RELEASE OF LIABILITY FOR PARTICIPANTS THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ BEFORE SIGNING.
In consideration of permission to use today and on all future dates, the property, facility and services (Facilities) of Xanadu on Starr LLC (DBA: Xanadu Roller Arts and Xanadu), I, the undersigned (Skater or spectator), hereby expressly agree:
1) I understand that roller skating is a strenuous and fast-moving physical activity which has a number of inherent risks, including, but not limited to, falling, collisions with other participants, collisions with objects, such as the floor, walls, barriers and/or dividers and other dangers which are normal and inherent risks of engaging in roller skating activities. The risk of injury from the activities involved in roller skating is significant, including the potential for serious injury, permanent disability and death, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist and cannot be fully eliminated regardless of the care taken to avoid accidents, injury or death.
2) TO WAIVE the protection afforded by any statute or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing the release.
With full knowledge, understanding and appreciation of the above: 1) I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES or others, and assume full responsibility for my participation; and
2) I willingly agree to comply with the facility's posted, stated and customary rules, terms and conditions for participation and to follow the instructions of facility personnel. If I observe any unusual hazard during my presence or participation, I will remove myself/my child from the participation and bring such to the attention of the nearest facility employee or official immediately; and
3) I certify that I am in good physical condition and am physically, mentally, emotionally and psychologically prepared and able to participate in roller skating and non-roller skating activities described above at Xanadu. 4) If I ignore this agreement and file suit, I will be held responsible for all attorney fees and court costs incurred by the Released Parties, named below.
FOR PARENTS / GUARDIANS OF MINORS: If the participant is a minor, I verify that I am the parent or guardian of the minor, and I have authority to enter into this agreement and release liability as described and provided above on behalf of the minor.
If I am signing this waiver, release and indemnity agreement on behalf of my child, I represent that I understand the nature of the activities offered by the facility and that my child is qualified, in good health, and in proper physical, mental and emotional condition to participate in such activity. I acknowledge that if I believe that conditions are unsafe, I will immediately discontinue participation of my child in the activity and notify employees of the facility. Additionally, I agree that all undersigned and I shall use all equipment and items appropriately, adhering to all rules, as well as applicable size and weight limitations.
CONSENT TO RECEIVE MEDICAL ATTENTION I acknowledge that protective equipment including wrist guards and knee and elbow pads are recommended while roller skating. Such protective equipment is available in limited quantities to rent. By foregoing the use of such protective equipment I acknowledge the increased risk of bodily harm including injury and death, to myself and others, as described above. I hereby give my consent to Xanadu to provide me and/or my child(ren), through staff of its choice, customary medical/athletic training attention, transportation and emergency medical services as warranted in the course of my/their participation.
PLEASE INITIAL HERE
PHOTOGRAPHIC RELEASE
I hereby authorize the Released Parties to publish photographs and video taken of me and/or the minor child(ren) listed, and our names, for use on the Xanadu website, advertising materials and social media platforms. I release the Released Parties from any expectation of confidentiality for the minor children and myself and attest that I am the parent or legal guardian of the child or children listed and that I have the authority to authorize the Released Parties to use their photographs or video. I acknowledge that since participation in publications and websites produced by the Released Parties is voluntary, neither the minor children nor I will receive financial compensation. I further agree that participation in any publication and website produced by the Released Parties confers no rights of ownership whatsoever. I release the Released Parties from liability for any claims by me or any third party in connection with my participation or the participation of the minor child or children listed.
PROHIBITED ITEMSFor the safety and enjoyment of all guests, the following items are strictly prohibited on the premises:
- Weapons of any kind (including firearms, knives, and other weapons)
- Illegal drugs or controlled substances
- Alcoholic beverages
- Aerosol cans
- Commercial audio/visual equipment
- Outside food or beverages
- Skateboards or scooters
- Laser pointers
- Noisemaking devices
- Fireworks
- Animals (except for service animals)
- Chewing gum
The venue retains the right to determine what items are deemed appropriate for entry.
CODE OF CONDUCT All participants are expected to follow the rules of our code of conduct at all times: - Xanadu is a safe and welcoming place for all people. Offensive and discriminatory behavior including homophobia, transphobia, sexism, racism, and any/all forms of violence is not welcome. Xanadu staff reserves the right to remove any guest who is deemed to be participating or perpetuating any forms of violence at their sole discretion.
- No eating, chewing gum or drinking is allowed on the rink.
- If you are impaired by alcohol or illegal drugs you can not skate.
- If you ask somebody to dance, kiss, exchange contact information, etc, please observe the following guidelines regarding enthusiastic consent:
- Only clearly verbalized, enthusiastic, “yes” means yes.
- No means no.
- Silence, incoherent speech, mumbling, etc means no.
- Any response other than an entirely enthusiastic yes means no.
COMPLIANCE WITH RULES The use of abusive language, interference with or disruption of the event, or others’ enjoyment thereof, and drunken or disorderly behavior, among other things, are prohibited. Violators are subject to ejection, civil penalties, and/or arrest. I agree to comply with all posted rules and instructions from rink staff. Failure to do so may result in my removal from the premises without refund.
PHOTOSENSITIVE CONDITIONS This facility utilizes visual effects, including:
- Flashing lights
- Strobe lights
- High contrast lighting
- Rapidly changing light patterns
These may not be safe for those with photosensitive conditions. If you have questions about the visual effects in use, please see a staff member before entering the facility.
SEVERABILITY The acknowledgements and express assumptions of risk, waivers of claims, and releases of liability contained herein are intended to be binding and full waivers of claims and releases of liability, and interpreted to be as broad and inclusive as is permitted by law, including with respect to any controversy, claim or dispute that may arise related to exposure or contraction of COVID-19 or other Communicable Disease. If any part hereof is held to be invalid or legally unenforceable for any reason, the remainder of these terms and conditions shall not be affected thereby and shall remain valid and fully enforceable.
RELEASED PARTIES The Released Parties are: Xanadu On Starr, LLC; Roller Lords, LLC; Turks Group, LLC; and their respective parents, subsidiary, and other affiliated or related companies, and all officers, directors, employees, shareholders, members, agents, contractors, sub-contractors, representatives, successors, assigns, insurers, and volunteers of each of the foregoing entities.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, AND FULLY UNDERSTAND ITS TERMS, AND FURTHER UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. I UNDERSTAND THE SERIOUSNESS OF THE RISKS INVOLVED IN PARTICIPATING IN ROLLER SKATING AND OTHER NON ROLLER SKATING ACTIVITIES WITHIN THE FACILITY AND THE POTENTIAL ADVERSE EFFECTS THAT THE CONSUMPTION OF ALCOHOL MAY HAVE ON MY (AND OTHERS) ABILITY TO SAFELY PARTICIPATE IN ROLLER SKATING AND NON ROLLER SKATING ACTIVITIES. I ACCEPT PERSONAL RESPONSIBILITY FOR ADHERING TO THE APPLICABLE RULES AND REGULATIONS, AND ACCEPT THEM AS A PARTICIPANT. I AGREE THAT I AM PARTICIPATING SOLELY AT MY OWN RISK.
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