PLEASE READ CAREFULLY. BY SIGNING THIS AGREEMENT, YOU ARE CONSENTING TO THE WAIVER AND RELEASE OF CERTAIN LEGAL RIGHTS, ACKNOWLEDGING YOUR EXPRESS ASSUMPTION OF RISK, AND AGREEING TO A COVENANT NOT TO SUE AS SET FORTH IN THIS AGREEMENT. THIS AGREEMENT ALSO INCLUDES AN ARBITRATION PROVISION AND A WAIVER OF YOUR RIGHT TO BRING A CLASS ACTION.
IN CONSIDERATION of being permitted to enter Wollman Rink NYC at Central Park (the “Facility”) (through such date as determined by Wollman Park Partners LLC (“WPP”) and to play, attend, observe or otherwise participate in athletic, recreational and related activities, both on and off the ice (collectively, the “Activities”), the below named individual (the “Participant”), and, if the named Participant is a minor, the Participant’s parent(s) or legal guardian(s), do hereby freely and voluntarily acknowledge and agree (for him/her self and any minor child on whose behalf this Agreement is executed), to the fullest extent permitted by law, in relation to WPP, the City of New York Department of Parks & Recreation, Central Park Conservancy, and their respective members, equity holders, affiliates and subsidiaries and their respective parents, affiliates, subsidiaries, sponsors and contractors, and each officer, director, governor, regent, member, equity holder, trustee, employee, volunteer, licensor, licensee, insurer, sponsor, partner, principal, representative and agent of each of the foregoing, and all of the foregoing’s respective successors and assigns (collectively, the “Released Parties”), as follows:
1. ACKNOWLEDGMENT AND EXPRESS ASSUMPTION OF RISKS
I understand that the Activities may be hazardous to Participant and others and that there are risks and dangers, including that of personal injury (including death), property damage or loss and other hazards that could arise from or occur during the Activities. I acknowledge that these risks and dangers include, but are not limited to, those arising from falls, collisions, being struck by pucks, sticks or other objects, body contact with ice, boards, skates, and other participants and risks and dangers of illness arising from any communicable disease, including, but not limited to, the virus referred to as “COVID-19” described below.
I acknowledge that my admission to the Facility is subject to all safety and health requirements and policies put in place by WPP, the Facility, and/or third parties (including, but not limited to, federal and state governmental agencies) including any requirements relating to face masks and/or enhanced health screenings (which may include a requirement that I, and my guests, be tested for and/or vaccinated for COVID-19 prior to or during any Activities). Such policies and requirements as they may be (i) updated from time to time based on guidance, protocols or orders issued by governments or health agencies, advice obtained from medical or other advisors or such other information or factors that Wollman Rink determines are relevant; and (ii) communicated to me prior or during any Activities (whether orally or in writing) by, for example, instruction provided by WPP or the Facility, are collectively referred to below as the “Wollman Rink Protocols”. I acknowledge and agree to comply with the Wollman Rink Protocols (including all requirements that must be satisfied prior to or during any Activity), and additionally acknowledge and agree that my attendance at any Activity is conditioned on such compliance.
I further acknowledge that (i) COVID-19 has been declared a worldwide pandemic by the World Health Organization; (ii) cases of COVID-19 infection have been confirmed in the New York, New York metropolitan area, including in the vicinity of Wollman Rink; (iii) COVID-19 is extremely contagious and there is an inherent danger and risk of exposure to COVID-19 in any place where people are present, including as a result of exposures individuals may have had in geographic areas other than New York, New York; (iv) no precautions, including the Wollman Rink Protocols described above or the protocols and requirements that the CDC, federal, state and local government or other governing body have put in place, can eliminate the risk of exposure to or contraction or transmission of COVID-19, and that such risk applies to everyone; (v) while people of all ages and health conditions have been adversely affected by COVID-19, public health authorities advise that people 65 or older and people with certain underlying medical conditions might be at higher risk, including (but not limited to) people with chronic lung disease or moderate to severe asthma, serious heart conditions, compromised immune systems, sever obesity, diabetes, chronic kidney disease undergoing dialysis and liver disease; (vi) scientific knowledge about COVID-19 is evolving and many aspects of COVID-19 remain subject to significant uncertainty; (vii) contracting COVID-19 can result in being subject to quarantine requirements, serious illness, temporary or permanent disability, other short-term and long-term health effects, and/or death, regardless of age or health condition; (viii) contracting COVID-19 can result in the further transmission of COVID-19 to my family members, friends and other persons; and (ix) federal, state and local governments and federal and state health agencies have, among other things, recommended social distancing where possible and, in many locations, prohibited the congregation of groups of people.
I fully understand and knowingly, voluntarily, and expressly assume all the foregoing risks and accept personal responsibility for any and all damages, liabilities and other losses that I or any of my personal representatives, spouse, heirs, assigns, executors, trustees, administrators, next of kin and other persons acting or purporting to act on my or their behalf (collectively, “Related Persons”) may incur in connection with any such sickness (including illness and other risks of exposure to COVID-19, or any other communicable disease or illness, or a bacteria, virus or other pathogen capable of causing a communicable diseases or illness), personal injury, temporary or permanent disability, other short-term or long-term health effects and/or death (“Injuries”). I further acknowledge and accept sole responsibility for all of the risks and hazards to myself, and my property associated with or related to the Activities (including but not limited to any injury or damage that I may cause to others), and any conditions on projects, property, facilities, accommodations, equipment, supplies and tools (irrespective of who may own or provide any one of these items) incidental to the Activities, including but not limited to any Injuries caused by the negligence, fault, or misconduct of any Released Parties or otherwise (excepting only those Injuries caused by willful misconduct or gross negligence).
2. RELEASE, WAIVER AND COVENANT NOT TO SUE
I, on behalf of myself, any minor child on whose behalf this Agreement is executed and each of our Related Persons, hereby voluntarily and irrevocably and forever release, waive and discharge (and covenant not to sue) the Released Parties from or with respect to) any and all claims, suits, causes of action and claims for damages, whether past, present or future, and whether known or unknown, including, but not limited to, claims arising out of or in connection with my death, personal injury, illness, temporary or permanent disability, suffering of short-term or long-term health effects, economic loss, out of pocket expenses, or loss of or damage to property (“Losses”), which I, any minor child on whose behalf this Agreement is executed, or our Related Persons may have or hereafter accrue against any of the Released Parties as a result of or that relate in any way to (I) my exposure to or contraction or transmission of COVID-19; (ii) my participation in the Activities; (iii) my travel to or presence within the Facility or any area in or around Wollman Rink or compliance with any Wollman Rink Protocols; (iv) my exposure to other persons within the Facility or in or around Wollman Rink (including persons who may not have complied with or been subject to the Wollman Rink Protocols); or (v) any of the risks or dangers identified above in Section 1, each of which I have knowingly and voluntarily assumed and legal recourse for which I have knowingly, voluntarily and irrevocably waived, in each case whether caused by any action, inaction, fault, misconduct, or negligence of any of the Released Parties or otherwise, excepting only those Losses caused by the willful misconduct or gross negligence of the Released Parties. I further agree to defend and indemnify the Released Parties from and against any and all claims, suits, actions, actions and legal proceedings that may be instituted on Participant’s or my behalf.
3. MEDICAL TREATMENT/ INSURANCE / EXPENSES
I do hereby release and forever discharge the Released Parties from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment, or service rendered in connection with the Participant’s participation in the Activities. I also understand that the Released Parties do not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of injury or illness. I acknowledge that Participants are expected and encouraged to obtain their own medical or health insurance coverage and that I am solely responsible for any and all medical expenses due to bodily injury, illness, disability, death, property damage and other harm in connection with the Activities.
4. PHOTOGRAPHIC RELEASE
I do hereby grant and convey all right, title, and interest in any and all photographic images and video or audio recordings made of me or Participant by the Released Parties during the Activities including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings, whether for commercial or non-commercial use. To the fullest extent permitted by applicable law, acknowledgement of this release and waiver of liability and in consideration for participation in the Activities I hereby grant to the Released Parties, its licensees, designees successors and assigns a worldwide, perpetual, irrevocable, fully- paid royalty-free, assignable license to use, copy and disseminate Participant’s image and personal attributes and to modify and present same in any form, manner and media, now known or hereafter devised for any purpose whatsoever.
5. GOVERNING LAW, ARBITRATION AND CLASS ACTION WAIVER
I expressly agree that this Agreement shall be governed by, construed and enforced in accordance with, the laws of the State of New York without regard to choice of law principles, and is intended to be as broad and inclusive as is permitted by the laws of New York, and that if any provision is not valid or cannot be enforced as written, the provision shall be revised by the applicable court to the extent necessary to make such provision enforceable and consistent with the parties’ intentions (and, if it cannot be made enforceable and consistent with the parties’ intentions, stricken) and the remaining provisions hereof shall continue in full legal force and effect.
I agree to submit any dispute arising under this Agreement to binding arbitration pursuant to American Arbitration Association (“AAA”) rules. I further agree that (i) the arbitrator shall have the power to award any remedies, including attorneys’ fees and costs, available under applicable law; (ii) judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction; (iii) the award may be vacated or modified only on the grounds specified in applicable rules and laws; and (iv) any arbitration conducted pursuant to this Agreement shall take place in New York, New York. In agreeing to submit all disputes for resolution by arbitration, I acknowledge that such agreement is given in exchange for rights or benefits to which I am not otherwise entitled and the more expeditious and confidential resolution of any such disputes.
I agree that all claims must be pursued on an individual basis only. By signing this Agreement, I hereby waive my right to commence, or be a party to, any class or collective claims against the Released Parties.
I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS RELEASE AND WAIVER OF LIABILITY AGREEMENT; understand its terms, including that I am hereby giving up substantial legal rights; understand that it is a material inducement for my admission to and continued presence at Wollman Rink and/or my participation in the Activities and that the Released Parties are relying upon it; and further agree that no oral representations, statements or inducements contrary to anything contained herein have been made by Wollman Rink or any of the other Released Parties. I understand that I may consult an attorney about this Agreement.
If any portion (e.g., paragraph or sentence) of this Agreement is held invalid, illegal, or unenforceable to any extent and for any reason by any court of competent jurisdiction, such portion will be excluded to the extent of such invalidity or unenforceability; all other terms of this Agreement will remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term will be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
IN ADDITION, FOR PARENTS OR GUARDIANS OF PARTICIPANTS UNDER 18 YEARS OF AGE; In my capacity as Participant’s parent or guardian, I hereby (a) give permission for the Participant to participate voluntarily in the Activities and (b) understand that this Agreement forever releases, waives and discharges any and all liability, claims, and demands of whatever kind or nature against the Released Parties including Wollman Rink and their successors and assigns, either in law or in equity, to the fullest extent permissible by law, including but not limited to the negligence, fault or misconduct of any kind on the part of any Released Party for damages or causes of action, including but not limited to death, bodily or personal injury, illness, disease (communicable or otherwise), economic loss or out of pocket expenses, or loss or damage to property, which Participant, his/her heirs, assignees, next of kin and/or legally appointed or designated representatives, may have or which may hereinafter accrue on their behalf, which arise or may hereafter arise from Participant’s admission to and continued presence at Wollman Rink and/or Participant’s participation in the Activities.
Date: December 9, 2022