For and in consideration of Bowtie Hospitality LV LLC dba Fontainebleau Las Vegas (“the Company”) allowing me, the undersigned, and the minor(s) listed below to participate in ice skating, the renting of ice-skating equipment and otherwise participate in related activities (collectively, the “Activities”), at Oasis Ice Rink (“the Facilities”), at Fontainebleau Las Vegas, 2777 South Las Vegas Boulevard, Las Vegas, Nevada, 89109. I, voluntarily, and as the parent/guardian of the minor(s) and on behalf of the minor(s), acknowledge and agree that the minor(s) and I are participating in these Activities with the knowledge of the danger involved and agree to assume any and all risk of bodily injury, death or property damage, whether those risks are known or unknown. I, furthermore, represent that in respect to any minors referenced herein and my own participation, I have legal authority and power to release and waive liability against Company as set forth herein and that Company is relying upon this representation in granting me the privilege of participating in the Activities. RELEASE AND WAIVER OF LIABILITY. I acknowledge and agree that the minor(s) and I release and forever discharge the Company, its affiliates, and their respective members, managers, officers, directors, employees, servants, agents, successors and assigns, (the “Releasees”) from any and all claims for property damage, personal injury or wrongful death that I, the minor(s), and/or my heirs, successors and assigns may have resulting from the Event, and/or my participation therein, that are caused in any manner whatsoever. ASSUMPTION OF RISK. I further understand that there is an inherent risk involved in the Activities, and I, on behalf of myself, and as the parent/guardian of the minor(s), and on behalf of the minor(s), am assuming full responsibility for any and all such risk. I further agree to accept for use “AS IS” any equipment rented at the Facilities or for the Activities and that prior to providing consent to the minor(s) participating in the Activities and prior to my participation in the Activities, the minor(s) and I will inspect the Facilities, equipment and areas where the Activities are being conducted and advise the Company if I believe any of them to be unsafe. I further warrant that I am in good health and the minor(s) is (are) in good health and have no physical condition that would prevent me or the minor(s) from participation in the Activities. COVENANT NOT TO SUE. I, on behalf of myself, and as the parent/guardian of the minor(s), and on behalf of the minor(s), further covenant not to sue any of the Releases and agree to indemnify them and hold each of them harmless from and against any and all losses, liability or costs they may incur (including reasonable attorney's fees and costs) as a result of participation in the Activities. CHOICE OF LAW/VENUE/SEVERABILITY/ATTORNEYS' FEES. I, for myself, and as the parent/guardian of the minor(s), and on behalf of the minor(s), agree that venue of any suit arising out of the provisions of this Release, Waiver of Liability and Hold Harmless Agreement (“Agreement”)or the activitiesshall lie exclusively in Clark County, Nevada and shall be governed by and construed in all respects in accordance with the substantive laws of the State of Nevada without givingeffect to its conflict of law’s provisions. This Agreement is intended to be as broad and inclusive as permitted by such laws. I, on behalf of myself, and as the parent/guardian of the minor(s), and on behalf of the minor(s) also agree that in any litigation or arbitration relating to this Agreement, the prevailing party shall be entitled to its reasonable attorneys' fees and costs. I further agree that if any portion hereof is held invalid, the balance shall, notwithstanding, continue in full force and effect. I HAVE READ AND VOLUNTARILY SIGNED THIS AGREEMENT ON BEHALF OF MYSELF, AND AS THE PARENT/GUARDIAN OF THE MINOR(S), AND ON BEHALF OF THE MINOR(S). I UNDERSTAND I HAVE GIVEN UP SUBSTANTIAL RIGHTS, INCLUDING BUT NOT LIMITED TO MY RIGHT TO SUE, BY SIGNING THIS AGREEMENT. I ACKNOWLEDGE THAT I AM SIGNING THE AGREEMENT FREELY AND VOLUNTARILY, AND ON BEHALF OF THE MINOR(S), WITHOUT ANY INDUCEMENT AND INTEND TO BY MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I AM LEGALLY COMPETENT TO SIGN THIS RELEASE AND DO SO OF MY OWN FREE WILL. I HAVE THE LEGAL POWER AND CAPACITY TO WAIVE AND RELEASE CLAIMS ON BEHALF OF THE MINORS AND MYSELF. I HAVE BEEN ADVISED THAT PARTICIPANTS SHOULD WEAR HEAD PROTECTION. Date Signed: April 25, 2025 |