This is an important legal document; you must read the entire document (hereinafter “Agreement”). All participants and legal guardians of minor participants (collectively referred to as “I” or “Participant”) are required to sign this Agreement. Anyone who does not agree to this Agreement in its entirety cannot participate. This Agreement includes an Assumption of Risk, a General Release and Waiver of Liability, an Indemnification Obligation and other terms. Among other things, signing and initialing means:
· I understand that skateboarding is a HAZARDOUS RECREATIONAL ACTIVITY with risk of serious injury, including without limitation paralysis or death. Despite these risks, I consent to my minor’s voluntary participation and agree to assume all financial responsibility for any injury, death, or damage to the minor or me. I agree not to hold SkateMD, or its directors, officers, employees, agents, Andrea Bibelheimer, Melanie Tillotson, volunteers, or assigns (collectively the “Released Parties”, each a “Released Party”), responsible in any way for injury and/or death to the minor and/or me.
· I agree not to sue the Released Parties for any injury and/or death to the minor and/or me which is caused by the failure to exercise reasonable care [negligence] or serious carelessness [gross negligence] by the Released Parties.
· If someone other than me attempts to hold the Released Parties responsible for injury and/or death to the minor and/or me or for injury or death to another caused by the minor or me, I agree to defend and pay for all judgments and costs, including attorneys’ fees.
· As the legal guardian of Participant, I agree to all the above on behalf of myself and the Participant. I also agree not to sue the Released Parties for my own loss due to the Participant’s injury and/or death and/or my role as a spectator.
· I agree to resolve all disputes in binding arbitration without a jury.
I. AGREEMENT TO PARTICIPATE.
I hereby freely and voluntarily, without duress, desire the minor to participate in the Event with SkateMD and execute this Agreement. As the legal guardian of Participant, I agree on behalf of myself and Participant to all of the terms in this Agreement.
II. EXPRESS ASSUMPTION OF INHERENT RISK & waiver of negligence.
I understand that the Event(s) may include activities that may be hazardous to the minor and/or me, including but not limited to: interacting with people; skateboarding; spectating; and transportation to and from Event(s). In consideration of the minor being allowed to participate, I voluntarily and expressly understand, acknowledge, appreciate, accept and personally assume all inherent risk of injury, illness, death, or property damage from causes including, but not limited to, burns, cuts, abrasions, punctures and fractures to any part of the human anatomy including head, back, neck and spinal cord as a result of, but not limited to, falls, equipment failure, interactions with people, or negligence or my inattention during Event(s). I understand this is not a complete list of all risks and other unknown or unforeseeable hazards and risks may occur.
I voluntarily and expressly understand, acknowledge, appreciate, accept and personally assume all risk of injury and/or death due to the negligence of SkateMD, including the Released Parties, from causes including, but not limited to, inattention by the Released Parties, improper training, insufficient supervision, poor maintenance, and insufficient control of the location during Event(s). I understand this is not a complete list of all risks and other unknown or unforeseeable hazards and risks may occur.
I acknowledge that the minor is in sufficient health to participate in the Event(s) after consideration of all risks and hazards. I acknowledge that I have been advised of safety measures, including wearing appropriate helmet/headgear, and other related or indicated safety equipment, as appropriate while undertaking activities associated with participating in the Event(s). With this in mind, I accept full responsibility for the minor’s and my safety and health and EXPRESSLY ASSUME ALL RISKS OF HARM, whether foreseen or unforeseen, during or related to the Event(s). I freely and voluntarily understand that my full and complete assumption of risk is a material covenant, without which the minor would not be allowed to participate in a SkateMD activity and I would not be allowed to participate as a spectator. I know, understand, and appreciate the inherent risks involved and am voluntarily still consenting to a SkateMD activity.
III. COVID ASSUMPTION OF RISK & WAIVER.
I am aware and understand that the World Health Organization declared a worldwide pandemic based on the COVID-19 virus. I acknowledge that information regarding the virus and how it is transmitted, the efficacy of vaccines, and the risks to vaccinated and unvaccinated people from variant strains continues to evolve, and advice, protocols and guidelines to reduce the spread of the virus continue to develop and change on an ongoing basis. I acknowledge and agree that I am voluntarily attending and participating in the Event(s) sponsored or planned by SkateMD. I acknowledge that the participants in the Event(s) are likely to interact with each other, and with other participants, employees, and volunteers of SkateMD and that there is an inherent risk that the COVID-19 virus could be transmitted by or among any of these persons despite reasonable precautions, including (but not only) transmission by a person who has no symptoms and potentially by persons who have been vaccinated (including persons who have received boosters after being vaccinated) and/or who have recently received negative test results for COVID-19.
I understand that applicable local, state and national governmental and public health authorities have developed guidance intended to mitigate the risk of transmission of COVID-19 (together, “Guidelines”) and it is my sole responsibility to educate myself regarding the Guidelines and to follow the Guidelines when participating in the Event(s). SkateMD cannot guarantee that the risk of transmission of COVID-19 in connection with the Event(s) can be minimized, controlled, and/or eliminated. Unless required to do so by the Guidelines then in effect, SkateMD does not intend to verify or confirm the vaccinated status or test results of attendees or its employees or the accuracy of any statement or representation of vaccination or absence of infection by attendees or employees. Despite my knowledge of the risks and dangers related to the COVID-19 virus, to me and to my household, I am voluntarily participating in the Event(s) and accepting and assuming these risks, both known and unknown, whether caused by the fault or negligence of SkateMD, its officers, employees, agents, event participants, sponsors, volunteers, or otherwise.
In consideration of acceptance of my agreement to volunteer for the Event(s), I hereby agree to defend, indemnify and hold harmless the Released Parties to the fullest extent permitted by law, for and from any injury, damage, harm or loss incurred or suffered by me and any member of my household arising out of, resulting from or caused by, directly or indirectly, exposure to the COVID-19 virus and other communicable diseases, and I expressly agree, for myself and on behalf of any household member of mine, to waive, release and not to assert any and all claims, whether arising in contract, tort or otherwise, against any Released Party relating to any such injury, damage, harm or loss, whether or not caused by the action, inaction, failure to act, fault, negligence, or conduct of any Released Party or otherwise.
IV. GENERAL RELEASE AND WAIVER OF LIABILITY, DISCLAIMER & COVENANT NOT TO SUE.
In consideration of being allowed to participate in a SkateMD activity, I, on behalf of the minor, voluntarily waive, excuse, absolve and forever release, discharge and hold harmless the Released Parties, from any and all liability, claims and demands whatsoever, in law or in equity, including attorney’s fees, which arise directly or indirectly from the minor’s participation in the Event(s), including, but not limited to, claims for injury, illness, death, first aid, treatment, followup medical care, property damage or other damages to the minor, me, my family, estate, heirs, or assigns, resulting from ordinary or gross negligence of the Released Parties. I am solely responsible for the minor’s and my medical care and coverage should any be desired or needed, regardless of the actions taken or negligence of the Released Parties. Each Participant is expected and encouraged to arrive with medical or health insurance coverage.
I understand and agree that I am not only giving up my right to sue the Released Parties, but also any rights my heirs, executors, beneficiaries, personal representatives, guardians, administrators and assigns (collectively, my “Representatives”) may have to sue the Released Parties. I fully understand the effect of such waiver and waive all benefits flowing from any state or federal statute that would otherwise limit this Agreement, including, but not limited to, Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims which [a person] does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the [released parties].” I represent that I have the authority to do so, and my Representatives will be estopped from claiming otherwise. I understand that the Released Parties are relying on my full release and waiver of any and all claims, and would not otherwise allow the minor to participate.
V. INDEMNIFICATION OBLIGATION
I, for myself and on behalf of the minor and my Representatives, agree that I shall hold harmless, defend and indemnify (pay all judgments and costs, including court costs, legal fees, and attorneys’ fees) the Released Parties against any and all claims or causes of action, including, but not limited to, any actions for personal injury, death, or property damage, by whomever made and wherever presented incurred as a result of 1) the minor and/or my injury and/or death or 2) injury or loss to any other person caused by the minor and/or me. I further agree to hold harmless, defend and indemnify the Released Parties against any and all claims arising from the minor’s and/or my negligent conduct during any SkateMD Event(s).
VI. APPLICABLE LAW; ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. BY SIGNING, I AM KNOWINGLY AND VOLUNTARILY WAIVING MY CONSTITUTIONAL RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. ANY DISPUTE SHALL BE RESOLVED BY AN ARBITRATOR. The laws of California shall govern this Agreement without giving effect to conflict of laws principles. I agree with SkateMD that any dispute, claim or disagreement between us shall be resolved exclusively by arbitration in Oakland, California. The arbitration will be administered by JAMS, under its Streamlined Arbitration Rules by a single neutral arbitrator agreed on by the parties within thirty (30) days of the commencement of the arbitration. The arbitration will be governed by the Federal Arbitration Act (Title 9 of the U.S. Code). Either party may initiate the arbitration process. To learn more, visit www.jamsadr.com. I will be responsible for my own attorneys’ fees and costs. All disputes must be brought in the name of an individual person or entity and must proceed on an individual non-class, non-representative basis. The arbitrator, whose decision shall be final and binding, shall have the authority to award any legal or equitable remedy or relief that a court could order or grant. The arbitrator’s decision may be enforced in any court having jurisdiction. The arbitrator is not authorized to change or alter the terms of this Agreement. All statutes of limitations that are applicable shall apply.
VII. WAIVER; ENTIRE AGREEMENT
I have acquired the written consent of my parents or guardians who also have read and signed this Agreement. I understand the terms herein are contractual and I signed this Agreement of my own free will and with the knowledge that I agree to waive my legal rights. I further agree that if any provision of this Agreement is found to be unenforceable or invalid, such provision shall be severed from this Agreement and the remainder of this Agreement shall remain enforceable and valid. Any delay or failure to enforce any provision of this Agreement shall not be construed to (i) be a waiver of such provision or a party’s right to enforce that provision; or (ii) affect the validity of this Agreement. This Agreement contains the parties’ entire agreement regarding the minor’s participation with SkateMD. There are no other agreements, either written or oral. Any change to this Agreement must be approved in writing and signed by SkateMD.
VIII. PRIVACY WAIVER AND MEDIA RELEASE.
I grant SkateMD, its officers, employees, representatives, assigns, and affiliates, permission to take, use and publish photographs, digital images and video of the minor and/or me, in any medium and for any purpose, including, without limitation, press releases, advertising, websites or other printed or electronic communications. I grant SkateMD all rights, title and interest to the finished pictures and reproductions, as well as any video footage or copies, including the right to give, sell, transfer and exhibit the materials. I agree that the minor and I am not entitled to any compensation for such use of name, likeness, photos or video. I waive any right to inspect or approve the finished material. I hereby release and discharge SkateMD and the Released Parties, now and forever, from any and all claims and demands which I or my heirs or representatives ever had, now have or may have, arising out of, or in connection with, the use of my name, writings, photos, or video including, without limitation, for libel or misrepresentation or faulty reproduction.
I, ____________________________, AS A MINOR, AND I, ___________________________, AS A PARENT OR GUARDIAN, READ THIS ENTIRE AGREEMENT AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT BY SIGNING, I SHALL NOT SUE THE RELEASED PARTIES AND AGREE TO RELEASE THE RELEASED PARTIES FROM ALL LIABILITY AND RESPONSIBILITY WHATSOEVER, HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO, THE RELEASED PARTIES’ PASSIVE OR ACTIVE NEGLIGENCE. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT MAY OTHERWISE EXIST. I ACKNOWLEDGE THAT BY SIGNING I FREELY AND VOLUNTARILY UNDERSTAND THAT SKATEMD IS NOT LIABLE FOR ANY INJURIES OR DEATH I OR THE MINOR PARTICIPANT MAY SUSTAIN; I ASSUME ALL RISK OF INJURY OR DEATH FOR MYSELF AND THE MINOR PARTICIPANT.