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PUBLIC SKATE PARTICIPANT AGREEMENT

ASSUMPTION OF RISK, RELEASE AND WAIVER OF CLAIMS, COVENANT NOT TO SUE, AND INDEMNITY AGREEMENT


READ CAREFULLY. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND THE RIGHTS OF YOUR CHILD. DO NOT SIGN IT UNLESS YOU HAVE READ AND UNDERSTAND IT.


1. Definitions. "Facility" means Vestal Ice, LLC dba Riverbend Ice Center, 614 River Road Rear, Town of Chenango, New York, including the ice surface, building, locker rooms, restrooms, stairs, walkways, parking areas, and all equipment. "Released Parties" means Vestal Ice, LLC and its parent and affiliated companies, members, managers, officers, employees, volunteers, agents, contractors, insurers, the owners and lessors of the Facility property, and their successors and assigns. "Participant" means each person named in this Agreement. "Activities" means public skating and everything connected to it, including entering and leaving the Facility, parking, skate rental, using lockers, benches and concessions, and watching from off the ice. "I" and "me" mean the Participant and, for a minor, the signing parent or guardian.


2. Voluntary Participation. Participation is entirely voluntary. No one requires me to skate. I may leave the ice at any time.


3. Inherent Risks. Ice skating is a hazardous activity. I understand the risks include, without limitation:

• Falls on hard ice, which are common for skaters of every ability

• Collisions with other skaters, including skaters who are careless, reckless, skating too fast, or skating against traffic

• Contact with boards, glass, doors, gates, benches, posts, and the ice resurfacing machine

• Cuts from skate blades, including my own

• Ruts, cracks, chips, holes, frost, water, slush, snow, and objects on the ice

• Wet, slippery, or icy floors, mats, stairs, sidewalks, and parking areas, inside and outside the building

• Cold temperatures and changing lighting, music, and crowd conditions

• Rental or personal skates that fit poorly, are dull, or fail

• Pucks, sticks, toys, or other objects on or near the ice

• My own physical condition, fatigue, or medical conditions, known or unknown

• The acts or omissions of other skaters, guests, and spectators

• Delay in, or lack of, first aid or emergency care

• Injuries including bruises, sprains, broken bones, dental and eye injuries, concussion and other head injuries, spinal injury, paralysis, and death

Other risks may exist that are not known or foreseeable today.


4. Rules and Responsibilities. I agree to:

• Skate only within my ability and in the posted direction

• Follow all posted rules and every instruction from Facility staff

• Never race, play tag, chase, carry another person, sit or lie on the ice, or throw snow or objects

• Inspect rental skates before use and report any problem before going on the ice

• Leave the ice immediately when asked, including for resurfacing

• Report any hazard or injury to staff immediately

• Not enter the Facility under the influence of alcohol or drugs

• Wear a helmet if I am a beginner or a child; helmets are strongly recommended for everyone, and if I choose not to wear one, I accept that risk

• Make sure any child under 12 has a parent or responsible adult present at the Facility at all times, and any child who cannot skate on their own is accompanied on the ice by an adult

Staff may refuse entry to, or remove, anyone at their sole discretion, without refund.


5. Express Assumption of Risk. I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS OF THE ACTIVITIES, KNOWN AND UNKNOWN, INCLUDING RISKS ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERS, AND I ACCEPT FULL RESPONSIBILITY FOR ANY INJURY, DEATH, OR PROPERTY LOSS THAT RESULTS.


6. Release and Waiver of Claims. TO THE FULLEST EXTENT PERMITTED BY LAW, I RELEASE, WAIVE, AND DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION FOR INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO THE ACTIVITIES, INCLUDING CLAIMS BASED ON THE NEGLIGENCE OF THE RELEASED PARTIES. If any law limits this release, it shall be enforced to the maximum extent that law allows.


7. Covenant Not to Sue. I will not sue the Released Parties, or permit anyone acting for me, my estate, or my family to sue them, on any claim released in this Agreement.


8. Indemnity. To the fullest extent permitted by law, I will defend, indemnify, and hold harmless the Released Parties from all claims, losses, damages, judgments, costs, and attorneys' fees arising from my participation, my conduct, or my breach of this Agreement, including claims brought by other skaters or guests I injure, and claims brought by my family, heirs, or estate.


9. Medical Care. I authorize Facility staff to call emergency services and to provide or arrange first aid or medical transport if they believe it is needed. I understand staff are not medical professionals and the Facility has no duty to keep medical personnel on site. I am responsible for all medical and transport costs.


10. Rental Skates and Equipment. Rental skates and equipment are provided as is, without any warranty. I am responsible for checking fit, condition, and lacing. I will pay for any rental item I lose or damage.


11. Personal Property. The Released Parties are not responsible for lost, stolen, or damaged property, including items left in lockers, on benches, or in vehicles.


12. Photos, Video, and Surveillance. The Facility uses video surveillance. I consent to being recorded and to the Facility's use of my image in photos and video for promotion, without payment to me.


13. Fees. All admission and rental fees are nonrefundable, including if I am removed or a session is shortened or canceled. Any credit is at the Facility's sole discretion.


14. Reporting and Time Limit for Claims. I will report any injury to staff before leaving the Facility and in writing to Facility management within 30 days. To the extent permitted by law, any lawsuit relating to the Activities must be filed within one year after the date of the incident, or it is permanently barred.


15. Governing Law, Venue, and Jury Waiver. This Agreement is governed by New York law. Any lawsuit relating to this Agreement or the Activities must be brought only in the state courts located in Broome County, New York. I KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL.


16. Attorneys' Fees. If I bring a claim that this Agreement bars, or I otherwise breach it, I will pay the Released Parties' reasonable attorneys' fees and costs.


17. Duration. This Agreement covers today's visit and every future visit to the Facility, unless I revoke it in writing delivered to Facility management.


18. Electronic Signature and Records. My electronic signature, typed name, or click of "I Agree" has the same force as a handwritten signature. An electronic or scanned copy of this Agreement is as valid as the original and may be used in any proceeding.


19. Severability and Interpretation. This Agreement is intended to be as broad and inclusive as New York law permits. If any part is held invalid or unenforceable, that part will be enforced to the greatest extent allowed, and the rest of this Agreement stays in full force. This is the entire agreement on these subjects, and no oral statement changes it.


20. Acknowledgment. I have read this entire Agreement. I had the chance to ask questions. I understand I am giving up substantial legal rights, including the right to sue. I sign freely and voluntarily, without any inducement or promise.


ADULT PARTICIPANTS (18 OR OLDER)

I CERTIFY THAT I AM AT LEAST 18 YEARS OF AGE, THAT I HAVE READ THIS ENTIRE AGREEMENT, AND THAT I UNDERSTAND I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES. I SIGN IT FREELY AND VOLUNTARILY.


PARENTS OR LEGAL GUARDIANS OF MINORS (UNDER 18)

I AM THE PARENT OR LEGAL GUARDIAN OF EACH MINOR LISTED IN THIS AGREEMENT. I HAVE READ THIS ENTIRE AGREEMENT AND I CONSENT TO EACH MINOR'S PARTICIPATION. ON MY OWN BEHALF, I AGREE TO EVERY TERM OF THIS AGREEMENT, INCLUDING THE RELEASE, COVENANT NOT TO SUE, AND INDEMNITY. ON BEHALF OF EACH MINOR, I ACKNOWLEDGE AND ASSUME THE INHERENT RISKS DESCRIBED ABOVE AND AGREE THE MINOR WILL FOLLOW ALL RULES. TO THE FULLEST EXTENT PERMITTED BY LAW, I AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY CLAIM BROUGHT BY OR ON BEHALF OF A MINOR ARISING FROM THE ACTIVITIES. I WILL SUPERVISE EACH MINOR AS REQUIRED BY SECTION 4. I HAVE REVIEWED THE RISKS AND RULES WITH EACH MINOR.




First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Middle Name
Last Name*
Relationship*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, I understand and agree that my electronic signature, whether by typing my name, clicking this box, and/or using a digital signature service, is intended to authenticate this document. This electronic signature shall have the same legal force and effect as a handwritten signature. I also agree that electronic copies of this Agreement shall be deemed original documents and shall be admissible in any legal proceeding.


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