In consideration of being allowed to participate in any way in the Bumper Car / Ice Skating programming, related events, and activities of the Iron Trail Motors Event Center, I, the undersigned, acknowledge, appreciate, and agree that
1. The risk of injury from the activities involved in this programming is significant, including the potential for permanent paralysis and death. Particular rules, equipment, and personal discipline may reduce but will not eliminate the risk.
2. I KNOWINGLY AND FREELY ASSUME ALL RISKS, both known and unknown, of participation in the Bumper Car / Ice Skating programming, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for participation.
3. I willingly agree to comply with the stated and customary terms and conditions for participation in the Bumper Car / Ice Skating programming. If I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately.
4. I, for myself and on behalf of my heirs, assigns, personal representatives, and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS, the City of Virginia, Virginia Parks Department, their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessees of premises used to conduct the event ("Releasees") WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
5. In further consideration of allowing me to participate in the aforementioned activities, I hereby agree to submit to binding arbitration any and all claims which I believe I may have against the RELEASEES or Iron Trail Motors Event Center arising from my activities at the Iron Trail Motors Event Center.
6. I HAVE READ AND UNDERSTAND THE RULES AND POLICIES REGARDING USE AND OPERATION OF THE BUMPER CAR / ICE SKATING PROGRAMMING.
RELEASE AND WAIVER OF CLAIMS AGREEMENT: For allowing me to participate in public at the Iron Trail Motors Event Center, I agree to the fullest extent permitted by law as follows:
1. TO WAIVE ALL CLAIMS that I may have against the Iron Trail Motors Event Center, the City of Virginia, and the Virginia Parks Department arising out of public skating and bumper cars at the Iron Trail Motors Event Center; and
2. TO RELEASE the Iron Trail Motors Event Center, the City of Virginia, and the Virginia Parks Department from all liability for any loss, damage, injury or expense that I (or my next of kin) may suffer arising out of skating and bumper cars, from any cause whatsoever including negligence on the part of the Iron Trail Motors Event Center in its operation, design or maintenance of the Iron Trail Motors Event Center.
ARBITRATION: I will submit any claims arising from public skating and bumper cars at the Iron Trail Motors Event Center to unlimited binding arbitration before the American Arbitration Association, within one year after the claim arises. Federal rules of evidence will govern the proceedings. A court competent jurisdiction can enforce the arbitration award. Arbitration shall be commenced within one (1) year from the date on which any alleged claim first arose.
ASSUMPTION OF RISK: I am aware that skating and bumper cars involves certain inherent risks and dangers that can result in serious personal injury or death. I hereby freely agree to assume and accept all risks of injury, known and unknown, arising out of skating and bumper car activities, even if arising from the negligence of the releasees or others, and assume full responsibility for participation. I acknowledge that skating and bumper car risks can be greatly reduced by taking lessons, obeying the skating and bumper car rules, and using common sense.
PLEASE NOTE: Any activity on or near the rink surface involves inherent risks, dangers, and hazards which can result in serious personal injury or death. The ticket purchaser, operator, and rider agree to waive all claims that each might have against the Iron Trail Motors Event Center, its officers, directors, employees, volunteer assistants, and contractors, and each agree to release all the identified and affiliated parties from any and all liability arising from any loss, damage, injury, death or expense incurred arising out of the ice bumper car activities from any cause whatsoever including the negligence on the part of Iron Trail Motors Event Center and its affiliates in the operation, supervision, design or maintenance of the bumper cars and this entire facility.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
To ride independently, all riders must be at least 5 years of age and a minimum of 42" tall. Those who are under 5 and less than 42" tall are welcome to ride with another person.