ADULT & PARENTAL CONSENT, RELEASE AND WAIVER OF LIABILITY, AND ASSUMPTION OF RISK AGREEMENT
FOR GOOD AND VALUABLE CONSIDERATION, including permission for myself and the minor(s) listed below (“Minor(s)”) to skate and otherwise participate in related activities at The Kristi Yamaguchi Holiday Ice Rink located at City Center Bishop Ranch San Ramon, I, for myself, my successor, heirs, assigns, executors, and administrators, and as the parent/guardian of the Minor(s) on behalf of the Minor(s):
1. Agree that prior to participating in the event or activity, prior to providing consent to the Minor(s)’s participating in the event or activity, and prior to my participation and/or the Minor(s)’s participation in the event or activity, the Minor(s) and I will inspect the facilities, equipment, and areas where the event or activity is being conducted and, if either of us believes any of them are unsafe, I will immediately advise the person supervising the event, activity, facility or area;
2. Acknowledge that the Minor(s) and I fully understand that my participation and/or the Minor(s)’s participation may involve risk of serious injury or death, including economic losses, which may result not only from my or the Minor(s)’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 event or activity is being conducted, the rules of play, or this type of event or activity;
3. Release, waive, discharge and relinquish Seaside Ice, LLC dba Ice-America, Ice-World International, All Access Staging & Productions, Sunset Development Company, Aeonian Partners, LP, Kristi Yamaguchi, the individual, Kristi Yamaguchi’s Always Dream Foundation, and their respective owners, officers, shareholders, members, directors, insurers, lenders, employees, and agents (“The Releasees”) from any and all liability, loss, damage, claim, demand or cause of action brought in whole or in part against them attributable to my or the Minor(s)’s participation in the event or activity, whether same shall arise by their negligence or otherwise;
4. Assume any and all risks of personal injuries to myself and/or the Minor(s) and authorize The Releasees, to contact or employ a licensed physician to render any medical treatment that may be deemed necessary for me and/or the Minor(s) or to take and admit me and/or 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)’s permanent or partial disability or death, and any other damages to me and/or the Minor(s), and any other damages to my or the Minor(s)’s property, caused by or arising from my participation or the Minor(s)’s participation in the event or activity;
5. Covenant not to sue or present any claim for personal injury, property damage, or wrongful death for or on behalf of myself or the Minor(s) against The Releasees attributable to my or the Minor(s)’s participation in the event or activity;
6. 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)’s participation in the event or activity, and consent to the use of such photographs, pictures, slides, movies, or videos for any legal purpose, without compensation from The releasees. Further consent that my identity and/or the Minor(s)’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;
7. Warrant that I am in good health and 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 event or activity;
8. Acknowledge that the releasees are not joint sponsors, joint venturers, partners, or otherwise jointly engaged in the above-named event or activity;
9. Agree to defend, indemnify, and hold harmless the releasees from any and all claims, including attorneys’ fees and costs, which may be brought against them, or any of them, or any of their respective officers, shareholders, members, directors, insurers, employees, or agents by anyone claiming to have been injured as a result of my and/or the Minor(s)’s participation in the activity.
THIS DOCUMENT RELIEVES THE RELEASEES, AND OTHERS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY, WRONGFUL DEATH, AND PROPERTY DAMAGE CAUSED BY NEGLIGENCE.
I CERTIFY THAT I AM 18 YEARS OF AGE OR OLDER.
BY SIGNING FOR A MINOR, I CERTIFY THAT I AM A PARENT OR LEGALLY RECOGNIZED GUARDIAN AUTHORIZED TO SIGN ON BEHALF OF THE MINORS IN MY CARE.
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 AND I AND/OR THE MINOR(S) UNDERSTAND THAT IT REMAINS OUR CHOICE TO UTILIZE OR NOT UTILIZE THE HELMETS PROVIDED BY THE RELEASEES AT NO COST, AND THAT NOT UTILIZING HEAD PROTECTION COULD RESULT IN SERIOUS INJURY OR DEATH
I HAVE SIGNED THIS DOCUMENT ON MY OWN BEHALF AND ON BEHALF OF THE MINOR(S) LISTED BELOW
Today's Date: June 2, 2023
Assumption of the Risk and Waiver of Liability Relating to COVID-19
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I or my minor child may be exposed to or infected by COVID-19 by attending the above program, 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 COVID-19 at the above program may result from the actions, omissions, or negligence of myself or my minor child and others, including, but not limited to, Seaside Ice, LLC dba Ice-America, Ice-World International, All Access Staging & Productions, Sunset Development Company, Aeonian Partners, LP, Kristi Yamaguchi, the individual, Kristi Yamaguchi’s Always Dream Foundation, and their respective employees, officers, agents, and representatives, owners, shareholders, members, directors, insurers, lenders, volunteers, and their families, (“The Releasees”).
I voluntarily agree to assume all the foregoing risks and accept sole responsibility for any injury to my child 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 may experience or incur in connection with my or my child’s attendance at the above program. On my behalf, and on behalf of my child, I hereby release, covenant not to sue, discharge, and hold harmless The Releasees, from any claims, including all liabilities, claims, actions, damages, costs, or expense of any kind arising out of or relating to my or my child’s participation in this event. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of The Releasees, whether a COVID-19 infection occurs before, during, or after participation in any City of San Ramon activity or program or by participating in activities or programs held on City of San Ramon property.
Participant (or Parent or Guardian) Signature
Today's Date: June 2, 2023