Notice – By signing this document you may be waiving certain legal rights, including the right to sue.
Release and Waiver of Claims; Indemnification Agreement
In consideration of being allowed to use the facilities and participate in programs and events (“Programs”) at Spirit Ice Arena (the “Host”), the Participant, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, do hereby agree, to the fullest extent permitted by law, as follows:
1) TO WAIVE ALL CLAIMS that they have or may have against the Host arising out of the Participant’s participation in the Programs or the use of any equipment provided by the Host (“Equipment”). The Participant and his/her Parents or legal guardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the Host, its owners, affiliates, operators, employees, landlord, agents, and officers, to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct;
2) TO ASSUME ALL RISKS of participating in the Programs and using the Equipment, even those caused by the negligent acts or conduct of the Host, its owners, affiliates, operators, employees, landlord, agents, and officers. The Participant and his/her Parents or legal guardian(s) understand that there are inherent risks of participating in the Programs and using the Equipment, which may be both foreseen and unforeseen and include serious physical injury and death;
3) TO RELEASE the Host, its owners, affiliates, operators, employees, landlord, agents, and officers from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Programs and use of the Equipment, including while receiving instruction and/or training; and
4) TO INDEMNIFY the Host, its owners, affiliates, operators, employees, landlord, agents, and/or officers, from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of participation in the Programs and use of the Equipment.
WAIVER OF JURY TRIAL
EACH PARTY HERETO IRROVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY AND ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. ALL DISPUTES MUST BE RESOLVED IN THE FORM OF A BENCH TRIAL BEFORE THE STATE DISTRICT COURTS LOCATED IN BRAZOS COUNTY TEXAS.
CHOICE OF LAW AND VENUE
THE PARTIES CONSENT TO THE JURISDICTION OF THE STATE DISTRICT COURTS LOCATED IN BRAZOS COUNTY TEXAS, AND WAIVE ANY OBJECTIONS TO PERSONAL JURISDICTION AT THE STATE DISTRICT COURT LEVEL. THE LAW OF THE STATE OF TEXAS (EXCLUSIVE OF CONFLICTS OF LAW PRINCIPLES) GOVERN THIS AGREEMENT.
The Participant certifies that he/she has no physical or mental condition that precludes him/her from participating in the Programs and that he/she is not participating against medical advice. The Participant understands that his/her participation in the Programs is voluntary and further understands that he/she has the opportunity to inspect the Host’s equipment and location before any participation. The Participant understands that he/she is obligated to follow the rules of the Programs and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings. If, while participating in the Programs, the Participant observes any unusual hazard, which he/she believes jeopardizes his/her personal safety or that of others, he/she will remove himself/herself from participation in the Programs and immediately bring said hazard to the attention of the Host.
Parent/legal guardian hereby agrees to explain to my child that the risk of injury while
participating in the Programs can be reduced by following the rules and through the use of common sense and good judgment. To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations and times, prohibited the congregation of large groups of people.
Spirit Ice Arena (SIA) has put in place preventative measures to reduce the spread of COVID-19 and other contagious diseases; however, SIA cannot guarantee that you, your child(ren) or your guest(s) will not become infected with COVID-19 or other contagious diseases. Further, participating in activities at SIA could increase your risk and your child(ren)’s risk of contracting COVID-19 and/or an airborne illness.
Upon Entering Spirit Ice Arena:
I acknowledge the contagious nature of COVID-19 and other contagious diseases and voluntarily assume the risk that my child(ren), my guests and I may be exposed to or infected by COVID-19 et al by attending or participating in activities of SIA and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by a contagious disease at SIA may result from the actions, omissions, or negligence of myself and others, including, but not limited to, SIA employees, volunteers, and program participants and their families. I also attest that my child(ren), my guests, and I have not experienced any symptoms of, nor been diagnosed with, COVID-19 or ANY contagious disease OR traveled to areas designated as high risk by the Centers for Disease Control and Prevention (CDC).
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at SIA or participation in SIA programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless SIA, its owners, employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of SIA, its owners, employees, agents, and representatives, whether a COVID-19 or any contagious disease infection occurs before, during, or after participation in any SIA program. I voluntarily agree to follow the minimum standard health protocols/rules for SIA customers.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS.
Parents or Guardians must also sign if the Participant is UNDER 18.