CALIFORNIA SKATE GRAND TERRACE
RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK
AND PHOTO RELEASE AGREEMENT
WHEREAS, California Skate Grand Terrace, (“Owner”) is the owner and operator of that certain roller rink located at
22080 Commerce Way, Grand Terrace, California (the “Premises”), and is willing to permit the undersigned user signing
this Agreement to use the Premises, upon the terms and conditions of this Agreement.
Users under the age of 18 must have a parent or guardian present to sign this Agreement on their behalf.
In consideration for being provided access to the Premises, each person signing below hereby stipulates and agrees:
1. Use of Premises. I, the undersigned User (I, or on behalf of a minor) understand and agree that I may only use the
Premises for the purposes set forth in Agreement. I further agree that I am responsible for the proper use and care of the
Premises and any of Owner’s property thereon, and that I will be liable for the replacement cost of any Owner property
which is damaged, destroyed or lost as a result of my conduct or actions.
2. Assumption of Risk. I understand and acknowledge that the activities that take place on the Premises are dangerous and
pose a significant and material risk to human health and safety and involve the risk that I will be exposed to a variety of
hazards and risks, foreseen or unforeseen which are inherent to roller skating or related thereto, including recreation,
exercise, and related activities, and that I may sustain serious injury, temporary or permanent disability, death, and/or
property damage. I understand that the activities that take place on the Premises may not be supervised and that the
Owner of the Premises does not provide medical services. I further acknowledge that any injury I may sustain while on
the Premises may be compounded by negligent or delayed medical service. I VOLUNTARILY AND FREELY
ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY USE OF AND PARTICIPATION OF ACTIVITIES ON THE PREMISES, INCLUDING THE RISK OF DEATH, MAIMING,
SERIOUS INJURY, AND/OR PROPERTY DAMAGE.
3. Covid and Infectious Disease. I affirm that I, as well as all household members, do not currently have, nor have
experienced symptoms of COVID-19 or other infectious transmissible diseases, including, but not limited to, cough,
shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat,
or new loss of taste or smell WITHIN THE LAST 14 DAYS. I understand that Owner cannot be held liable for any
exposure to the COVID-19 virus or any other infectious disease.
4. Release from Liability. I hereby agree, on behalf of myself, my heirs and my personal representatives, to fully and
forever discharge and release Owner and its owners, affiliates, members, and their respective partners, agents, operators,
members, managers, employees, and representatives, (“Released Parties”) from any and all claims, causes of action,
demands or liabilities of any nature, (whether constituting property damage, personal injury or any other type or
category of damage, anticipated or unanticipated, known or unknown), which may exist presently or in the future relating
to the use of the Premises I may have or hereinafter have for any illness, injury (including but not limited to broken
bones, fractures, muscle strain), temporary or permanent disability, death, damages, liabilities, expenses and/or causes of
action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to my
entry upon and use of the Premises, whether caused by the active or passive negligence of the Owner or any of the
Released Parties or by any other reason or other user of the Premises, including exposure or harm due to COVID-19 or
other infectious disease. I acknowledge and agree that this Release and Waiver of Liability is intended to be, and is, a
complete release of any responsibility of the Released Parties for any and all personal injuries, temporary or permanent
disability, death, and/or property damage sustained by me while on or using the Premises, including for costs and
attorneys’ fees. I further agree not to make any demand for any released claims.
I may later discover facts different from, or in addition to, those I now believe to be true, with respect to the released
claims. Nevertheless, I agree that the release will be effective in all aspects, notwithstanding the discovery of any
additional facts. I further voluntarily and unconditionally waives each and every right which I may have under Section
1542 of the Civil Code of the State of California, and any similar law of any state or territory of the United States. Civil
Code §1542 reads as follows:
11207A_Release and Waiver of Liability.docx 2
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if
known by him or her, would have materially affected his or her settlement with the debtor
or released party.
5. Covenant Not to Sue. I agree, for myself and all my heirs, assigns and subrogees, and their respective officers, directors,
employees, and agents, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or
cause of action against the Released Parties which I or my heirs may have as a result of any personal injury, death or
property damage I may sustain while on or using the Premises.
6. Indemnification. I hereby agree to defend, indemnify and hold harmless Owner and the Released Parties from and
against any third party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties,
expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to
property sustained by reason of or arising out of my use of the Premises or participation in any activities on the Premises.
7. Responsibility for Personal Property. I acknowledge and agree that I am fully and solely responsible for any of my property and personal belongings that I bring onto the Premises and that Owner will not be responsible for or provide any
security for my property and personal belongings.
8. No Representations by Owner. I acknowledge that Owner makes no representation as to the condition of the Premises
or the safety of any structures or equipment that may be used at the Premises. I accept and shall use the Premises in its
“AS IS” condition. I acknowledge and agree that I am not relying upon any representation or statement by the Owner or
the Owner’s employees, agents, or representatives regarding this agreement or the Premises, except to the extent such
representations are expressly set forth in this agreement.
9. Photo Release. I hereby grant permission to Owner to reproduce any portion of any photo or video taken of me and my
likeness, including the sound of my voice, for purposes of promotion or otherwise, in publications, flyers, online, or
otherwise, without any compensation or recognition given to me. I understand that my image may be edited, copied,
exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness
appears. I wave any right to royalties or other compensation arising or related to the use of my image or recording.
10. Governing Law and Venue. This Release and Waiver of Liability agreement will be governed by and interpreted in
accordance with the laws of the State of California, without giving effect to the principles of conflicts of law of such
state. I agree that any action arising out of this Release and Waiver of Liability agreement must be brought exclusively in
any state or federal court located in Los Angeles County, California.
11. Survival. Any provision of this Release and Waiver of Liability agreement providing for performance by either party
after termination of this agreement shall survive such termination and shall continue to be effective and enforceable.
12. Compliance with Laws. In the performance of the terms of this Release and Waiver of Liability agreement and use of
the Premises, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations.
13. Severability. If any provision or portion of this Release and Waiver of Liability agreement shall be held by a court of
competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full
force and effect.
14. Entire Agreement; Modification; Binding Effect. This Agreement is the entire agreement between the parties with
respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether
written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be
valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and
inure to the benefit of the successors, assigns, and legal representatives of the parties.
I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE
PROVISIONS. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND I
EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING
TO BE FULLY BOUND.