Please read the following terms and conditions carefully before participating in any activities at Stoke Run.
By signing this agreement, you acknowledge your understanding of the risks involved and agree to release Stoke Run LLC, its owners, employees, and affiliates from any liability. 1. ACKNOWLEDGEMENT OF RISK I, the undersigned, understand that BMX, skateboarding, inline skating, scootering, biking, use of personal electric vehicles (PEVs), and other similar activities (collectively, "Action Sports Activities") at Stoke Run Action Sports Park involve inherent risks, including but not limited to: collisions with other participants or fixed objects; falls; loss of balance or control; mechanical failures; trip hazards; loose screws; deteriorating or damaged surfaces; and other accidents or incidents that may result in serious injury, disability, or death. I acknowledge that the park contains wood ramps, dirt trails, and jumps, which may naturally develop hazards over time, and I am participating in Action Sports Activities at my own risk. I accept full responsibility for my own safety and well-being.I Agree 2. SAFETY GEAR REQUIREMENTS I understand that all participants under the age of 18 are required to wear a helmet while participating in Action Sports Activities. It is strongly suggested that all participants, regardless of age, wear helmets and other appropriate safety gear, including but not limited to knee pads, elbow pads, and wrist guards. I acknowledge that choosing not to wear recommended safety gear increases the risk of injury, and I agree that STOKE RUN LLC and its affiliates cannot be held liable for any injuries or damages that may result from my or my child’s decision not to wear safety gear.I Agree 3. RELEASE OF LIABILITY I hereby release, waive, discharge, and covenant not to sue STOKE RUN LLC, Jeffrey T. Gillson, Trustee, its owners, officers, employees, agents, representatives, and affiliates (collectively, the "Released Parties") from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, injury, or death that I may sustain while participating in Action Sports Activities or while on the premises of Stoke Run Action Sports Park, whether caused by the negligence of the Released Parties or otherwise, including but not limited to any claims related to trip hazards, loose screws, or other dangers associated with the natural wear and tear of ramps, trails, and jumps. I understand that the Released Parties cannot guarantee the condition of the facilities at all times and accept these risks as part of my participation.I Agree 4. INDEMNIFICATION I agree to indemnify and hold harmless the Released Parties from any loss, liability, damage, or cost, including attorney's fees, that may be incurred due to my participation in Action Sports Activities or my presence at Stoke Run Action Sports Park, whether caused by the negligence of the Released Parties or otherwise, including but not limited to claims related to any hazards or conditions at the park.I Agree 5. ASSUMPTION OF RESPONSIBILITY FOR HAZARDS I acknowledge and agree that it is my responsibility to inspect the equipment, ramps, trails, and facilities before participating in Action Sports Activities. If I observe any condition that I consider to be hazardous, I will immediately notify park staff and refrain from using the facility until the hazard is addressed. I understand that by proceeding to participate, I assume all risks associated with the condition of the facilities, including any dangers related to trip hazards, loose screws, and the inherent risks of wood ramps and dirt trails.I Agree 6. PHOTO AND VIDEO RELEASE I grant Stoke Run Action Sports Park, its employees, and partners the right to take photographs and/or videos of me during my participation in Action Sports Activities. I authorize Stoke Run Action Sports Park, its employees, and partners to use such images and recordings for any lawful purpose, including but not limited to promotional materials, social media, and website content.I Agree 7. RULES AND REGULATIONS I agree to abide by all rules, regulations, and posted signage at Stoke Run Action Sports Park and to follow any instructions given by the park staff. I understand that failure to comply with these rules and regulations may result in my expulsion from the premises without refund.I Agree 8. GOVERNING LAW AND JURISDICTION This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law principles. I agree that any legal action or proceeding relating to this Agreement shall be brought exclusively in the federal or state courts of Ohio.I Agree 9. SEVERABILITY If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. By signing below, I certify that I have read, fully understand, and voluntarily agree to the terms of this STOKE RUN LLC Waiver, Release, and Assumption of Risk Agreement. If the participant is under the age of 18, I also certify that I am the participant's parent or legal guardian and have the authority to sign this Agreement on their behalf.I Agree Participant's Signature OR Parent/Guardian Signature (if applicable): Date: October 4, 2024
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