I acknowledge and affirm that I am authorized to sign on behalf of participant(s) (hereinafter collectively referred to as “Participants”) who will be using the ice skating rink at Riverbend Ice Center, including any minors for whom I am legally responsible. I further affirm that I have been granted express permission by all Participants and their parent(s) or legal guardian(s) to act on their behalf in entering into this agreement. The Participants and/or their legal guardian(s) acknowledge and agree that ice skating, and all related activities, are inherently dangerous and involve a significant risk of serious injury, property damage, or death. Participation in any activities at Riverbend Ice Center is voluntary, and the Participants and/or their legal guardian(s) fully assume any and all risks associated with participation, including but not limited to the risks of bodily injury, death, and property damage. This assumption of risk extends to the use of the ice rink and all surrounding areas. Release and Waiver of Liability:
By agreeing to this document, the Participants and/or their legal guardian(s) hereby irrevocably waive, release, and discharge Riverbend Ice Center, its affiliates, subsidiaries, owners, members, managers, officers, directors, agents, employees, contractors, and volunteers (hereinafter collectively referred to as "Riverbend Ice Center"), including Vestal Ice, LLC, from any and all liability, claims, demands, causes of action, or expenses of any kind or nature, whether known or unknown, arising from or related to participation in activities at Riverbend Ice Center, including but not limited to claims for personal injury, death, property damage, or any other loss or damage, regardless of whether caused by negligence, gross negligence, or any other legal theory. This waiver includes, but is not limited to, any claims arising from the design, maintenance, supervision, inspection, or condition of the ice skating rink and all surrounding areas, including locker rooms, parking lots, and common areas, whether or not such claims are related to negligence on the part of Riverbend Ice Center. Indemnification and Hold Harmless Agreement:
In addition to the release and waiver of liability, the Participants and/or their legal guardian(s) agree to indemnify, defend, and hold harmless Riverbend Ice Center from any and all liability, claims, demands, damages, costs, and expenses, including attorneys' fees, that arise out of or relate to (1) any injury or damage sustained by the Participants while at Riverbend Ice Center; (2) any act or omission by the Participants or their legal guardian(s); or (3) any breach of this agreement by the Participants or their legal guardian(s). This indemnification obligation applies whether the claim is based on negligence, gross negligence, or any other legal theory. Covenant Not to Sue:
The Participants and/or their legal guardian(s) expressly agree that they will not initiate or assist in the initiation of any lawsuit, action, or claim against Riverbend Ice Center related to any injuries, damages, or losses arising out of participation in any activities at Riverbend Ice Center, including but not limited to ice skating, practices, games, or any other activities. If such a claim is brought, the Participants and/or their legal guardian(s) agree to indemnify Riverbend Ice Center for all defense costs, attorneys' fees, and damages arising from the lawsuit. Acknowledgment of Rules and Regulations:
Participants agree to abide by all rules and regulations as posted within Riverbend Ice Center and to follow the instructions of Riverbend Ice Center staff at all times. Failure to follow these rules and instructions may result in immediate termination of the Participants’ use of the ice skating rink and surrounding areas without refund. This agreement remains in effect even in the absence of posted rules or signage. Severability:
In the event that any portion of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. This agreement constitutes the entire understanding between the parties and supersedes any prior agreements, representations, or understandings related to the subject matter herein. Governing Law and Jurisdiction:
This agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. Any disputes arising under this agreement shall be resolved in the courts of Broome County, New York. BY USING THIS ONLINE FEATURE, I ACKNOWLEDGE AND AGREE TO EACH AND EVERY TERM OF THIS ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNIFICATION AGREEMENT. I FURTHER ACKNOWLEDGE THAT I HAVE FULL AUTHORITY TO ACT ON BEHALF OF ALL PARTICIPANTS LISTED, AND THAT I AM RELEASING VESTAL ICE LLC and RIVERBEND ICE CENTER FROM ANY AND ALL CLAIMS, INCLUDING CLAIMS OF NEGLIGENCE, ON BEHALF OF MYSELF AND ALL PARTICIPANTS IN MY GROUP.
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