WAIVER OF LIABILITY
THIS FORM MUST BE COMPLETED AND SIGNED PRIOR TO ENTRY INTO THE SKATEPARK. YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO COMPLETE THIS FORM WITHOUT A PARENT OR LEGAL GUARDIAN; A PARENT OR GUARDIAN MUST SIGN FOR A MINOR.
ENTRY TO THE SKATEPARK WILL BE REFUSED TO ANYONE EXHIBITING ANY SIGNS OF ILLNESS. AT ALL TIMES WITHIN THE SKATEPARK YOU AGREE TO PRACTICE PHYSICAL DISTANCING.
In consideration of the services being rendered by Familia Skateboard Shop, LLC, a Minnesota limited liability company, and affiliates (collectively, “Familia”) including entry into the skatepark, I hereby agree to indemnify, release, hold harmless, and discharge Familia and its owners, officers and employees on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate from and against any and all claims arising from or relating to my use of the skatepark facilities and equipment.
I acknowledge that my participation (or the participation of the minor noted above) in skateboarding exposes me and the participant noted above, to known and unanticipated risks that could result in physical or emotional injury, paralysis, death or damage to myself, to property, or to third parties. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the activity. Skateboarding is a dangerous and risky activity, and I accept all the risks that come with it. These risks include, among other things: Collision with other participants, the wall or other fixed objects; falling down; participant’s equipment failure or the failure of others’ equipment; participant or others’ negligence; objects or conditions on the surface that may cause me or the participant minor to fall; broken bones, sprains, head and back injuries, abrasions, and bruises. I understand and agree that Familia employees do not know or assess fitness levels or abilities, and Familia is not responsible for giving instruction or ensuring that participants use their equipment in a safe and well-maintained manner. Parents signing on behalf of minors are solely responsible for ensuring the use of helmets and other safety equipment.
Further, I acknowledge that my participation (or the participation of the minor noted above) in activities at the skatepark during the global COVID-19 pandemic involves additional risk. I understand the COVID-19 virus has a long incubation period during which carriers of the virus may not show symptoms and still be highly contagious. It is therefore possible that other persons at the skatepark during my visit may in fact have COVID-19. I represent and warrant that neither I nor any member of my household has exhibited COVID-19 symptoms including, but not limited to fever or flu-like symptoms, or tested positive for COVID-19, in the fourteen (14) days immediately preceding my, or the minor participant noted above, presence at the skatepark.
I expressly agree and promise to accept and assume all of the risks existing in this activity. Participation in this activity is purely voluntary, and I elect to participate in spite of the risks. In addition, if at any time I believe that conditions are unsafe or that I or the participating minor am unable to participate due to physical or medical conditions, then I will immediately discontinue such participation
I certify that I have adequate insurance to cover any injury or damage caused or suffered while participating in activities in or around the skatepark. I agree to bear the costs of all injuries to persons or property that I or the participant may cause or fail to avoid. I assume the risk of any medical or physical condition I or the participant may have.
In the event that I file a lawsuit against Familia, I agree to do so solely in the state of Minnesota, and I further agree that the substantive law of that state shall apply in the action without regard to conflict of law rules of that state. I agree that this release is intended to be as broad and inclusive as is permitted by the laws of the State of Minnesota and that should any portion thereof be held invalid, agree that the balance shall, not withstanding, continue in full force and effect. Should Familia or anyone acting on its behalf, be required to incur attorney fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
I understand that participants are strongly advised to wear an adequate helmet while participating and the use of additional protective gear including footwear, elbow and knee pads. Participants are required to follow all rules of conduct and are not to take unreasonable risks while using the skatepark facility, including exposing other riders to an unreasonable risk of harm.
I understand that this Waiver of Liability, once signed, shall be effective from the date first indicated herein, and shall apply to each successive use of the skatepark and equipment until and unless amended or terminated in writing.
In signing this Waiver of Liability, I certify that I am at least eighteen (18) years old. I have completely read and understand this waiver and accept all of its terms on my behalf or my child’s behalf. I understand that I have given up substantial rights by signing it. I am signing freely and voluntarily, without any inducement, assurance or guaranty being made to me. Prior to signing this waiver and release, I have had the opportunity to ask any questions concerning the waiver and release of Familia and its affiliates.
Today's Date: June 2, 2023