Ice Skating & Curling at Gallagher Way
2022 Participant Liability Waiver (“Waiver”)
I voluntarily elect to participate in the physical activity and sport of Ice Skating and/or Curling at Gallagher Way (the “Event”). I understand that the Event takes place on ice – an inherently hard, uneven, and slippery surface. I understand Ice Skating, if applicable, involves sharp blades capable of causing traumatic injury.
By participating, I understand and assume all risk and dangers incidental to the Event, including, without limitation, the danger of bodily injury and damages resulting from falls, collisions, uneven surfaces, trip hazards, or contact with other participants, ice skates, other objects or artificial structures that are within my intended path of travel as a participant. I understand my participation in this Event involves strenuous physical activity and interactions with others, both of which can place stress on my body and may increase the likelihood of injury or transmission of infectious disease, including without limitation COVID-19. I also know natural and man-made obstacles or hazards and surface and environmental conditions may present during my participation in the Event and each may carry a significant risk of personal injury or infection to myself and/or damage my property. At all times during the Event, I agree to take an active role in identifying and accepting those risks, conditions, obstacles and hazards. In particular, I take personal responsibility for preventing the spread of COVID-19 while I am present at the Event. I understand and agree I will not enter the Event if I am exhibiting symptoms of illness or have been in known contact with an individual known or suspected to be infected with COVID-19 unless I have received permission from an informed medical professional. I am not required to undertake or participate in the Event – I have freely elected to do so and am choosing to participate in the Event at my own risk, may freely leave the Event at any time, and agree the opportunity to participate in the Event is sufficient consideration for this Waiver. I assume all risk incidental to the Event and my presence at Gallagher Way, including (but not exclusively) the danger of being injured by surface or environmental conditions or being infected with COVID-19. I agree the Released Parties (as defined below) are not liable for any injuries.
I hereby agree to indemnify and save and hold harmless the Gallagher Way, HSC Plaza and Building Operations (“HSC”), Triangle Property Holdings, LLC, Rink Management Services Corporation, the volunteers instructors for the Event (Windy City Curling Club, Chicago Curling Club, Exmoor Curling Club and Second City Curling) and each of their respective owners (direct and indirect), members, parent and affiliated companies, subsidiaries, successors, assigns, officers, officials, directors, employees, agents, representatives, event personnel, security officials, ambassadors, advertisers and sponsors, and the owners and lessors of the premises used to conduct the Event (each, a “Released Party”, and collectively, the “Released Parties”) from any loss, liability, damage, or cost they may incur due to my participation in the Event whether involving the negligence of the Released Parties or otherwise. I, my heirs, assigns, administrators, executors, legal and personal representatives, and next of kin agree not to make any claim or take any actions or proceedings of any type in respect of any matter referred to in this release against any of the Released Parties or against any other person, corporation, firm or government authority who or which might claim contribution, indemnity or relief from or over any Released Party.
I agree to abide by all rules and regulations of the Event including without limitation not bringing alcoholic beverages onto the ice and not consuming alcoholic beverages during my ice time. I agree I will not participate in the Event if at any time I am at risk of injury to myself or others due to alcohol consumption. I understand HSC has the right to remove me from the ice rink, Gallagher Way and/or to terminate the Event at any time and for any reason in the sole and absolute discretion of HSC.
Further, I grant the Released Parties (and their respective designees) the right to take photographs of me and my property during the Event. I hereby grant to the Released Parties and their respective designees the right to use my name, voice, photograph, actions and likeness, any video and/or audio recordings of my appearance (collectively, “Images”) in or around Gallagher Way and any other facts about me or my participation in the Event, in perpetuity (i.e., forever) throughout the universe in all media without limitation and without additional compensation or consideration, notification or permission, unless prohibited by law. In addition, in connection with the use of the Images, I hereby release and eave any action or cause of action that I (or anyone acting on my behalf) may assert in connection with the use of the Images, including, but not limited to, any claims for invasion of privacy, defamation, violation of any rights of publicity, or any other cause of action arising out of the production, reproduction, distribution, transmission, publication, public performance, broadcast, or exhibition of advertisement, promotions, content, programs and/or materials in which the Images appear.
I, hereby agree to indemnify and save and hold harmless the Released Parties from any loss, liability, damage, or cost they may incur due to my participation in the Event whether caused by the negligence of the Released Parties or otherwise.
I am at least (18) years old and have the legal capacity to execute the Participant Liability Waiver. If I have not reached (18) years, my custodial parent/legal guardian is co-signing under the applicable section below. I have carefully read all of the foregoing; I fully understand its contents; I have given this release and waiver of my own free will and this release and waiver binds my heirs, assigns, administrators, executors, legal and personal representatives and next of kin.
If participant is under age of (18), Child must sign above and custodial parent/legal guardians must sign below:
I am the custodial parent/legal guardian of the Child listed above (the “Child”), and as such, sign this release and waiver on his/her behalf with full understanding of its contents, and declaring I have given this release and waiver of my own free will, and that this release and waiver binds my Child and his or her heirs, assigns, administrators, executors, legal and personal representatives, and next of kin. I certify: (1) I am the custodial parent/legal guardian with legal responsibility for the Child listed above; (2) I consent and agree to his/her participation in the Event; (3) the statements set forth in this instrument are true and correct to the best of my knowledge, information and belief and I agree to same, for and on behalf of my Child, myself, my spouse, my heirs, executors, assigns, and next of kin. I further agree to release, indemnify and hold harmless the Released Parties from any and all liabilities and costs (including reasonable attorney’s fees) that may be incurred as a result of my Child’s participation in the Event or consent given as provided above, even if arising from the negligence of one or more Released Parties, to the fullest extent permitted by law.