In consideration of being permitted to participate in any way in on-ice and/or hockey event activities, and/or events hosted by the Orlando Solar Bears, LLC (“ECHL Team”) during the 2022-23 ECHL hockey season ("Activity"), I, for myself, my personal representatives, assigns, heirs, and next of kin: ACKNOWLEDGE, agree, and represent that I understand the nature of the Activity and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity. FULLY UNDERSTAND THAT: (a) the Activity INVOLVES RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH ("RISKS"); (b) these RISKS and dangers may be caused by my own actions or inactions or the actions or inactions of others participating in, supervising, aiding in, or otherwise taking part in the Activity, the condition in which the Activity takes place, or the negligence of the RELEASEES named below; (c) there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES AND COSTS, I incur as a result of my participation or that of the minor in the Activity. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE ECHL Team, Lightning Hockey, LP and each of their respective owners, affiliates, parents, subsidiaries, administrators, directors, agents, officers, members, volunteers, and employees, ECHL Inc., ECHL Properties, LLC, City of Orlando, other participants, any sponsors, advertisers, and, if applicable, owners and lessees of premises on which Activity takes place, (each considered one of the "RELEASEES" herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES INCLUDING, BUT NOT LIMITED TO, ANY INJURY, ILLNESSES (INCLUDING COVID-19), DEATH, OR ATTORNEYS’ FEES AND COSTS, ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS. I understand an inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the CDC, senior citizens and people with underlying medical conditions are especially vulnerable. I understand the Releasees cannot guarantee I and/or my minor child(ren) will not be exposed during the Activity. By participating in the Activity, I and/or my minor child(ren) expressly assume all risk of exposure to COVID-19 and injury (including, without limitation, permanent disability and death) relating to or arising out of my and/or my minor child(ren)’s participation, howsoever caused or arising and whether by negligence or otherwise, and accept personal responsibility for the damages following any such injury, permanent disability, or death. I authorize the Releasees to obtain emergency medical treatment for me and/or my minor child(ren), including, if necessary, surgical procedures, if I and/or my minor child(ren) am/are injured or becomes ill during the Activity, even if the Releasees are unable to contact me. I further agree that any expenses for medical treatment received by me and/or my minor child(ren) as a result of any injury or illness during the Activity is my sole responsibility. I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, I or anyone on my behalf, makes a claim against any of the RELEASEES, I will indemnify, defend, save and hold harmless each of the RELEASEES from any litigation expenses, attorneys’ fees, loss, liability, damage, or cost which any of the RELEASEES may incur as the result of such claim. Further, I hereby consent and grant permission to the Releasees to use my and/or my child’s name(s), photograph(s) and/or video(s) of me and/or those of my minor child (if applicable), worldwide and in perpetuity, for any purpose, by any means and in any medium, whether now known or hereinafter developed. I understand that I shall not have any right to review or approve of any material within which photograph(s) and/or video(s) of me and/or my minor child (if applicable) may appear and I understand that the Releasees may use such photograph(s) and/or video(s) with or without associating names thereto. I further waive any claim for compensation of any kind for the Releasee’s use and/or publication of photograph(s) and/or video(s) of me and/or those of my minor child (if applicable). I hereby fully and forever discharge and release the Releasees from any claim for damages of any kind (including, but not limited to, invasion of privacy; defamation; false light or misappropriation of name, likeness or image) arising out of the use or publication of photograph(s) and/or video(s) of me and/or those of my minor child (if applicable) by the Releasees, and covenant and agree not to sue or otherwise initiate legal proceedings against the Releasees for such use or publication on my own behalf and/or on behalf of my minor child (if applicable). All grants of permission and consent, and all covenants, agreements, and understandings contained herein are irrevocable. I represent and warrant that myself and/or my minor child(ren)’s participation in the Activity, including but not limited to, myself or my child(ren)’s participation in any physical activity or performance, will not reflect badly on the ECHL Team. I acknowledge and represent that I am over the age of eighteen (18), that I have read this entire document, that I understand its terms and provisions, and that I have signed it knowingly and voluntarily on behalf of myself and/or my minor child (if applicable). I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT. NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE RELEASEES (AS DEFINED ABOVE) USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASEES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE RELEASEES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. AND I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF THE ACTIVITIES AND THE MINOR’S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES AND COSTS, ON THE MINOR’S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS AND FURTHER AGREE IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASEES NAMED ABOVE, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEYS’ FEES, LOSS, LIABILITY, DAMAGE, OR COST ANY OF THE RELEASES MAY INCUR AS THE RESULT OF ANY SUCH CLAIM.
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