9. Agree to defend, indemnify, and hold harmless Seaside Ice, LLC dba Ice-America, The Chamber of Commerce of Port Angeles Washington, and the City of Port Angeles from any and all claims, including attorneys’ fees and costs, which may be brought against one or any of them, or any of their respective officers, shareholders, members, directors, insurers, employees, or agents by anyone claiming to have been injured as a result of my and/or the Minor(s)’s participation in the activity. 10. I agree to observe and follow all established health and safety rules and requirements, protocols, and guidelines while at the Winter Ice Village, including those that exceed local, state, or Federal requirements. I agree that violation of any of these will result in removal from the Winter Ice Village and loss of entry fee. This includes but is not limited to requirements about wearing masks, maintaining safe skating practices, maintaining social distancing, properly using the skate aids, and following the directives of all Winter Ice Village staff members and volunteers. 11. I acknowledge that the Winter Ice Village is staffed by volunteers, and agree that I will treat all staff, volunteers, owners, or representatives of the Winter Ice Village with courtesy and respect, and that by signing this waiver I acknowledge that I understand all the rules and regulations of the Winter Ice Village, and agree to follow them without comment or complaint. I also assume responsibility for any Minor(s) included on this release and will ensure that they also follow all rules, and will also treat all representatives of the Winter Ice Village with courtesy and respect. IMPORTANT: THIS DOCUMENT RELIEVES Seaside Ice, LLC dba Ice-America, ICE WORLD INTERNATIONAL, THE CHAMBER OF COMMERCE OF PORT ANGELES WASHINGTON, THE CITY OF PORT ANGELES, AND OTHERS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY, WRONGFUL DEATH, AND PROPERTY DAMAGE CAUSED BY NEGLIGENCE. A PARENT OR LEGALLY APPOINTED GUARDIAN MUST SIGN. ANY ADULT WHO SIGNS FOR A MINOR(S) IS DECLARING THAT THEY ARE A PARENT OR LEGAL GUARDIAN WITH FULL AUTHORITY TO GIVE PERMISSIONS FOR THE MINOR(S). I UNDERSTAND THAT I AM ADVISED TO HAVE INDEPENDENT COUNSEL REVIEW THIS AGREEMENT. I HAVE READ THIS DOCUMENT, UNDERSTAND THAT I WILL GIVE UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN VOLUNTARILY. I AM AWARE OF THE RISKS INVOLVED IN MY AND/OR THE MINOR(S)’S PARTICIPATION IN THE EVENT OR ACTIVITY. I UNDERSTAND THAT I HAVE THE RIGHT TO HAVE INDEPENDENT COUNSEL REVIEW THIS AGREEMENT AND WAS SPECIFICALLY ADVISED TO RETAIN COUNSEL TO REVIEW THIS AGREEMENT. I AM LEGALLY COMPETENT TO SIGN THIS RELEASE AND DO SO OF MY OWN FREE WILL. I HAVE BEEN ADVISED THAT PARTICIPANTS SHOULD WEAR HEAD PROTECTION. Date: November 21, 2024
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