Participation Will Not Be Granted If All The Following Is Not Properly Completed
PARTICIPANT AGREEMENT, RELEASE, AND ASSUMPTION OF RISK
In consideration of the services of Above Board Skatepark, LLC, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "Above Board”), I hereby agree to release, indemnify, and discharge Above Board, on behalf of myself, my children, my parents, my heirs, assigns, personal representative, and estate as follows:
1. I acknowledge that my participation in skateboarding, in-line skating, BMX bicycling, Soap shoes, scooters, or other activities or sports known as dangerous but not mentioned above entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: Collision with other participants, the walls, or other fixed objects; falling down; my own equipment failure or the failure of others’ equipment; my own or others’ negligence; and objects or conditions on the surface that may cause me to fall; broken bones, sprains, head and back injuries, abrasions, and bruises. Furthermore, Above Board employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They may give inadequate warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this above forementioned activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Above Board from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Above Board’s equipment or facilities, including any such claims which allege negligent acts or omissions of Above Board.
4. Should Above Board or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage to myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. I agree to follow the rules posted in the skatepark and skate shop and understand that failure to do so puts myself and others at risk and is cause for Above Board to request that I leave the premises and possibly be legally banned from returning.
7. I understand that photograph and/or video may be taken on occassion and during special events.I hereby grant permission to use these photographs, videos or other digital media in any of its publications, without payment or other consideration. I understand and agree that all photos will become the property of Above Board Skatepark and Shop. I hereby irrevocably authorize Above Board to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo. I hereby hold harmless, release, and forever discharge Above Board from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
8. In the event that I file a lawsuit against Above Board, I agree to do so solely in the state of North Carolina, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. By signing this document, I acknowledge that if anyone is hurt or property is damaged upon entering Above Board or during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Above Board on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.