WAIVER, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT TODAY'S DATE: November 18, 2024 WAIVER: In consideration of permission to use, today and all future dates, the property, facility, staff, equipment and services of the Park City Municipal Corporation, the Park City Ice Arena, and the Park City Ice Arena Equipment Rental Facility, collectively referred to as “the City”, I, for myself, my heirs, personal representatives or assigns or, for my child, their heirs, personal representatives or assigns do hereby waive, release, and discharge the City, its employees, officers, and agents, from and against any and all claims, including, but not limited to, those arising from the negligence of the City, my or my child’s participation in, or observation of, the City’s recreation programs or activities, and use of facilities, premises or equipment, resulting in illness, injury, death, or property loss. ASSUMPTION OF RISK: I understand that physical activity, by its very nature, carries with it inherent risks that cannot be eliminated regardless of care taken to avoid injuries. I recognize that engaging in, as well as, observing this recreational event or activity, and using rental equipment or personal equipment for ice skating and other sports can involve risk of personal injury or death. I hereby assert that my or my child’s participation is voluntary and I knowingly assume such risks for myself or my child. I also understand that I, my child, our heirs, personal representatives and assigns are barred by Utah Code Section 78B-4-509 from bringing any claims against the City for injuries or damages resulting from the inherent risks of participating in this recreational activity. CONCUSSION AND HEAD INJURY POLICY. The City’s Concussion and Head Injury Policy can be found here. Concussions and head injuries can be caused by bumps or blows to the head and pose a serious risk to participants of all recreational sporting events. They can range from mild to severe and can disrupt the way the brain normally works. All are potentially serious and may result in complications, including prolonged brain damage and death if not recognized and managed properly. Continuing to play with the signs and symptoms of a concussion and/or traumatic head injury leaves individuals vulnerable to greater injury. There is an increased risk of significant damage from a concussion for a period of time after that concussion occurs, particularly if the individual suffers another concussion before completely recovering from the first one. This can lead to prolonged recovery, or even to severe brain swelling (second impact syndrome) with devastating and even fatal consequences. Additionally, having had one concussion significantly increases a person’s risk of having another. Symptoms of a concussion may include the following: (1) Headache or “pressure” in head, (2) Nausea or vomiting, (3) Balance problems or dizziness, (4) Double or blurry vision, (5) Bothered by light, (6) Bothered by noise, (7) Feeling sluggish, hazy, foggy, or groggy, (8) Difficulty paying attention, (9) Memory problems, (10) Transient confusion, disorientation, or impaired consciousness, and (11) Loss of consciousness. By signing below, I acknowledge that I have read, understand, and agree to abide by, the Concussion and Head Injury Policy. I understand that concussions and head injuries are risks associated with any sporting event. I agree that I will abide by a City official’s decision to remove myself or my child from a sporting event if the official suspects me or my child has sustained a head injury or concussion. I also agree to abide by the policy’s mandate to provide a note from a qualified health professional before my child may resume participation in Department sporting events. INDEMNIFICATION AND HOLD HARMLESS: I agree, on behalf of myself and my child to INDEMNIFY and HOLD HARMLESS the City, its employees, officers, and agents, from any and all claims, actions, suits, procedures, costs, damages and liabilities, including attorneys’ fees, brought as a result of my or my child’s involvement at the City’s facilities and to reimburse them for any such expenses incurred. SEVERABILITY: The undersigned expressly agrees that the foregoing Waiver, Assumption of Risk and Indemnity Agreement is intended to be as broad and inclusive as permitted by the State of Utah, and that if any portion thereof is held invalid, it is agreed that the balance shall continue in full legal force and effect. ACKNOWLEDGEMENT AND UNDERSTANDING: I have read this Waiver, Assumption of Risk and Indemnity Agreement, fully understand its terms and agree that I am giving up substantial rights, including my and my child’s right to sue. I acknowledge that I am signing this agreement freely and voluntarily, and I intend my signature to be a complete and unconditional release of liability to the greatest extent allowed by law. CONSENT TO BE PHOTOGRAPHED: I agree that any photographs/video taken of me or my child during the recreation program may be used in future promotional materials. I further agree that this Waiver SHALL BE EFFECT NOW AND EACH TIME I or my child uses this facility thereafter. NOTICE TO THE MINOR CHILD’S GUARDIAN: 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 CITY USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT, YOUR RIGHT, AND THE RIGHTS OF OTHERS TO RECOVER FROM THE CITY IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE AN INHERENT PART OF THE ACTIVITY.
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