In consideration of being permitted to participate and/or spectate, in any way, at the Daniel Dhers Action Sports Complex and/or being permitted to enter for any purpose, I, __________________, the undersigned if over 18 years old, hereby acknowledge, accept, and agree that; IF A MINOR PARTICIPANT & SPECTATOR RELEASE OF LIABILITY & ASSUMPTION OF RISK AGREEMENT In consideration of being permitted to participate and/or spectate, in any way, at the Daniel Dhers Action Sports Complex and/or being permitted to enter for any purpose, I,________________, the undersigned, Parent/Legal Guardian of __________ ,a minor, hereby acknowledge, accept, and agree that; BMX, MTB, Skateboarding, Scootering and other roller sports are considered high-risk activities and these activities are inherently dangerous and pose risks to both participants and bystanders. While certain risks of injury are inherent to participating in and/or spectating of BMX, MTB, Skateboarding, Scootering and other roller sports; the risk of injury from the use of and/or being present in the Daniel Dhers Action Sports Complex are significant and include but are not limited to the potential for permanent paralysis and/or death due to the action, inaction, and/or negligence of oneself and/or others. Such risks include, but are not limited to, collisions and/or impacts with persons, equipment, and/or surfaces; equipment failures; hazards related to the condition of surfaces; the negligence of oneself and/or others, and any other risks not known or reasonably foreseeable at this time. I understand that while particular rules, equipment, safety gear, and personal discipline may help reduce the risk of injury and/or death, it does not eliminate and may not reduce the risk of serious injury and/or death even when these high-risk activities are conducted in accordance with all such rules. - I KNOWINGLY, FREELY, AND EXPLICITLY ASSUME ALL SUCH RISKS, both known and un-known, EVEN IF ARISING FROM THE NEGLIGENCE OF MYSELF AND/OR OTHERS, and assume full responsibility for any and all injuries and/or damages that may occur to either myself and/or others resulting from the use of the Daniel Dhers Action Sports Complex, my participation, and/or my spectating at the Daniel Dhers Action Sports Complex.
- I have thoroughly read and willingly agree to comply with the stated and customary rules, terms, and conditions for participating and spectating at the Daniel Dhers Action Sports Complex, as well as, understand the intensity of the given high-risk activities. I am aware of the inherent risks of injury involved in the participation of and/or spectating in the Daniel Dhers Action Sports Complex and I understand that in accepting these risks, associated with the high-risk activities at Daniel Dhers Action Sports Complex, I also share in the responsibly of minimizing these risks. Therefore, if I observe any unusual, significant or insignificant, hazards during my presence and/or participation at the Daniel Dhers Action Sports Complex, I will remove myself from spectating and/or participating and will bring such hazards to the immediate attention of the nearest DDASC staff member.
- I agree for both myself and for my heirs, assigns, executors, and/or administrators to release, waive, and discharge any and all legal rights that I may have, or that I may assert on behalf of a minor, to seek payment and/or relief of any kind from the Daniel Dhers Action Sports Complex, its owners, officers, employees, sponsors, and/or agents, for injury, illness, and/or death resulting from participating in and/or spectating of the high-risk activities at the Daniel Dhers Action Sports Complex. I also agree not to sue the Daniel Dhers Action Sports Complex, its owners, officers, employees, sponsors, and/or agents, and agree to hold harmless and indemnify the Daniel Dhers Action Sports Complex, its owners, officers, employees, sponsors, and/or agents, for all claims, damages, losses, and/or expenses, including attorneys fees, if a suit is filed concerning an injury, illness, and/or death to me resulting from participation in and/or spectating of the high-risk activities at the Daniel Dhers Action Sports Complex.
- I understand that this waiver will remain in effect each and every time I visit , whether at the current location or any other location or facility, until it is terminated by the Daniel Dhers Action Sports Complex or until it is revoked, in writing, by the undersigned; whichever comes first.
- By entering Daniel Dhers Action Sports Complex and participating in or spectating, I hereby grant Daniel Dhers Action Sports Complex the irrevocable right and permission to photograph and/or record me in connection with Daniel Dhers Action Sports Complex and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind.
- Participation in the Daniel Dhers Action Sports Complex should demonstrate high standards of ethics and sportsmanship and promote the development of good character and other important life skills. I understand that in order to participate in the Daniel Dhers Action Sports Complex, I must act in accordance with the “Six Principles of Character” which include: trustworthiness, respect, responsibility, fairness, caring, and good citizenship.
- I have carefully read and fully understand the park policies that are posted in and around the Daniel Dhers Action Sports Complex. I also recognize that participants and bystanders can be asked to leave at any time, without refund, by the discretion of the Daniel Dhers Action Sports Complex staff.
- The rental equipment, at all times, remains the exclusive property of The Daniel Dhers Action Sports Complex. I, the renter named above, understand that I am responsible for any damage total loss and/or return of the equipment. If the equipment is lost, destroyed and/or damaged beyond repair, in the judgment of The Daniel Dhers Action Sports Complex, the renter agrees to pay The Daniel Dhers Action Sports Complex the value of the equipment. Any and all repairs that are necessary, as a result of the use of the equipment and/or the use of the facility, will be performed at The Daniel Dhers Action Sports Complex “Pro-Shop” labor rates and the renter agrees to pay the cost of such repairs including all parts needed.
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