SKATE PARK LIABILITY WAIVER AND RELEASE OF LIABILITY

WARNING: SKATEBOARDING IS A DANGEROUS ACTIVITY. BY ENGAGING IN THIS ACTIVITY, THE PARTICIPANT ASSUMES THE RISK OF SERIOUS INJURY OR DEATH.

THIS IS A RELEASE OF LIABLILITY – YOU MUST READ AND FULLY UNDERSTAND THIS BEFORE SIGNING. IF YOU ARE UNDER 18, YOUR PARENT OR LEGAL GUARDIAN MUST SIGN THIS WAIVER.

I, THE NAMED PARTICIPANT, for myself and on behalf of my/our heirs, assigns, personal representatives and next of kin, hereby acknowledge that I voluntarily have applied to participate and use the Primitive Corporation skate facility located at 8445 Canoga Ave., Canoga Park, CA 91304 (“Skate Park” I understand that the act of skating necessarily involves known and unknown risks of injury to me and other people, which includes but is not limited to death, permanent or temporary paralysis, broken bones, ligament damage, head injuries, disability, illness or disease, physical or mental damage, or other injury, as well as damage to my equipment and personal property. Some of these risks include the risks inherent in skating such as falling and coming into contact with ramps and walls, latent or apparent defects or conditions in equipment or property, and passive or active negligent acts of myself, Primitive Corporation and property owners. I understand that the above list of risks is not complete or exhaustive and that those and other risks known or unknown, anticipated or unanticipated may also result in injury, death, illness, disease to myself or my property or other third parties. I voluntarily agree and promise to accept and assume responsibilities, and injuries, death, illness, disease or damage to myself or my property arising from my participation in this activity. I further understand that the Primitive Company and/or the property owner assumes no liability for loss, damage, or any kind of injury sustained by myself or my property while using the Skate Park. I therefore assume all risks associated with using the Skate Park, even if they arise from the negligence of the Primitive Company and/or the property owners. My participation in this activity is voluntary and no one is forcing me to participate in spite of the risks. I understand the effect of this waiver and acceptance of risk on my legal rights.

By signing this release of liability and using the Skate Park, I hereby fully and forever release and discharge indemnify and hold harmless the Primitive Company and its officers, directors, shareholders, employees and agents from any and all liabilities, claims, demands, damages, rights of action, suits or causes of action present of future, whether they are known or unknown, anticipated or unanticipated, resulting from or arising out of my use or intended use of said skateboard park premises, facilities or equipment. I fully and forever release and discharge the Primitive Company and its officers, directors, shareholders, employees and agents from any and all negligent acts and omissions in the same, and intend to be legally bound by this release.

FOR PARTICIPANTS UNDER 18 YEARS OF AGE

This is to certify that I, as a parent or guardian with legal responsibility for the above named participant, do consent and ratify his/her release of the Primitive Company and its officers, directors, shareholders, employees and agents, and, for myself, my heirs, assigned, personal representatives and next of kin, I release and agree to indemnify the Primitive Company and its officers, directors, shareholders, employees and agents from any and all liabilities incident to the minor child’s involvement or participation in the Skate Park as provided above, even if arising from the negligence of the Primitive Company and its officers, directors, shareholders, employees and agents, to the fullest extent permitted by law. I have carefully read this release of liability and understand and fully agree with its contents.