THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. BEFORE SIGNING YOU NEED TO CAREFULLY READ ALL OF IT RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS, INDEMNIFICATION & BINDING ARBITRATION AGREEMENT Notice– By signing this document you may be waiving certain legal rights, including the right to sue. Release and Waiver of Claims, Assumption of the Risk, Indemnification Agreement In consideration of being allowed to use the facilities and participate in skateboarding/quad skating/rollerblades and other activities (collectively the “Activities”) provided by Noteworthy Resources of Albany, Inc. (NWR) Endure Skatepark (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: - TO WAIVE ALL CLAIMS that they have or may have against the Host arising out of the Participant’s participation in the Activities or the use of any equipment provided by the Host (“Equipment”), including while receiving instruction and/or training;
- TO ASSUME ALL RISKS of participating in the Activities and using the Equipment, even those caused by the negligent acts or conduct of the Host, its owners, affiliates, operators, employees, volunteers, agents, and/or officers. The Participant and their parent(s) or legal guardian(s) understand that there are inherent risks of participating in the Activities and using the Equipment, which may be both foreseen and unforeseen and include serious physical injury and death;
- TO RELEASE the Host, its owners, affiliates, operators, employees, volunteers, agents, and/or officers from all liability for any loss, damage, injury, death, or expense that the Participant (or their next of kin) may suffer, arising out of their participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training. The Participant and their parent(s) 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, volunteers, agents, and/or 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; and
- TO INDEMNIFY the Host, its owners, affiliates, operators, employees, volunteers, agents, and/or officers, from all liability for any loss, damage, injury, death, or expense that the Participant (or their next of kin) may suffer, arising out of participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training.
Photography/Video Release Participant hereby grants to the Host, its representatives, and employees the right to take photographs/videos of Participant in connection with Participant's participation in the Activities. Participant hereby authorizes the Host to copyright, use, and publish the same in print and/or electronically. Participant hereby agrees that the Host may use such photographs of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and Web content. Personal Responsibility The Participant and their parent(s) or legal guardian(s) certify that the Participant has no physical or mental condition that precludes them from participating in the Activities and that they are not participating against medical advice. The Participant and their parent(s) or legal guardian(s) understand that the Participant's participation in the Activities is voluntary and further understand that they have the opportunity to inspect the Host’s Equipment and facilities before any participation. The Participant and their parent(s) or legal guardian(s) understand that the Participant is obligated to follow the rules of the Activities and that they can minimize their risk of injury by doing so and through the exercise of common sense and by being aware of their surroundings. If while participating in the Activities, the Participant and their parent(s) or legal guardian(s) observe any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant and/or their parent(s) or legal guardian(s) will remove Participant from participation in the Activities and immediately bring said hazard or condition to the attention of the Host. Binding Arbitration The Participant, and the Participant's parent(s) or legal guardian(s) if the Participant is a minor, hereby agrees to submit any dispute, claim, or controversy, relating to and/or arising from (a) this Release of Liability, Assumption of Risk, Waiver of Claims, Indemnification & Binding Arbitration Agreement, (b) Participant's participation in the Activities, and/or (c) any other interaction between the Participant and the Host, including the determination of the scope or applicability of this agreement to arbitrate, to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the “Panel”), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the district in which the Activities occurred. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in the State and County where the Activities occurred, and shall be governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. As a threshold matter, the Panel shall confirm whether the Waiver and release contained in this Agreement are enforceable under applicable law. Judgment on the Award may be entered in any court having jurisdiction over the parties and controversy. Participant and the Host specifically intend this Binding Arbitration provision to survive in the event that any other portion of this Agreement is held invalid. NOTICE TO PARTICIPANT: By signing this Agreement, you are giving up your right to commence litigation against the Host in a court of law, and you are giving up your right to a trial by jury. 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 council in any proceeding. I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. BEFORE SIGNING YOU NEED TO CAREFULLY READ ALL OF IT Behavior Code Agreement: RULES AND SAFETY PROTOCOLS Anyone in or near any sports facility must be aware and accepting of the risk of injury associated with the same. ONLY WAIVERED individuals are allowed to enter the skatepark area. Access to the Park Viewing and Visiting areas is limited to adults and minors who are under the active and direct supervision of an adult. All participants are responsible for and strongly encouraged to wear a skate approved safety helmet while in the park. It must be worn in the fashion for which it was designed (including, but not limited to: proper condition, fit, position, and strap/buckle adjustments). To reduce the risk and/or severity of injuries we strongly encourage the use of additional safety gear including, but not limited to: (knee, elbow, shin) pads, wrist guards, a sports mouth guard, and eye protection. Become familiar with the park before participating. Those who have used the park in the past should check for and become familiar with any changes in the park made since their last visit. Aspects of the park can change every day as well as during a single session. If you see something potentially dangerous you must stop riding and report the condition to a Noteworthy Resources of Albany, Inc. (NWR) Endure Skatepark employee/volunteer. Always watch for other skaters as well as non skaters in the park. Be alert. Be courteous. Wait your turn. Do not stop or stay in a place that blocks the flow of other skaters. The use of personal music players must not interfere with the ability to hear the speech of others. Skating is limited to the park area. It is not allowed in the parking areas, sidewalks, entrance, pro shop, staging area, or viewing areas. Stretch and warm-up before participating as one would for other sports and other physical activity to further reduce risk of injury. Show respect for others and for yourself as well as your property and that of others. Keep the park free of litter, recycle disposables appropriately. Refrain from all graffiti and tagging. Please pick up after yourself. Limit and control your language, music and other expression to young child friendly content. Food and/or beverage consumption is limited to designated areas and is not allowed in the park riding area. Keep them by the cubbies. The consumption of alcohol and use of tobacco products (including vapes) is forbidden in the facility as well as in its entrance area and parking lots. The park and its surroundings are 100% drug free zones. Violation of the above Behavior Code will result in rejection without refund. Repeated violations will result in banning of Participant from the premises. I HAVE READ, ACKNOWLEDGE, AND AGREE to the Noteworthy Resources of Albany, Inc. (NWR) Endure Skatepark Behavior Code Agreement and TO ALL POSTED RULES at Noteworthy Resources' Endure Skatepark. If I am less than 18 years old, my parent (legal guardian) and I hereby certify that I am less than 18 years old. I (We) have completely read and I (we) understand this agreement and its terms. Prior to signing this Agreement, I (we) have had the opportunity to ask any questions about this agreement. May 16, 2024
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