Lakeside Acknowledgment of Risk

Agreement and Acknowledgement of Risk
THIS IS AN IMPORTANT AGREEMENT THAT AFFECTS LEGAL RIGHTS. WE REQUIRE YOU TO READ IT IN ITS ENTIRETY BEFORE SIGNING BELOW. This Participant/Guest/Visitor/Observer Agreement must be signed by adults (16+) in order to engage in or observe the skating activities (“Activity”) offered by LeFrak Center at Lakeside. If the participant/guest/visitor/observer is a minor, at least one parent or legal guardian (parent, authorized adult, and guardian being referred to in this document as “Parent”) must sign, as evidence of their agreement to these terms and conditions, for themselves and on behalf of the minor participant. ANYONE WHO ENTERS THE LEFRAK CENTER AT LAKESIDE WITHOUT FIRST SIGNING THIS RELEASE AND WAIVER IS A TRESSPASSER. In consideration of receiving permission from LeFrak Center at Lakeside (Brooklyn), Ekstein Development LLC, City of New York, or any of their agents, servants, designees, assigns, employees, successors, departments, subsidiaries, parents, and/or their heirs (hereinafter referred to as "RELEASEES"), to ice skate, play hockey, figure skate, take lessons, participate or be a spectator at the premise under the control of any of the above mentioned entities, their affiliates, agents designees, assigns, employees, successors, and/or heirs, I,  LeFrak Center at Lakeside   (legal guardian name) on behalf of myself and on behalf of the minor participant/guest/visitor/observer:  LeFrak Center at Lakeside   (participant/guest/visitor/observer name) the undersigned, acknowledge, appreciate, and agree that:(1) TO ASSUME ALL RISK AND RESPONSIBILITY for any injuries or other damage I may sustain and any damages I may cause to LeFrak Center at Lakeside (Brooklyn), Ekstein Development LLC, City of New York, their employees, departments, subsidiaries, parents, agents, designees, assigns, successors, and/or heirs, guests, invitees or lessees or any other person in connection with my reason for being on the premise under control of THE RELEASEES (including anything in connection with equipment rented from the above mentioned entities or their affiliates). The risk of injury from the activities involved in this program is significant and entails known and unanticipated risks, including the potential for physical and/or emotional injury, permanent paralysis and death, and or damage to myself, to property, and/or to third parties. Injuries may include breaks, sprains, bruises, and other contusions and in extreme cases emotional upset, anxiety and even death. The description of risks above is not complete and other unknown or unanticipated risks, inherent and otherwise, may be encountered. While particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; and, I UNDERSTAND THAT SUCH RISKS SIMPLY CANNOT BE ELIMINATED WITHOUT JEOPARDIZING THE ESSENTIAL QUALITIES OF THE ACTIVITY. If I am an adult Participant, I hereby acknowledge and assume all of the risks described above and their inherency, and that other risks, inherent and otherwise, may be encountered. I EXPRESSLY ASSUME ALL THE RISKS of Participant in the activities and moving about the premises of the Activity, inherent or not, and whether or not described above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation. If I am an adult Guest/Visitor/Observer, I willingly agree to comply with the stated and customary terms and conditions for Observation of the activity I am attending. If, however, I note any unusually significant hazard during my presence, I will remove myself from said observation and bring such to the attention of the nearest official immediately. (2) TO FOLLOW ALL LEFRAK CENTER AT LAKESIDE/CDC/NYS AND NYC CITY HEALTH DEPARTMENT COVID-19 GUIDELINES. Furthermore, the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and spreads from person-to-person and person-to-object contact. These activities are of such value to me and/or my child(ren) that I accept the risk of potentially being exposed to, contracting, and/or spreading COVID-19 in order to participate in the Activity. LeFrak Center at Lakeside has put in place preventative measures to reduce the spread of communicable diseases; however, we cannot guarantee that you or your child(ren) will not become infected while attending our facilities. While we’ve implemented reasonable preventive measures, we depend on each and every visitor and their families to follow the guidelines from the Center of Disease Control, and all applicable federal, state, and local health department guidelines, rules, laws, and regulations before and while visiting our premises. We are all in this together and rely on each other to adhere to the above-mentioned guidance and legal restrictions. The undersigned fully understands and acknowledges both the known and potential dangers of utilizing our facilities, services, and programs and acknowledge that use thereof by the undersigned and/or such participating children may, despite our reasonable best efforts to mitigate such dangers, result in exposure to communicable diseases, which could result in quarantine requirements, serious illness, disability, and/or death. If I am the Parent of a minor participant/guest/visitor/observer, I have discussed the activities and risks with the minor child who understands and accepts them. (3) TO THE FULLEST EXTENT PERMITTED BY LAW, TO RELEASE THE RELEASEES, from ALL CLAIMS OF LIABILITY for any injuries (including death or dismemberment) which I may sustain or any damage that may be caused to me or my property in connection with my activities at the LeFrak Center at Lakeside including, without limitation, injuries that may be caused from any equipment rented from the above mentioned entities or their affiliates. If I am an adult Participant/Guest/Visitor/Observer or Parent (for myself and, to the maximum extent allowed by law, on behalf of the minor participant, my heirs, assigns, personal representatives and next of kin,) HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS LeFrak Center at Lakeside, their officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the event (“Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, suffered by me or by the child, if applicable, arising in whole or part from my (or the child’s) visit to the premises of the Activity or Participation in any other offered activity, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. These agreements of release and indemnity include loss or damages caused or claimed to be caused in whole or in party by the negligence of a Released Party, but not intentional wrongs or the gross negligence of a Released Party. In the event that any damage to equipment or facilities occurs as a result of my or the minor Participant/Guest/Visitor/Observer’s willful actions, neglect, or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. (4) TO NOT SUE OR BRING LEGAL ACTION AGAINST the above named RELEASEES, their affiliates or their respective administrators, employees, or instructors and owners or lessors of the property. I agree for myself and on behalf of the minor Participant/Guest/Visitor/Observer NOT TO SUE and to INDEMNIFY, DEFEND, AND HOLD HARMLESS, LEFRAK CENTER AT LAKESIDE, its managers, members, owners, agents, directors, attorneys, staff, volunteers, successors, affiliates, heirs, investors, partners, as well as Ekstein Development LLC, in law and in equity against any and all claims, suits or actions of any kind, whatsoever, for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees, costs of defense, and any related costs , if litigation or the threat of litigation arises pursuant to any claims made by me or by anyone else acting on my behalf or on behalf of the minor Participant. If I make any such claim or any such claim is made by someone on my behalf or on behalf of the minor Participant/Guest/Visitor/Observer or as a consequence of the minor participant’s participation in activities on the LEFRAK CENTER AT LAKESIDE, I agree for myself and on behalf of the minor Participant/Guest/Visitor/Observer to reimburse all such costs and liability to the person or entity who incurs such costs or liability from such suits, claims, demands or actions of any kind. (5) That the undersigned individual is in adequate physical condition to participate in events at the LeFrak Center at Lakeside (Brooklyn). Your understanding of our Safety Guidelines (“Guidelines”) helps us keep you safe. Please read the following so that you may know what we expect of you. Use, access and/or participation in or on LeFrak Center at Lakeside owned equipment will hereby be referred to, individually and collectively, as the “Activity.” This Participation/Guest/Visitor/Observer Release document signed, is required of all adult participants seeking access to the Activity and those minor Participants/Guests/Visitors/Observers that are unaccompanied by an adult (18+) and so permitted with a properly signed and completed Release. Completion of such form is proof of your understanding of the following policies. There is no quantifiable level of fitness required to participate in the Activity. Participants should be of reasonable health and possess no medical conditions that could pose harm to themselves or others in undertaking light to moderate to strenuous levels of exercise. The Activity requires varying levels of strength, stamina, and agility. If you are unsure about your ability to participate, please consult your doctor prior to your visit. The staff is not responsible for determining an appropriate level of physical fitness; however, the Staff reserves the right to refuse admittance to persons who appear intoxicated or otherwise impaired or unfit for participation. If you are pregnant, we strongly suggest that you carefully consider whether or not to participate in the Activity. The level of exertion required to participate poses a serious risk of injury to mother and child. All participants shall be dressed appropriately, including wearing no loose jewelry and tying up long hair as they otherwise pose a safety risk. LeFrak Center at Lakeside is not responsible for loss or damage caused to personal effects. All participants/guests/visitors/observers must act considerately and responsibly when interacting with Staff and fellow participants/guests/visitors/observers. Failure to do so is grounds for removal from the Activity. No refunds will be issued. I willingly agree to comply with the stated and customary terms and conditions for participants/guests/visitors/observers in the skating program. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation/guest/visit/observation and bring such to the attention of the nearest employee immediately. (6) I authorize the RELEASEES, to use photographs, videotape, or any other record of the events which may depict me at their discretion, without compensation paid to me. (7) I acknowledge that the rules and regulations of LeFrak Center at Lakeside, as well as the duties and responsibilities of skaters/visitors/guests/observers as set forth under the laws of the State of New York are posted throughout the premise and which State Law as pertaining to the Responsibilities of skaters are as follows: EACH ICE SKATER SHALL: (a) maintain reasonable control of his speed and course at all times; (b) heed all posted signs and warnings; (c) maintain a proper look out to avoid other skaters and objects; (d) accept the responsibility for knowing the range of their own ability to negotiate the intended direction of travel while on ice skates and to skate within the limits of that ability; (e) refrain from acting in a manner which may cause or contribute to the injury or himself or any other person; and (f) abide by the LeFrak Center at Lakeside (Brooklyn) Rules. In addition, I agree to obey said rules and regulations and all State Laws. I fully understand that ice skating is a very dangerous sport and recreational activity. I acknowledge and fully understand that each skater and participant will be engaging in activities that involve the risk of serious injuries (including temporary or permanent); death and social and economic losses which might result from the RELEASEES actions, inactions or negligence, but also actions, inactions or negligence of others, the conditions of the premises or any equipment use and/or rental. Further there may be other risks not known to the RELEASEES and myself not reasonably foreseeable at this time that shall likewise be included in this release. (8) I understand that if I feel there is insufficient supervision or that the RELEASEES are not complying with its duties and responsibilities posted, I shall cease my activity and advise the RELEASEES of the condition. (8) Should any provision of this Release be held invalid or unenforceable by any court of competent jurisdiction, all other provisions shall continue in full force effect. It is further acknowledged and agreed that this agreement shall be construed consistent with its intent, which is to the limit liability of the owners/operators. (10) LIMITATION: No action shall be commenced or maintained against LeFrak Center at Lakeside (Brooklyn), Ekstein Development LLC, City of New York, or any of their agents, servants, designees, employees, successors, heirs, affiliates, partners, subsidiaries, members, or parent entities upon any claim based upon, or arising out of, your visit to LeFrak Center at Lakeside (Brooklyn), use of its facilities, or use of any equipment rented by you, unless such action is commenced within one year after the claim arose. This provision shall also apply to claims arising out of this agreement, bodily injury (including death and dismemberment) sustained during your visit to LeFrak Center at Lakeside (Brooklyn), and property damage sustained during your visit to LeFrak Center at Lakeside (Brooklyn). This provision shall apply to the current visit and all future visits. (11) VENUE: I acknowledge and agree that notwithstanding the foregoing, should I bring a lawsuit against RELEASEES, I agree that the venue for any such matter shall be in the Supreme Court of the State of New York, County of New York, which is the County where the RELEASEES maintain their primary place of business. (12) I acknowledge that there have been no representations made to me by the RELEASEES and I AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO HOLD THE RELEASEES HARMLESS for any injury or loss that I may cause to any other individual or the premise while on the premise. I FURTHER AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO INDEMNIFY the above set forth RELEASEES in the event of any such injury or loss for which they may be held responsible. (13) This release shall be in full force and effect notwithstanding the fact that I may be utilizing or otherwise renting equipment or other products owned or otherwise controlled by the RELEASEES. (14) CURRENT AND FUTURE VISITS: This waiver and release shall apply to the current visit and all future visits. (15) I understand there are no credits or refunds for any reason and admission and/or skate rental or other equipment rental, and lessons are non-transferable. (16) I am at least sixteen (18) years of age or I am the parent/guardian of the individual named below, and have the legal capacity. RELEASE OF LIABILITY By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation/ guests/visitors/observers in this Activity, I may be found by a court of law to have waived my right to maintain a lawsuit against LeFrak Center at Lakeside on the basis of any claim from which I have released them herein. I also understand and agree that I will not participate/guest/visit/observe in the Activity if I am under the influence of alcohol or drugs. I have had sufficient opportunity to read this entire document.
I HAVE READ THE ABOVE WAIVER AND RELEASE. I FULLY UNDERSTAND IT AND ENTER INTO IT FREELY AND VOLUNTARILY.*

I agree

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I,Parent/Guardian/Adult Skater* the undersigned individual, being of at least 18 years of age and having the authority, as the parent or guardian of the child/children above, enter into this waiver and release.
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I'm certifying that all information is correct and I'm the person completing this waiver.
I acknowledge and agree to the terms and conditions of this waiver and release, particularly paragraphs 6 through 9. I hereby certify that I have read this entire Waiver and Release and that the foregoing information contained herein is true and accurate.
I acknowledge and agree to the terms and conditions of this waiver and release, particularly paragraphs 6 through 9. I hereby certify that I have read this entire Waiver and Release and that the foregoing information contained herein is true and accurate.
BY ACKNOWLEDGING AND SIGNING BELOW, I AM DELIVERING AN ELECTRONIC SIGNATURE THAT WILL HAVE THE SAME EFFECT AS AN ORIGINAL MANUAL PAPER SIGNATURE. THE ELECTRONIC SIGNATURE WILL BE EQUALLY AS BINDING AS AN ORIGINAL MANUAL PAPER SIGNATURE.
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Agreement and Acknowledgement of Risk