The undersigned hereby makes the following representations: (i) that the undersigned understands that the sport of curling is played on ice and requires physical fitness; (ii) that the undersigned possesses such physical fitness; and (iii) that the undersigned understands that the risks of participating in any curling activity could involve serious injury or death.
In consideration of being allowed access to the Ice Facility (as defined below) as a participant in any curling activity in the Ice Facility, I, the undersigned, for myself and my estate, successors, heirs, beneficiaries, administrators, trustees, representatives, and attorneys do hereby remise, release, acquit, and forever discharge (i) Hollywood Curling, a California Nonprofit Corporation (the “Club”); (ii) the United States Curling Association, Inc. (“USCA”); (iii) the Mountain Pacific Curling Association (“MoPac”); (iv) the respective successors and assigns or each of the Club, USCA, and MoPac and (v) the respective employees, officers, and directors, but only while acting in their capacity as such, of each of the Club, USCA, and MoPac (collectively, the “Releasees”) from any and all actions, causes of action, claims, demands, and liabilities, both in law and equity for damages and any court costs and legal expenses and fees associated therewith in respect of physical, mental, and bodily injury occurring to me while participating in any curling activity in the Ice Facility prior to the Expiration Date (as defined below); provided, however, that in the event such injury was caused, in whole or in part, by the willful, intentional, reckless, or grossly negligent action or failure to take action of any Releasee, such Releasee shall not be so remised, released, acquitted, or discharged hereby; and provided, further, that nothing herein shall be deemed to limit or exclude any action, cause of action, claim, demand, liability, payment, reimbursement, other benefit, or any court costs or legal expenses and fees that I or my estate, successors, heirs, beneficiaries, administrators, trustees, representatives, or attorneys might have or seek against (a) the Club’s “Participant Medical Accident” insurance coverage, (b) any other participant participating in any curling activity in the Ice Facility, or (c) against any other person or entity other than a Releasee.
The Ice Facility shall mean the facility and ice surface in which the sport of curling is played in any of the following locations:
- Ice Station Valencia, 27745 Smyth Dr, Valencia, CA 91355
- Pasadena Ice Skating Center, 300 E Green St, Pasadena, CA 91101
- Promenade Ice Chalet, 550 Deep Valley Dr #107, Rolling Hills Estates, CA 90274
- The Rink in Downtown Burbank, 150 N 3rd St, Burbank, CA 91502
- Holiday Ice Rink, 532 S Olive St, Los Angeles, CA 90013
- Valley Children’s Ice Center of Bakersfield, 1325 Q St #100, Bakersfield, CA 93301
The Expiration Date shall mean the date which is one (1) calendar year after the date this Release is executed below.
I certify that I am at least eighteen (18) years of age and have the legal capacity to execute this Participant Release on my own behalf.
I hereby revoke any and all releases of liability, waivers, and indemnifications previously executed by me in favor of any of the Releasees.
BEFORE SIGNING BELOW, I WAS GIVEN THE OPPORTUNITY TO READ THIS PARTICIPANT RELEASE AND TO CONSULT WITH AN ATTORNEY AS TO ITS SIGNIFICANCE. BY SIGNING BELOW, I UNDERSTAND THAT I AM WAIVING SIGNIFICANT RIGHTS. I UNDERSTAND THE MEANING OF THIS PARTICIPANT RELEASE AND THE RIGHTS I AM WAIVING. NOTWITHSTANDING THE FOREGOING, I HAVE CHOSEN, OF MY OWN FREE WILL, TO EXECUTE THIS PARTICIPANT RELEASE.
Date: March 20, 2019