WAIVER, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
TODAY'S DATE: January 22, 2021
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, his or her 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 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.
I acknowledge that the presence of COVID-19 in the Ice Arena and in the community is a risk inherent to public spaces and interaction with others. I assume all risk of myself or my child contracting COVID-19 due to entry into the Ice Arena, participation in Ice Arena programs, and the use of shared restrooms and shared equipment. I agree that I will not enter the Ice Arena if I or a member of my household has tested positive for COVID-19 in the past three weeks.
INDEMNIFICATION AND HOLD HARMLESS: I furthermore agree, on behalf of myself or 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 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.