Racquet Sports 2022 at Manhattan West Plaza
Assumption of Risk, Release of Liability, and Hold Harmless Agreement
Description of Event: Free Racquet Sports Event at Manhattan West Plaza in NYC
I, the undersigned (the “Participant”) hereby voluntarily request to participate in the event identified above (hereinafter the “Event”).
- I am familiar with the concept of racquet sports and racquet sports play and the risks involved, which include interaction with moving racquets and balls being volleyed at varying heights and speeds. I understand that the Event requires concentrated focus and awareness of the environment around me, and caution at all times. I understand that I must exercise good judgment at all times in order to remain safe, including stopping immediately if I feel lightheaded, nauseous, faint, or weak. If at any time I feel I cannot continue to participate safely for any reason, whether because of a physical condition, the actions of myself or others, or any other reason, I must immediately discontinue involvement and must not depend or rely on the direction of the Event coordinator or other third parties to do so. As with any physical activity, I am aware that I must take any and all necessary precautions, including but not limited to seeking advice from my physician, prior to taking part in the Events.
- I understand and acknowledge that participation in the Event may involve risk of serious injury or death, including injuries which may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, the condition of the facilities, equipment, or areas where the Event is conducted, and/or the physical nature of the Event. I or my Parent or Guardian, where applicable, AGREE that I assume full responsibility for my conduct and safety at all times, whether or not in actual participation and/or at the Event’s site.
- I represent and warrant that I am in good health and have no physical condition that would prevent participation in the Event or put me at greater risk for injury. I agree that all activities undertaken by me at the Event are conducted at my own risk. Furthermore, I agree to use my personal medical insurance as primary medical coverage payment, if accident or injury occurs, without seeking any recoveries from the Releasees (as hereinafter defined) or the Releasee’s insurers. I hereby voluntarily and willingly assume responsibility for all risks and dangers associated with my participation in the Event FULLY Knowing and understanding the risks involved with participation in the Event.
- To the fullest extent permitted by and under New York law in consideration of my participation in the Event, I hereby knowingly and voluntarily waive and release ANY AND all claims or causes of action arising out of or in connection with my participation in the event, including but not limited to bodily injury (or death) or sickness of any nature whatsoever including, without limitation, COVID-19, against Q+A Events and Production LLC, SportsProsUSA, Inc., Shadowbox Design Management, Inc., Brookfield Properties (USA II) LLC, Brookfield Properties Developer LLC, BOP NE Development LLC, BOP MW Management Company LLC, BOP Management Inc., Brookfield Properties Holdings LLC, BOP West 31st Street LLC, Brookfield Properties 9th Avenue LLC, BOP (US) LLC, BOP NW Holdings II LLC, BOP NW Member II LLC, BOP NW LLC, BOP NW Retail II LLC, BOP MW Retail LLC, BOP MW Retail Holdings LLC, BOP MW Retail Member LLC, BOP MW Residential Retail LLC, BOP NW Retail LLC, BOP MW Residential LLC, BOP SW Retail LLC, BOP MW Residential Market LLC, BOP MW Residential Affordable LLC, BOP 450 West 33 LLC, BOP 450 West 33 II LLC, 450 Partners LLC, BOP 450 Member LLC, BOP 450 Retail LLC, BOP 450 Holdings LLC, BOP NE LLC, BOP NE Retail LLC, BOP NE Holdings LLC, BOP NE Member LLC, BOP SE LLC, BOP SE Retail LLC, BOP SE Holdings LLC, BOP SE Member LLC, BOP NW Loft LLC, BOP NW Loft Member LLC, BOP NW Loft Holdings LLC, BOP NW Loft Management LLC, BOP MW Retail Subsidiary LLC, BOP MW Residential Parking LLC, The Manhattan West Owners Association LLC, Manhattan West Residential Condominium, 5 Manhattan West Condominium, and their respective affiliates, shareholders, partners (partners or partners), subsidiaries and related entities, and any successors and assigns of such entities; Wells Fargo Bank, National Association; Bank of China, New York Branch; Union Labor Life Insurance Company, New York State Housing Finance Agency, City of New York Department of Housing Preservation and Development; Landesbank Baden-Wurttemberg (as administrative agent of syndication of lenders); United Overseas Bank Limited, New York Agency (as administrative agent for syndication of lenders); Manufacturers and Traders Trust Company; Credit Argicole Corporate and Investment Bank; any present or future mortgagee which encumbers an interest in the land or improvements commonly known as (i) West 31st Street/West 33rd Street and 9th Avenue, New York, New York, or (ii) the Brooklyn Properties Manhattan West Project, New York, New York, together with their respective directors, officers, employees or agents, and any successors and assigns of such entities; The Port Authority of New York and New Jersey, National Railroad Passenger Corporate, Long Island Railroad Company, Metropolitan Transportation Authority and their respective affiliates, shareholders, partners (including partners or partners), subsidiaries and related entities, and any successors and/or assigns or such entities; New York City Industrial Development Agency; KT Hotels, LLC; and their respective affiliates, shareholders, partners (including partners of partners), subsidiaries and related entities, agents, and any successors and assigns of such entities (collectively and hereinafter “Releasees”).
- Without limiting anything contained above, I understand that while the Releasees have undertaken reasonable steps to lessen the risk of transmission of COVID-19, the Releasees are not responsible in any manner for any risks related to COVID-19 in connection with the Event. I further understand that contact with the virus that causes COVID-19 may result in significant personal injury or death. I am fully aware that involvement in the Event (including any related travel) carries with it certain inherent risks related to COVID-19 transmission (“Inherent Risks”) that cannot be eliminated regardless of the care taken to avoid such risks. Inherent Risks may include, but are not limited to, (1) the risk of coming into close contact with individuals or objects that may be carrying COVID-19; (2) the risk of transmitting or contracting COVID-19, directly or indirectly, to or from other individuals; and (3) injuries and complications ranging in severity resulting directly or indirectly from COVID-19 or the treatment thereof. Further, I understand that the risks of COVID-19 are not fully understood, and that contact with, or transmission of, COVID-19 may result in risks including but not limited to loss, personal injury, sickness, death, damage, and expense, the exact nature of which are not currently ascertainable, and all of which are to be considered Inherent Risks. To the fullest extent permitted by law, I hereby voluntarily accept and assume all risk of loss, personal injury, sickness, death, damage, and expense arising from such Inherent Risks.
- Manhattan West Plaza and its respective agents reserve the right to take and utilize photographs, videos, or any type of recordings of Participants and their parents, caregivers, or anyone accompanying them while engaged in our classes or associated activities. I consent to use of the photographs, videos, or recordings of the Participant (and the parent or guardian signing this form for a Participant under 18) for advertising, promotional, or related purposes of the Event on any and all media now in existence or hereinafter devised, throughout the world, in perpetuity, and waive all rights to compensation and other rights which may arise as a result (including any rights under N.Y. Civil Rights Law 50).
For parents of participants under the age of 18:
- I agree to supervise or designate a responsible adult to supervise my child prior to and immediately after his/her participation in the Event. If my child is under the age of 3, I understand that I must remain in the immediate vicinity of the Event at all times and within sight of my child.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND HOLD HARMLES AGREEMENT. I FULLY UNDERSTAND ITS TERMS, AND I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY, KNOWLINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME, AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY THE LAW.