ASSUMPTION OF RISK Participant and/or Participant’s parent(s) or guardian (collectively “Releasing Party”) represents and warrants that Releasing Party is physically and mentally fit to participate in the Skating Rink and related activities. Releasing Party agrees to abide by all safety guidance and other instructions and will excise care to avoid all hazards and understands and agrees that attendees that appear to be under the influence of alcohol or any illegal drugs, or who refuse to abide by safety guidance and other instructions, shall not be permitted to participate in the Skating Rink and related activities. Releasing Party further acknowledges that photos will be taken at the Skating Rink and used without compensation in any and all print and electronic media, including online. RELEASING PARTY IS AWARE AND UNDERSTANDS THAT THE SKATING RINK AND RELATED ACTIVITIES CONTAIN DANGERS AND/OR INVOLVE THE RISK OF SERIOUS INJURY, DEATH AND/OR PROPERTY DAMAGE. RELEASING PARTY ALSO ACKNOWLEDGES THE CONTAGIOUS NATURE OF COVID-19 AND VOLUNTARILY ASSUMES THE RISK OF POTENTIAL EXPOSURE IN PARTICIPATING IN SKATING RINK RELATED ACTIVITIES. RELEASING PARTY ACKNOWLEDGES THAT HE/SHE IS VOLUNTARILY PARTICIPATING IN THE SKATING RINK ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREES TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, ILLNESS, DEATH AND/OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF PALMER SQUARE MANAGEMENT, LLC AND/OR NILP, LLC, OR OTHERWISE. RELEASE AND WAIVER OF CLAIMS AGREEMENT In allowing Releasing Party to participate in Skating Rink and related activities for the Season (November 18, 2023-February 25, 2024), Releasing Party hereby expressly waives any and all rights or claims he/she may have against Palmer Square Management, LLC, NILP, LLC and their affiliates, directors, officers, employees, members, staff, subsidiaries, agents, volunteers and all individuals assisting in instructing, sponsoring and conducting the Skating Rink and related activities, and hereby fully releases and discharges them from any and all claims resulting from injuries, illness, including death, damages or loss, which may accrue to Releasing Party or his/her heirs arising out of or in any way connected with my participation in the Skating Rink and related activities. Releasing Party further agrees to indemnify, defend and hold harmless Palmer Square Management, LLC and NILP, LLC, their affiliates, directors, officers, employees, members, staff, subsidiaries, agents, volunteers and all individuals assisting in instructing, sponsoring and conducting the Skating Rink and related activities, from any and all claims resulting from injuries, illness, including death, damages or loss, which may accrue to Releasing Party or his/her heirs. Releasing Party hereby consents and agrees that Palmer Square Management, its representatives and employees, have the right to take or use photographs or video of Releasing Party and/or Releasing Party's property for promotional purposes, in any and all media worldwide including in print and/or electronically including online, now or hereafter known, and for any purpose whatsoever.This Release and Waiver shall be enforceable to the fullest extent permitted by law and if any portion is held invalid, the remainder shall not be affected and shall continue in full legal force and effect. The terms of this Release and Waiver shall be interpreted under New Jersey law and shall continue from this date forever. This document constitutes the entire agreement between Releasing Party and Palmer Square Management, LLC and NILP, LLC, and supersedes any previous discussions or agreements with respect to the Skating Rink and related activities. ACKNOWLEDGEMENT AND CONSENT TO RELEASE AND WAIVER I HEREBY ACKNOWLEDGE THAT I HAVE READ, UNDERSTOOD, AND AGREE TO ALL OF THE TERMS OF THIS RELEASE AND WAIVER. Today's Date: December 1, 2023 |