ACCIDENT WAIVER AND RELEASE OF LIABILITY FORM
By signing below, I acknowledge, on behalf of myself or participating minor for which I am signing as the legal guardian (the “Participant”), that I have read, understand, and accept the terms of this release.
Acknowledgement and Assumption of Risk. I hereby understand and acknowledge that the various activities, including, but not limited to, coordination activities and general fitness activities, held by Shaw Hockey Productions, LLC, Coach Besa Tsintsadze and each of their employees, contractors, directors, officers, coaches, agents, representatives or volunteers (collectively, the “Sponsors”), during the Father's Day 2020 Skating Event may expose the Participant to inherent risks, including, but not limited to, equipment malfunction, falls, accidents, injury, illness, paralysis, emotional distress, or even death.
I hereby assume all of the risks of participating in this Father's Day 2020 Skating Event, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the Sponsors, from dangerous or defective equipment or property owned, maintained or controlled by them, or because of their possible liability without fault. I certify that the Participant is physically fit and has not been advised not to participate in physical activity of any kind by a qualified medical professional. I understand that Sponsors will make no evaluations or recommendations as to whether or not the Participant is capable or deemed physically fit to engage in an activity. If at any time I believe the Participant is no longer able to safely participate, the Participant will discontinue participation.
Waiver and Release/ Indemnification and Hold Harmless. In consideration for permitting the Participant’s participation in this Father's Day 2020 Skating Event, I hereby take action for myself, the Participant, the Participant’s executors, administrators, heirs, next of kin, successors, and assigns as follows: I FULLY AND FOREVER WAIVE, RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS THE SPONSORS, FROM ALL CLAIMS, DEMANDS, CAUSES OF ACTION, AND LIABILITY FOR DAMAGES, INJURIES (INCLUDING DEATH), AND COSTS (INCLUDING ATTORNEYS FEES AND COURT COSTS) WHICH ARE IN ANY WAY RELATED TO OR ARISE OUT OF ME BEING IN, UPON, OR ABOUT THE PREMISES IN WHICH THE BESA SMALL GROUP EVENT IS HOSTED, AND PARTICIPATION IN ANY ACTIVITIES WITH THE SPONSORS DURING THE FATHER'S DAY 2020 SKATING EVENT, INCLUDING WITHOUT LIMITATION CLAIMS OF SPONSOR’S NEGLIGENCE AND THE USE OF ANY OF SPONSOR’S EQUIPMENT. FURTHER, I AGREE THAT THE FORGOING RELEASE, WAIVER, AND INDEMNITY IS INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF COLORADO.
Insured; Authorization of Medical Care. I hereby confirm that the Participant has current medical/health insurance coverage. In case I suffer injury or illness while participating in the Father's Day 2020 Skating Event, I authorize and desire medical care, including first aid, for Participant that is deemed necessary for Participant’s welfare. I accept responsibility for all associated expenses.
Limitation of the Company’s Liability. If despite the forgoing waiver and release, Sponsors have liability hereunder, Sponsors’ aggregate liability arising out of or in connection with my participation in Father's Day 2020 Skating Event with Sponsors will not exceed $1,000, and in no event will Sponsors be liable for incidental, consequential, indirect, special, or punitive damages, regardless of whether Sponsors have been advised of the possibility of such damages.
Content and Performance Release. I acknowledge that Shaw Hockey Productions, LLC will be taking pictures, videos, and audio recordings during the Father's Day 2020 Skating Event, and I consent to the foregoing. I hereby grant Shaw Hockey Productions, LLC and its licensees, successors and assigns (collectively the “Producer”) all rights of every kind and character whatsoever, in and to (a) my performance, appearance, likeness, image, name, and voice resulting from the Father's Day 2020 Skating event (my “Performance”) and (b) the results and proceeds of my Performance. This grant includes the rights to reproduce, prepare derivative works based upon, distribute copies of, perform publically, and display publically my Performance and the results and proceeds thereof. I hereby acknowledge that I will not receive any additional consideration, now or in the future, in connection with this release, my Performance, or the results and proceeds of my Performance. I hereby irrevocably waive, to the fullest extent permitted by law: (a) Any rights to restrain, inspect, or in any way interfere with (i) the use, distribution, exhibition, or exploitation of my Performance or the results and proceeds of my Performance or (ii) the rights granted herein; (b) Any rights to equitable or injunctive relief in connection with this release; (c) Any rights to demand additional consideration in connection with this release; (d) Any causes of action I may have or hereafter acquire against the Producer for invasion of privacy, copyright or trademark violation, right of publicity, or false lights arising out of or in connection with the authorized usage set forth in this release.
General Terms. The accident waiver, release of liability and image release shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. This agreement shall be governed by and construed in accordance with the internal laws of Colorado, without regard to Colorado’s conflict of laws principles. Any action brought to interpret or enforce this agreement may only be brought in a state court located in Denver, Colorado, and each party submits to such jurisdiction and venue. If any portion of this agreement is held invalid, it is agreed that the rest of the agreement shall continue in full legal force and affect.
I HEREBY CERTIFY THAT I AM OVER THE AGE OF 18 YEARS OLD; IF I AM NOT OVER 18, MY LEGAL GUARDIAN MUST SIGN BELOW, I CERTIFY THAT I HAVE READ THIS DOCUMENT, AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT ON MY OWN FREE WILL.