Today's Date: June 1, 2023
In consideration of (i) being permitted to utilize the ice skating rink, and (ii) the use of any rental equipment, if any (collectively, the "Activity"), the participant ("Participant") hereby for itself, minor children, heirs, executors, administrators, successors and assigns (as applicable), agrees to assume all risks incidental to Participant's participation in the Activity. PARTICIPANT HEREBY ACKNOWLEDGES THAT ICE IS VERY SLIPPERY AND ICE SKATING MAY INVOLVE FALLS UPON THE ICE, COLLISIONS WITH OTHER SKATERS, OBJECTS OR STRUCTURES, AND MAY THEREFORE BE CONSIDERED AN OPEN AND OBVIOUS HAZARDOUS ACTIVITY WHICH PARTICIPANT HAS ELECTED TO VOLUNTARILY PARTICIPATE, WITH FULL KNOWLEDGE, ACCEPTANCE AND ASSUMPTION OF ANY AND ALL RISKS OF SERIOUS PERSONAL INJURY, DEATH OR PROPERTY DAMAGE.
1. Participant hereby RELEASES, COVENANTS NOT TO SUE, AND FOREVER DISCHARGES Encompass Sports Management, L.L.C., State Fair of Louisiana, and each of their respective insurers, parents, subsidiaries, or affiliated or related companies; and the officers, directors, employees, agents, managers, members, representatives, independent contractors, successors, assigns and volunteers of each of the foregoing (collectively, "Released Parties"), of and from all liabilities, claims, actions, damages, costs or expenses (including, but not limited to, all attorneys' fees) whatsoever, in law or in equity, known or unknown, of any nature arising out of or in any way connected with the Activity ("Claims"). PARTICIPANT FURTHER AGREES TO INDEMNIFY, DEFEND AND HOLD EACH OF THE RELEASED PARTIES HARMLESS from and against any and all Claims. This indemnity, defense and hold harmless obligation includes any claims based on the negligence, fault, action or inaction of any of the Released Parties and covers bodily injury (including death), property damages, and loss by theft or otherwise, suffered by Participant. Participant declares that Participant is physically fit and has the skill level required to participate in the Activity and does not have any known medical condition or disability which may be incompatible with safe participation in the Activity. Participant further authorizes to Encompass Sports Management, L.L.C. to arrange medical treatment, at Participant's cost, if the need arises.
2. Participant further grants the Released Parties the right to photograph and/or videotape Participant and further to display, use and/or otherwise exploit Participants name, face, likeness, voice, and appearance forever and throughout the world, in all media, whether now known or hereafter devised, including, without limitation, digitized images, whether for advertising, publicity, or promotional purposes, without compensation, reservation or limitation. The Released Parties are, however, under no obligation to exercise any rights granted herein.
3. Participant further warrants and agrees to abide by the following:
a. Parents must be present at the skating rink to supervise children at all times
b. Participants under the age of six (6) must at all times be accompanied by a parent or legal guardian while on ice skating rink
c. All skaters are encouraged to wear available safety equipment at all times
d. Avoid other skaters; do not skate against traffic; persons ahead of you have the right of way
e. Always keep moving
f. Do not skate faster than conditions permit
g. No tricks, jumps, weaving or horseplay
h. No carrying children or other items (including cameras or headphones) while skating
i. Do not go on ice without skates
j. Do not wear skates in stands
k. Keep exits clear
l. No skating while under influence of, or in any way impaired by, any drug (legal or illegal) or alcohol
4. Participant agrees to indemnify the Released Parties for any and all loss of or damages to any rental equipment and promptly repair or replace such rental equipment at Participant's sole cost.
5. This Waiver, Release, Indemnity and Permission Form ("Waiver") shall be governed by the laws of the State of Louisiana without regard to conflicts of laws principles. Any legal proceeding of any nature brought to enforce any right or obligation under this Waiver, or arising out of any matter pertaining to this Waiver, shall be submitted for trial, without jury, before the First Judicial District Court in and for Caddo Parish, Louisiana. Participants consent and submit to the exclusive jurisdiction and venue of such court. Participant HEREBY WAIVES ANY RIGHT TO A JURY TRIAL WITH RESPECT TO ANY CLAIM RELATING TO THE ACTIVITY. Furthermore, Participant expressly agrees that if any one or more of the provisions contained in this Waiver are held to be invalid, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Waiver, which shall otherwise continue to be enforceable. Participant warrants it is 18 years of age or older or, if not 18 years of age, this document is executed by a parent or legal guardian effective to bind such parent or legal guardian to the provisions of this Waiver on behalf of Participant.
IN WITNESS HEREOF, WITH THE INTENT TO BE LEGALLY BOUND, the undersigned have executed this date, June 1, 2023.