WAIVER AND RELEASE OF LIABILITY ASSUMPTION OF ALL RISKS AND CONSENT TO USE OF LIKENESS READ BEFORE SIGNING By signing below, I agree that: 1. I have voluntarily decided to participate in activities and events at, and use the facilities of, Ocala Skate Shop/ Phillip Hajal, which is owned and operated by Ocala Skate Shop/ Phillip Hajal. and all sponsors and affiliates related to Ocala Skate Shop/ Phillip Hajal. 2. I am voluntarily participating with the knowledge of the numerous risks and dangers involved, including but not limited to: physical exertion for which I may not be prepared; consumption of alcoholic beverages; breakdown of equipment, whether rented or owned; accident or illness; the risk of negligence by myself or others, including Ocala Skate Shop/ Phillip Hajal; and the potential for serious injury, including permanent paralysis or death. 3. I will follow all written and verbal rules of safety presented to me by Ocala Skate Shop/ Phillip Hajal. 4. The enjoyment and excitement of participating at a skate park is derived in part from the inherent risks associated with an activity that is beyond the generally accepted margins of safety, and that these inherent risks contribute to such enjoyment and excitement, and are one the significant reasons for my participation. 5. I am responsible for my own welfare and accept any and all risks of unanticipated or anticipated events, illness, injury, emotional or physical trauma or death. 6. One of the conditions to participating at Ocala Skate Shop/ Phillip Hajal is my execution of this Waiver; therefore, as lawful consideration for being permitted to participate, I hereby RELEASE AND DISCHARGE Ocala Skate Shop/ Phillip Hajal., Ocala Skate Shop/ Phillip Hajal. ITS SHAREHOLDERS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SPONSORING AGENCIES, SPONSORS, ADVERTISERS, AND THE OWNERS AND LESSORS OF PREMISES USED TO CONDUCT A Ocala Skate Shop/ Phillip Hajal RELATED EVENT (“RELEASEES”), FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM MY PARTICIPATION IN ACTIVITIES OR EVENTS AT Ocala Skate Shop/ Phillip Hajal. 7. This release shall be legally binding upon me personally, all members of my family and all minors accompanying me, my heirs, successors, assigns and legal representatives, it being my intention to fully assume all of the risks associated with my use of Ocala Skate Shop/ Phillip Hajal and to release from any and all liabilities associated with my use of Ocala Skate Shop/ Phillip Hajal facilities to the maximum extent permitted by law. 8. Ocala Skate Shop/ Phillip Hajal, its agents, successors and/or assigns, reserve the right to take photographic, film, audio or digital records of me using Ocala Skate Shop/ Phillip Hajal facilities or participating in events or activities sponsored by Ocala Skate Shop/ Phillip Hajal, and I further agree that Ocala Skate Shop/ Phillip Hajal may use any such Media for promotional and/or commercial purposes, as well as approve such use by third parties with whom Ocala Skate Shop/ Phillip Hajal may engage in joint marketing, without any remuneration to me. I hereby assign Ocala Skate Shop/ Phillip Hajal all right, title and interest I may have and grant Ocala Skate Shop/ Phillip Hajal a royalty-free, exclusive, perpetual and irrevocable license to the Ocala Skate Shop/ Phillip Hajal Media. 9. I agree that any dispute or claim concerning this Agreement, shall be resolved exclusively by binding arbitration according to the then existing rules of the American Arbitration Association in Ocala, Florida. Florida law shall govern this Agreement, excluding any application or consideration of any conflict of laws provisions. 10. Ocala Skate Shop/ Phillip Hajal Facilities includes but is not limited to: the natural terrain of steps, ledges, rails and pathways. Vert ramp, Portable ramps, boxes and rails, and ANY imported objects for use is in the skate park. 11. In consideration of participating at Ocala Skate Shop/ Phillip Hajal I HEREBY RELEASE AND FULLY DISCHARGE Ocala Skate Shop/ Phillip Hajal, their partnerships, affiliates, subsidiary corporations and limited liability companies, and all of their respective owners, partners, shareholders, members, officers, directors, managers, employees, and agents (collectively the “Ocala Skate Shop/ Phillip Hajal. RELEASEES”, and each, a “Ocala Skate Shop/ Phillip Hajal. RELEASEE”) from any liability resulting from any personal injury to myself, including death, which is caused by the NEGLIGENT ACT OR OMISSION of any Ocala Skate Shop/ Phillip Hajal. RELEASEE with respect to: The condition of the park and surface - including screws or holes or cracks, changes in the park and surface caused by natural elements including sun or rain or snow, variances caused by resurfacing, and the fact that a skatepark is inherently dangerous;
The condition of the skatepark, and the walking areas surrounding the skatepark, including the fact that these areas may be slippery, uneven and weathered.
The size, fit, and fastening of safety equipment;
The presence of other skaters of varying levels of ability;
Instructions or lessons or warnings, whether given or not given;
Falls, both in the skatepark and in the walking areas surrounding the skatepark;
Collisions with other people;
Collisions with portable and fixed obstacles, benches, ledges, etc.;
Collisions with Bikes, scooters or other apparatus being used to participate in the skatepark.
Debris from leaves, food, food containers or wrappers, beverages, beverage containers, or dropped items of clothing or other personal effects.
Accessibility to all areas of the park regardless of skill level or designation as “advanced areas”. BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ, UNDERSTOOD AND AGREE TO THE WAIVER AND RELEASE OF LIABILITY AND ALL OTHER PROVISIONS SET OUT ABOVE. |