FOR GOOD AND VALUABLE CONSIDERATION, including permission for myself and the minor(s) listed below ("Minor(s)") to ice skate, rent ice skating equipment and otherwise participate in related activities (collectively, the “Activities”) at THE RINK AT THE COSMOPOLITAN (the “Facilities”), I voluntarily, for myself, my successors, heirs, assigns, executors, and administrators, and as the parent/guardian of the Minor(s) and on behalf of the Minor(s):
Agree to the Arbitration Agreement referenced below such that any dispute between myself and either Nevada Property 1 LLC dba The Cosmopolitan of Las Vegas (“Company”) or any of the Indemnified Parties (defined below) will be resolved by mandatory binding arbitration, except for certain types of disputes as identified or unless I expressly reject arbitration as contemplated by the Arbitration Agreement, and that I waive any right to participate in a class action lawsuit or class-wide arbitration. Agree to read, to have Minor(s) read and, if necessary, to explain to Minor(s) all posted signs and warnings and agree to obey those signs and warnings located at the Facilities.
Agree to accept for use “AS IS” any equipment rented at the Facilities or for the Activities and that prior to participating in the Activities, prior to providing consent to the Minor(s)'s participating in the Activities, and prior to my participation and/or the Minor(s)'s participation in the Activities, the Minor(s) and I will inspect the Facilities, equipment, and areas where the Activities are being conducted and, if either of us believes any of them are unsafe, I will immediately advise the person supervising the Activities and/or Facilities;
Acknowledge and agree that the Minor(s) and I fully understand that my participation and/or the Minor(s)' participation in the Activities, including, but not limited to, ice skating, use of ice skate rentals and ice rink activities is considered a hazardous activity and involves risk of falling, collision, serious INJURIES or DEATH, and economic losses, which may result not only from my or the Minor(s)' own actions, in-actions, or negligence, but also from the actions, in-actions, or negligence of others, the condition of the Facilities, equipment, or areas where the Activities are being conducted, the rules of play, or this type of event or activity.
Acknowledge, understand and agree that slips and falls can occur entering into and exiting the ice rink, the rental area and all other areas of and surrounding the Facilities and that risks associated with the Activities include, without limitation, unstable snow and ice, frostbite, hypothermia, marked and unmarked obstacles, slippery or uneven walking surfaces, surfaces covered with ice, snow and water, falling, changing weather conditions, existing and changing ice and snow conditions, collisions with natural and man-made objects and with others, collisions with the ice, equipment failure, equipment malfunction, improper use of equipment, tripping, loss of balance, strenuous activity and transportation to or from the ice rink;
Release, hold harmless, waive, discharge and relinquish Company, Indemnified Parties and each of their respective officers, shareholders, members, directors, insurers, employees, and agents from any and all liability, loss, damage, claim, demand or cause of action of whatever nature, now known or hereafter known, brought against either Company or their affiliates or any of their respective employees and representatives relating to or arising out of or attributable to my or the Minor(s)’ participation in the Activities, whether same arises by either Company’s negligence or otherwise;
Assume any and all risks of illness or personal injuries to myself and/or the Minor(s) and authorize each Company to contact or employ a licensed physician to render any medical treatment that may be deemed necessary for physical injuries for me or for the Minor(s) or to take and admit me and for the Minor(s) to any hospital. If such medical treatment or hospitalization is required, I agree to pay all medical and hospital bills relating thereto, and agree to pay all damages relating to my and/or the Minor(s)' permanent or partial disability or death, and any other damages to me and for the Minor(s), and any other damages to my or the Minor(s)' property, caused by or arising from my participation or the Minor(s)' participation in the Activities;
Covenant not to sue or present any claim for personal injury, illness, property damage, loss of work or employment, or wrongful death for or on behalf of myself or the Minor(s) against Company, the Indemnified Parties or their respective officers, shareholders, members, directors, insurers, employees, or agents attributable to my or the Minor(s)' participation in the Activities and agree I will be responsible for paying all costs and fees, including attorneys’ fees, they incur arising out of the violation of this provision;
Agree that photographs, pictures, slides, movies, or videos of myself and/or the Minor(s) may be taken in connection with my or the Minor(s)' participation in the Activities, and consent to the use of such photographs, pictures, slides, movies, or videos for any legal purpose, without compensation. Further, I consent that my identity and/or the Minor(s)' identity may be revealed either therein, or by description, text, commentary, or otherwise, and waive any and all rights, claims or interest in such photographs, pictures, slides, movies, videos, description, text or commentary, and understand that there will be no financial or other remuneration;
Warrant that I am in good health and that the Minor(s) is (are) in good health and have no physical condition that would prevent me or the Minor(s) from participation in the Activities;
Even in light of the safety protocols in place, acknowledge and voluntarily assume the risk that visiting the Facilities and the property owned or managed by either Company and using any provided services and amenities involves a risk of exposure to those infections and diseases, including without limitation COVID-19, which may cause serious injury, illness, loss of work, or death.
Agree to defend, indemnify, save, and hold harmless Company, Company’s parent company, Company’s Affiliates, and each of their respective directors, agents, employees, landlords and overlandlords, officers, shareholders, members, insurers, owners, and affiliates (the “Indemnified Parties”) from any and all claims, demands, actions, and causes of actions whatsoever arising out of or related to the Activities or their use of the Facilities, including any loss, illness, damage or injury, including death, that may be sustained by myself or the Minor(s) or caused to others or their property by myself or the Minor(s) while taking part in the Activities, including, but not limited, to those injuries and damages caused by negligence and/or breach of warranty, express or implied, on the part of the Indemnified Parties. I agree to pay all costs including attorney’s fees incurred by any Indemnified Party in defending a claim or suit brought by or on behalf of myself or the Minor(s).
I agree to, and further agree to have the Minor(s), exercise care customarily used by participants in activities of this nature or that would be exercised by a reasonable person in a similar circumstance.
The Minor(s) and I are not now, nor will any of us become, during participation in the Activities, impaired in any way by use of intoxicants or otherwise. The Minor(s) and I agree that I/We shall not participate in the Activities if we are in any way impaired by use of intoxicants or otherwise.
Any disputes arising from this Release and Waiver of Liability are subject to our AGREEMENT TO MANDATORY ARBITRATION AND CLASS ACTION WAIVER. The complete Arbitration Agreement can be found at https://www.cosmopolitanlasvegas.com/terms-conditions .
For purposes of this agreement the following deadlines apply to your right to reject this Agreement to Arbitrate: You may reject the Agreement to Arbitrate only if we receive from you by certified mail a written notice of rejection within the earlier of (a) thirty (30) days after you submit this Adult & Parental Consent, Release and Waiver of Liability, and Assumption of Risk Agreement or (b) seven (7) days after the date of your participation in the Activities. Your rejection notice must include your name, address, phone number, reservation number, and state “REJECTION NOTICE” in the subject line of the notice. Your rejection notice also must not be sent with any other correspondence. Rejection of arbitration will not affect your other rights or responsibilities under these Terms and Conditions. If you reject arbitration, neither you nor we will be subject to the arbitration provisions for your Reservation, however, the Class Action Waiver remains in effect.
If any portion of this agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue to be valid and enforceable. This agreement supersedes any oral or written statements made by or to me in connection with the Event. I understand that I cannot terminate, cancel, or revoke this agreement for any reason.
I HAVE READ THIS DOCUMENT, UNDERSTAND THAT I WILL GIVE UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN VOLUNTARILY. I AM AWARE OF THE RISKS INVOLVED IN MY AND/OR THE MINOR(S)' PARTICIPATION IN THE EVENT OR ACTIVITY. I FURTHER ACKNOWLEDGE THAT I WAS PROVIDED WITH THE OPPORTUNITY TO HAVE INDEPENDENT COUNSEL REVIEW THIS AGREEMENT AND WAS SPECIFICALLY ADVISED TO RETAIN COUNSEL TO REVIEW THIS AGREEMENT. I AM LEGALLY COMPETENT TO SIGN THIS RELEASE AND DO SO OF MY OWN FREE WILL. I HAVE BEEN ADVISED THAT PARTICIPANTS SHOULD WEAR HEAD PROTECTION.
Dated: December 8, 2022