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  • Release of Liability Waiver

    **Signature Required Prior to Participation**
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  • By signing below, I agree to each statement above and release California Skate Grand Terrace, and any and all employees, from any and all liability for the unintentional exposure or harm due to COVID-19.

  • 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. 

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