In consideration of the opportunity to ice skate (the “Activity”) at The Cosmopolitan of Las Vegas’ ice rink (the “Venue”), I, (the undersigned) for himself/herself and his/her personal representatives, executors, liquidators, administrators, heirs, next of kin, successors, agents and assigns, and anyone else who might claim on his/her behalf (collectively, “Participant”) hereby voluntarily agree to the following terms of this Participant Limitation of Liability Form (the “Limitation of Liability”). 1. PARTICIPANT ASSUMES RISK. Participant understands, and voluntarily and expressly consents to assume all responsibility for the inherent risks and dangers associated with the Activity, including but not limited to injury and illness. Participant understands ice skating can be an inherently dangerous activity. The Venue makes no representations or warranties with respect to the Activity. In the event of any injury to Participant, Nevada Property 1 LLC d/b/a The Cosmopolitan of Las Vegas (“Owner”) and any person or entity, which, directly or indirectly, controls, is controlled by, or is under common control with the foregoing along with their respective parents, subsidiaries, landlords, partnerships, joint venturers, other affiliates, officers, directors, members, managers, shareholders, contractors and employees (collectively, “Owner Parties”) will not be responsible for any decisions relating to medical care or treatment of Participant or for such treatment itself or any expenses incurred in connection therewith. 2. LIMITATION OF LIABILITY. Participant hereby agrees that IF ANY OF THE OWNER PARTIES should be found liable for loss, damage or injury due to OR IN CONNECTION WITH the activity or PARTICIPANT’S PRESENCE AT THE venue, the MAXIUM AGGREGATE LIABILITY FOR THE Owner Parties will not EXCEED THE SUM OF ONE THOUSAND U.S. DOLLARS ($1,000.00). 3. REPRESENTATIONS. Participant represents and warrants that he/she: (a) is in good health to be able to participate in the Activity and is not subject to any medical condition that poses or may pose any risk of harm or disability to Participant; and (b) is of sound mind and body and not under the influence of alcohol or any other drug or medication that may in any way impair Participant’s ability to enter into this Limitation of Liability, fully understand the intent and meaning of all the terms and provisions of this Limitation of Liability or participate safely in the Activity. None of the Owner Parties shall have, or be deemed to have, any obligation to Participant hereunder or otherwise in connection with the Activity. 4. MISCELLANEOUS. This Limitation of Liability shall constitute the entire understanding between Participant and the Owner Parties with respect to the subjects discussed in this Limitation of Liability. This Limitation of Liability shall be governed by and construed in accordance with the laws of the State of Nevada. The courts of the State of Nevada shall have exclusive jurisdiction with respect to all matters and disputes relating to or arising from Participant’s participation in the Activity and/or this Limitation of Liability, and the parties hereto irrevocably submit to such jurisdiction. If any portion of the Limitation of Liability shall be held invalid or unenforceable, the remaining portion hereof shall not be affected thereby and shall remain in full force and effect. I HAVE READ THIS LIMITATION OF LIABILITY AND FULLY UNDERSTAND ITS TERMS AND THEIR SIGNIFICANCE. I HAVE SIGNED THIS LIMITATION OF LIABILITY FREELY AND VOLUNTARILY WITHOUT ANY COERCION, INDUCEMENT, ASSURANCE OR GUARANTEE. I Agree Dated: January 21, 2025
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