NOTICE TO THE MINOR CHILD’S
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING AND ALLOWING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF BOCA ICE, AS DEFINED BELOW, USES REASONABLE CARE IN PROVIDING ITS ACTIVITIES, THERE IS A CHANCE YOU OR YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THE PROVIDED ACTIVITIES BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN EACH ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE WAIVING, RELEASING, AND VOLUNTARILY GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM BOCA ICE, ITS MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, MANAGERS, AFFILIATES, AND/OR ANY OF ITS EMPLOYEES IN A DISPUTE, CLAIM OR LAWSUIT FOR ANY PERSONAL INJURY, TORT, INCLUDING DEATH, OF YOUR CHILD, OR ANY PROPERTY DAMAGE OR DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL ACTUAL, OR PUNITIVE, THAT RESULTS OR IS RELATED TO, DIRECTLY OR INDIRECTLY, FROM THE RISKS THAT ARE A PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND BOCA ICE HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REFUSE TO LET YOU OR YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. IF YOU REFUSE TO SIGN THIS FORM, THEN USE OF THE BOCA ICE FACILITIES AND YOUR CHILD’S PARTICIPATION OR PRESENCE IN THE BOCA ICE FACILITIES IS AT THEIR AND YOUR OWN RISK. BOCA ICE DOES NOT ASSUME ANY RISK FOR YOUR CHILD IN THE EVENT YOU REFUSE TO SIGN THIS FORM.
Notice – By signing this Release of Liability, Assumption of Risk, Waiver of Claims, and Binding Arbitration Agreement (the “Agreement”), you may be waiving certain legal rights, including the right to sue or use the court system. Any claim that you may believe arises from your use of Boca Ice (“BI”) can only be submitted to binding arbitration as set forth below.
“Agreement” shall mean this Release of Liability, Assumption of Risk, and Binding Arbitration Agreement.
“Boca Ice” shall mean Frozen Fun, LLC, a Florida limited liability company, d/b/a Boca Ice & Fine Arts Center, Peninsula Ice, LLC, a Florida limited liability company, JJSS Entertainment, LLC, a Florida limited liability company, HP Wesbelle, LLC, a Florida limited liability company, and any and all of its managers, officers, directors, shareholders, interest holders, partners, affiliated entities, and/or employees.
“Facility” shall mean any portion of BI’s ice rink facility used by Participant, including but limited to its hallways, ice rinks, bumper cars, ski simulator, bathrooms, activity rooms, parking and outdoor facilities, and any other spaces located within or located on the Boca Ice property.
“Participant” shall mean anyone entering any Facility using the BI trade name, including, but not limited to: skaters, anyone participating in any activities offered at the Facility, anyone using any equipment as defined below, as well as anyone, including spectators at the Facility, attending any event, and parents picking up minor children, and visitors who want to take a look around the BI Facility for the first time. The term “Participant” shall include Participant’s parent(s) or legal guardian(s) who signs this Agreement.
“Equipment” shall mean all the bumper cars, ski simulator, locker room, stands, nets, benches, ice, and any apparatus that may be available at the Facility, including, but not limited to: weights, weight machines, treadmills, stationary bikes, skates, pads, bathroom facilities, tables, training equipment, etc.
“Activities” shall mean the use of any of the Equipment at the Facility, participation in skating and/or hockey programs, including practice, and attendance at the Facility for any reason, and the use of the bumper cars and ski simulator.
Please fill out all required fields of this Agreement.
UNDER 18: Minors are REQUIRED tohave these Agreements signed and initialed by a parent or legal guardian (preferably the one accompanying them to BI). This document can be filled out by your parent or legal guardian online.
All personal information is confidential and will not be given away or sold. However, your email and/or text may be used by BI to send you information regarding events and activities offered by BI.
Waiver of Claims; Assumption of the Risk, and Release of Liability Agreement
In consideration of being allowed to use the Facility and participate in any of the activities offered by the Facility, Participant, or Participant’s parent or legal guardian if applicable (collectively “Participant), hereby agrees, to the fullest extent permitted by law, as follows:
1) TO WAIVE ALL CLAIMS that Participant has or may have against BI arising out of the Participant’s involvement in any Activities offered or made available by at the Facility or any use of the Boca Ice facility in any capacity whatsoever.
2) TO ASSUME ALL RISKS of participating in any of the Activities, even those caused by BI’s negligent acts or conduct, its owners, members, affiliates, operators, employees, agents, and/or officers. Participant understands that there are inherent risks of injury and death that exist while participating in any of the Activities, which may be both direct or indirect, foreseen and unforeseen and include serious physical injury and death; and
3) TO RELEASE and hold harmless BI, its members, owners, affiliates, managers, operators, employees, agents, and officers, as well as any parent company, its officers, employees, directors, and shareholders, from all liability for any loss, damage, injury, death, or expense that Participant (or their next of kin) may suffer, directly or indirectly, arising out of or relating to their participation in any of the Activities, including while receiving instruction and/or training. The Participant understands they are releasing and waiving all claims that occur while using the Facility, even those claims that may arise from any negligent acts or conduct of BI, its member, owners, affiliates, operators, employees, agents, and/or officers, as well as any parent company, its officers, employees, directors, members, and shareholders, to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for any claim arising from conduct that is found to constitute willful and/or intentional misconduct
Personal Responsibility Agreement
1) Participant certifies that they have no physical or mental condition that precludes them from participating in any of the Activities and not participating against medical advice.
2) Participant understands that participation in any of the Activities is voluntary and further understands that they have the opportunity to inspect any portion of the Facility where their Activity occurs. More importantly, Participant understands and acknowledges by signing this Agreement that there are both known and unknown inherent risks when participating in any physical activity at the Facility.
3) The Participant is obligated to follow the Your Responsibility Code (the “Code”) and any Facility Rules available throughout the facility and upon request by the participant.
4) Participant understands that they may minimize their risk of injury by abiding by the Code and using common sense at all times. They have personal responsibility for their safety by being aware of their surroundings and staying within their ability.
5) If, while participating in any of the Activities, Participant observes any unusual hazard or condition, which they believe jeopardizes Participant’s safety or that of others, Participant will stop their participation in the Activities and immediately bring the danger or condition to the attention of any employee of BI.
6) Participants understand that they are responsible for asking one of the Facility’s employees if they need any assistance.
7) Participant shall report all injuries sustained at the Facility to the front desk staff and complete an incident report before leaving the Facility.
8) Participant acknowledges that the use of the BI facilities are at their own risk and are responsible for their behavior and any consequences resulting from their behavior and/or misconduct.
Mediation and Binding Agreement
1) Participant must first send BI a written notice describing the incident and dispute to BI’s corporate offices of any incident which brought about the alleged dispute. Upon receipt of such written notice, the parties shall attempt to resolve such dispute without mediation or arbitration within thirty (30) days of BI’s receipt of such written notice.
2) After any attempts to amicably resolve such disputes and before filing any demand for arbitration, Participant shall then first submit any dispute, claim, or controversy relating to and/or arising from (a) this Agreement, (b) Participant's involvement in any Activity, and/or (c) any other interaction between the Participant and the Facility and/or BI to mediation before JAMS in Miami, Florida. Each party shall share the costs of the mediator. Any Mediation request must be brought within sixty (60) days following the incident which allegedly brought about any such dispute.
3) If Participant’s claim is not resolved through mediation, Participant agrees to submit to binding arbitration any dispute, claim, or controversy, relating to and/or arising from (a) this Agreement, (b) Participant's involvement in any Activity, and/or (c) any other interaction between the Participant and the Facility and/or BI. Any and all actions must be brought within one (1) year of the date the dispute/incident first occurred.
4) The submission to arbitration shall be unlimited and shall include determining the scope or applicability of this Agreement to arbitrate.
5) Any disputes, including interpretation of this Agreement, shall be submitted to JAMS for resolution by a single arbitrator selected by the parties under JAMS Streamlined Arbitration Rules & Procedures.
6) Each party shall pay their own costs, including but not limited to legal fees and paraprofessional fees at all levels of legal proceedings, including appeals. The parties shall share the costs of the appointed arbitrator equally.
7) The arbitrator shall establish a reasonable and appropriate discovery schedule to resolve this matter expeditiously. As a threshold matter, the Panel shall confirm whether the waiver/release agreement and the mediation and arbitration agreement contained in this Agreement are enforceable under applicable law.
8) Judgment on the Award may be entered in any court having jurisdiction over the parties and controversy. The venue shall remain in Palm Beach County, Florida. This Agreement shall be governed by the laws of the State of Florida.
9) To the extent that any portion of this Agreement is deemed invalid by the Panel, the remaining parts of the Agreement, including the Mediation and Binding Arbitration Section of the Agreement, shall remain binding and available for use by the Participant, BI, and their respective counsel in any proceeding.
COVID-19 and Other Viruses
COVID-19 is a highly contagious virus that can cause, among other conditions, severe respiratory illness, sometimes leading to death in individuals who contract it.
Protecting your safety while using the Facility is extremely important to BI. With that priority in mind, BI is taking steps to reduce the potential for COVID-19 spread and spread of any other virus’ at the Facility. These steps include implementing enhanced Facility sanitization procedures and comprehensive guidelines to ensure that Facility team members remain in good health and practice recommended preventative measures. BI would ask that you also use antibacterial cleaning supplies both before and after use to maintain the Facility’s good hygiene, exclusive of climbing holds). We request that you use hand sanitizer or liquid chalk before each climb to ensure that the climbing holds remain COVID-19 and virus-free.
Even with BI’s precautions in place, BI simply cannot eliminate all risks associated with COVID-19 and other viruses. By choosing to make use of this Facility, you are assuming the risk that you may contract COVID-19 at the Facility, or another virus, despite BI’s best efforts to provide a clean and safe environment and to waive, hold harmless, and release Boca Ice for any claim that you believe you might have should you be diagnosed with coronavirus or another virus.
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.
Today's Date: April 1, 2023