ASSUMPTION OF RISK AND RELEASE FROM LIABILITY AGREEMENT
PLEASE READ CAREFULLY
THIS IS A LEGAL DOCUMENT. By signing it, you are limiting your ability to recover from Modern Skate Park any damages you sustain while at the Skate Park. If you have any questions about the legal consequences of this document, please obtain advice from your lawyer prior to signing. This document must be signed before you participate in any activity at the skate park.
You agree not to sue Modern Skate Park or any of its affiliates for any claims you may have.
This agreement is entered into between Modern Skate Park, LLC (MSP) and the undersigned participant with respect to participation at the skate park facilities operated by MSP. In consideration of the use of the Skate Park and facilities operated by MSP, participant agrees as follows:
1. Participant forever waives any cause of action against MSP and its affiliates, owners, agents, employees, and any other person or company in any way associated with it for any damages which might arise from any failure of equipment that is used in this activity.
2. In the event a third party (or parties) is injured in any occurrence in which the undersigned participates, the undersigned shall forever indemnify, defend and hold harmless MSP, its affiliates, its owners, agents, and employees, from ALL costs and expenses which arise from claims by such injured parties.
3. Participant authorizes any medical treatment deemed necessary in the event of any injury while participating in skate park activities. It is the responsibility of participant to carry full and complete insurance coverage for personal bodily injury and personal property damage to participant and any other individuals who may be injured resulting from skate park activities (or, in its absence, agree to pay all costs of rescue and/or medical services that may be incurred on behalf of the participant).
4. Participant understands and accepts that skateboarding, in-line skating, roller skating, scootering and biking, in their various forms, are hazardous sports and have many dangers and risks, which include serious bodily injury or death. Participant hereby agrees to freely and expressly assume and accept any and all risks of injury.
5. Participant agrees to skate/ride within his/her own abilities and be aware of others around them. No inverted maneuvers are allowed at any time. Participant represents that he/she is physically fit and adequately trained to safely participate in this physically demanding activity, and that he/she does not suffer from any injury, defect, ailment, illness or the like which could conceivably lead to injury or death from participation in this activity. (Please initial)
6. The participants Assumption of Risk and Release of Liability Agreement is on behalf of the user of the park, and his or her spouse, personal representatives, assigns, heirs, next of kin, family, relatives, executors, trustees, conservators, administrators, agents and guardians.
7. Participant agrees to give up their right to a trial by a court or a jury. Any dispute or claim between participant and MSP, including those arising out of or related to this Agreement, the interpretation of this Agreement, or any damages, shall be settled by binding arbitration in accordance with the Rules of the American Arbitration Association. The arbitrator’s award shall be final and binding upon the parties, and judgment upon the award may be entered by any court of competent jurisdiction. The place of arbitration shall be the county or jurisdiction where the park is located.
8. By tendering this application, participant agrees to abide by all Rules and Regulations provided below now in effect or later modified, recognizing that any violation may subject him/her to expulsion from MSP.
MODERN SKATE PARK RULES & REGULATIONS
The undersigned hereby grants permission to MSP, the right to use his or her voice and/or likeness, and photographs taken in advertising and promotional materials including radio, television, video tape, newspaper, magazines, programs, print advertisements, web and all other media throughout the world in perpetuity.
Membership fee is payable, in advance, and not refundable or transferable.
Abuse of equipment will not be tolerated.
Loud or abusive language is not permitted.
Alcoholic beverages, illegal drugs or smoking are not permitted at any time on the property.
Helmets are required protective gear, shirts and shoes must be worn at all times in the skating area.
Skate/ride within your abilities. Be aware of others around you. No inverted maneuvers are allowed at any time.
Participant/member agrees not to create any nuisance, disturbance or harass or threaten other participants, members, guests, or personnel or commit acts of moral turpitude or fraud while using the park or its facilities.
Any roller skater must have a “high top” boot (above the ankle) in order to ride ramps over 4’ tall.
ANYONE WHO VIOLATES THESE RULES AND REGULATIONS IS SUBJECT TO EXPULSION FROM THE PARK AND REVOCATION OF MEMBERSHIP WITH NO REFUND OF ANY FEES.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19 & Modern Skate Park
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, limited the congregation of groups of people. Modern Skate Park and all of its affiliates have put in place preventative measures to reduce the spread of COVID-19; however, they cannot guarantee that you will not become infected with COVID-19. Further, participating in activities at Modern Skate Park could increase your risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and volunatarily assume the risk that I may be exposed to or infected by COVID-19 by being at Modern Skate Park and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Modern Skate Park may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Modern Skate Park employees, other participants, vendors or affiliates and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind that I may experience or incur in connection with my being at Modern Skate Park or participation in Modern Skate Park acitivies and athletic camps. On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless Modern Skate Park, its employees, agents and representatives, of and from the Claims, including all liabilities, Claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Modern Skate Park, its employees, agents and representatives, whether COVID-19 infection occurs before, during, or after participation in any Modern Skate Park services. My signature indicates
I DO NOT HOLD Modern Skate Park and all of its affiliates and members of Modern Skate Park accountable for any accidents or the spread of COVID-19 that may occur as a result of participation in any activity at Modern Skate Park. The particapant is physically qaualified to participate in activities at Modern Skate Park. I hereby authorize Modern Skate Park staff to act for me, according to their best judgement, in any medical emergency.
MEMBERSHIP TERMS AND CONDITIONS
These Rules and Regulations may be modified from time to time in the sole discretion of MSP. Changes in activity rates, schedules and hours of operation may also be made at any time, without notice, in the sole discretion of MSP.
WAIVER OF LIABILITY
Participant, member, guest or patron shall participate in skateboarding/in-line skating/scootering/roller skating/ biking and/or use any of MSP’s facilities, services, or equipment, at his/her own risk. MSP shall not be liable for any damages for personal injuries sustained by any participant, member, guest of patron in, on or about the premises of MSP from any and all claims, demands, or causes of action, including, without limitation, any claim for personal injuries arising out of the use of its facilities, services, or equipment, or arising out of the negligence of MSP, its owners, affiliates, agents or employees or any other person at MSP.
PERSONAL PROPERTY AND VALUABLES
MSP shall not be liable for the loss or theft of, or damage to, the personal property of any participant, member, guest or patron.
Members and non-members using MSP must sign in at the reception desk. Payment for skating is required prior to beginning your skate session and failure to do so may result in losing skating privileges. Member agrees that use of their membership by anyone other than the person named herein is prohibited, and expulsion may result to the member with no membership refund.
By signing this form, I acknowledge that I have read both sides of this document and fully understand this release.
I am signing of my own free will and volition.
Today's Date: February 6, 2023
UNDER 18? PARENT/LEGAL GUARDIAN MUST SIGN IN FRONT OF A MODERN SKATE PARK EMPLOYEE OR WAIVER MUST BE NOTARIZED – NO EXCEPTIONS