ACTIVITY WAIVER, RELEASE, AND INDEMNITY AGREEMENT
The undersigned individual (or parent/guardian of a minor participant) has chosen to participate in the roller skating activities (hereinafter referred to as the “Activity”) provided by Skate Open Spaces LLC.
I, on behalf of myself or my minor dependent, hereby acknowledge and agree that the Activity is a strenuous and potentially hazardous activity, and that I may be exposed to inherent dangers and hazards and known and unknown risks, including but not limited to falls, scrapes, cuts, bruises, contusions, fractures, overexertion, paralysis, injuries from dangerous weather conditions, uneven surfaces, the participant's lack of conditioning or fitness, communicable diseases, and other risks of injury, harm, and death.
I understand and agree that as a consequence of these risks and others not specifically listed that may be associated with the Activity, I may be seriously injured, disabled, become ill, or may die from the resulting injuries. I acknowledge that Skate Open Spaces does not provide and assumes no responsibility for providing medical care during the Activity, and that I am financially responsible for any medical care and/or treatment and/medical evacuation that I may incur while participating in the Activity.
I understand that protective gear may be provided to me through a rental agreement with Skate Open Spaces for use during the Activity. I understand and agree that no warranty is made or implied regarding the condition or suitability or the ability of the protective gear to protect me from or minimize the extent of any injuries I may sustain while participating in the Activity.
I hereby freely assume the inherent risks as well as any other risks not listed that are part of the Activity, and any harm, injury, illness, or loss that may occur to me or my property as a result of my participating in the Activity, including but not limited to any harm, injury, illness or loss caused by the negligence of Skate Open Spaces and its employees, agents, officers, volunteers, and contractors, as well as other Activity participants.
As a condition of participating in the Activity, I hereby agree to hold harmless, release, waive, and indemnify Skate Open Spaces and its employees, agents, officers, volunteers, and contractors, from any and all claims, causes of action, injuries, liabilities, or damages resulting from my participation in the Activity, including any claim that may arise due to negligence of their part or on the part of any other Activity participant. I also agree to indemnify, hold harmless and defend Skate Open Spaces and its employees, agents, officers, volunteers, and contractors, from any and all claims for my own negligence, and any other claim arising from conduct during the Activity. In accordance with these promises, I will reimburse the released parties for any damages, reasonable settlements, and defense costs, including attorney's fees, that they incur because of any such claims made against them.
I further agree that in the event of my death or disability, the terms of this Activity Waiver, Release, and Indemnity Agreement, including the assumption of risk, release, waiver, and indemnity provisions, shall be binding on my estate, and my personal representative, executor, administrator or guardian shall be bound to respect and enforce them.
I hereby represent that I am physically able to participate in the Activity, and that I am legally competent to understand and complete this Activity Waiver, Release, and Indemnity Agreement. I hereby execute this Activity Waiver, Release, and Indemnity Agreement freely and without coercion. I agree to read, understand, and abide by all stated and customary terms, posted safety signs, rules, and verbal instructions applicable to participation in the Activity.
I understand that during the Activity I may be photographed or videotaped. To the fullest extent allowed by law, I hereby waive all rights of privacy, publicity, or pre-approval as to the use of my likeness or use of my name in connection with my likeness, and I grant to Skate Open Spaces permission to copyright, use, and publish (including by electronic means) such likeness of me, in whole or in part, throughout the world in perpetuity, in any form, without restrictions, and for any purpose.
This Activity Waiver, Release, and Indemnity Agreement shall be construed in accordance with the laws of the State of California, without reference to its choice of law rules. Any controversy, dispute, or claim arising out of the Activity or in relation to this Activity Waiver, Release, and Indemnity Agreement, which the parties are unable to resolve by mutual agreement, shall be settled exclusively by submission by either party of the controversy, claim or dispute to binding arbitration in San Mateo County before a single arbitrator in accordance with the rules of the American Arbitration Association then in effect.
In the event any portion of this Activity Waiver, Release, and Indemnity Agreement shall be found to be invalid or unenforceable, the remainder of this Activity Waiver, Release, and Indemnity Agreement shall remain and continue in full force and effect. I agree that any invalid provision may be modified or partially enforced to the maximum extent permitted by law to carry out the intent of this Activity Waiver, Release, and Indemnity Agreement.
I WARRANT AND REPRESENT THAT I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. NO ORAL REPRESENTATIONS, STATEMENTS, OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL.
September 22, 2023