Informed Consent/General Release

PLEASE READ CAREFULLY AND SIGN BELOW TO INDICATE YOUR AGREEMENT.

I agree that I, solely, am financially responsible for any losses resulting from my and/or my minor child’s actions and will indemnify and hold harmless Cross County Center, Brooks Shopping Centers LLC, each affiliate of the foregoing, and the affiliates, owners, managers, officers, directors, employees and agents of each of the foregoing (collectively, the “Indemnitees”) for any losses, damages or liabilities of every kind and character (whether based on negligence, contract, tort, statute or otherwise) (collectively, “Losses”) incurred by any Indemnitee and directly or indirectly caused by myself or by others during this activity.

This VOLUNTARY WAIVER & RELEASE AGREEMENT ("Agreement") is executed by the undersigned, or if under the age of 18, by their parent or legal guardian (collectively, "Participant"), for the sole benefit of the Organizers (as defined below). In connection with the Participant’s involvement in any contest, promotional activity, or other event relating to ice skating or similar ice-related activities (individually and collectively, the "Event"), the Participant certifies, warrants, represents, agrees, and covenants to BH Skating Parks LLC d/b/a Chill Entertainment, along with any event sponsors, producers, talent, or promoters (individually and collectively, including their affiliates, officers, employees, partners, shareholders, members, board members, sponsors, volunteers, tenants, contractors, agents, successors, and assigns, collectively the "Organizers"), that they are:

(1) FREE OF ANY MENTAL OR PHYSICAL CONDITION, AILMENT OR INJURY (MEDICAL OR OTHERWISE) WHICH WOULD, IN AND OF ITSELF OR IN CONJUNCTION WITH ANY OTHER CIRCUMSTANCE, INCLUDING, BUT NOT LIMITED TO, THOSE ACTIVITIES ASSOCIATED WITH THE EVENT, (i) IMPAIR, PREVENT OR PROHIBIT PARTICIPANT FROM ENGAGING IN SUCH EVENT ACTIVITIES OR (ii) BE AFFECTED, AGGRAVATED OR WORSEN IN ANY WAY AS A RESULT, DIRECTLY OR INDIRECTLY, OF PARTICIPANT’S INVOLVEMENT IN SUCH EVENT;

(2) OF SOUND MIND AND BODY AND NOT UNDER THE INFLUENCE OF ALCOHOL OR ANY ILLICIT OR PRESCRIPTION DRUG OR MEDICATION WHICH MAY IN ANY WAY IMPAIR PARTICIPANT’S ABILITY TO ENTER INTO THIS AGREEMENT, FULLY UNDERSTAND THE RESPECTIVE INTENT AND MEANING OF ALL OF THE TERMS AND PROVISIONS HEREOF AND TO PARTICIPATE IN THE EVENT; AND

(3) ENTERING INTO THIS AGREEMENT VOLUNTARILY, BY PARTICIPANT’S OWN FREE WILL, ACT AND DEED, WITHOUT ANY UNDUE INFLUENCE FROM THE ORGANIZERS OR ANY OTHER THIRD PARTY.

ASSUMPTION OF RISK. PARTICIPANT AGREES THAT HE/SHE DERIVES A MATERIAL BENEFIT FROM THE EVENT AND/OR PARTICIPANT’S INVOLVEMENT THEREIN. BY EXECUTION OF THIS AGREEMENT, PARTICIPANT AGREES AND ACKNOWLEDGES THAT A STRENUOUS ACTIVITY, SUCH AS ICE AND/OR ROLLER SKATING, IS POTENTIALLY HAZARDOUS, AND PARTICIPANT HEREBY ASSUMES ALL RISKS ASSOCIATED WITH PARTICIPATING IN THE EVENT, INCLUDING, WITHOUT LIMITATION, FALLS, CUTS, CONTACT WITH OTHER PARTICIPANTS, THE EFFECTS OF WEATHER AND THE CONDITION OF EVENT OR PLAYING SURFACES, INCLUDING, WITHOUT LIMITATION. FURTHERMORE, PARTICIPANT EXPRESSLY AND UNCONDITIONALLY ASSUMES ALL RISKS AND DANGERS KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, AND RELATING OR INCIDENTAL TO PARTICIPANT’S INVOLVEMENT IN THE EVENT AND ANY ACTIVITY ASSOCIATED THEREWITH. PARTICIPANT HEREBY RELEASES, FOREVER DISCHARGES AND HOLDS HARMLESS THE ORGANIZERS FROM AND AGAINST ANY AND ALL CLAIMS (WHETHER SUCH CLAIM IS BASED ON CONTRACT, NEGLIGENCE, TORT, INCLUDING STRICT LIABILITY, OR OTHER LEGAL THEORY), DAMAGES, LIABILITIES, COSTS AND EXPENSES, WHETHER KNOWN OR UNKNOWN, INCLUDING, BUT NOT LIMITED TO, DEATH, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND OR NATURE, ARISING OUT OF OR RELATING TO PARTICIPANT’S INVOLVEMENT IN THE EVENT AND ALL ACTIVITIES ASSOCIATED THEREWITH.

Participant understands that by signing this Agreement, Participant covenants and agrees that Participant, as well as such Participant’s heirs, executors, administrators, successors and assigns, will never institute any suit or action at law, or otherwise, against any of the Organizers, or in any way aid in the institution or prosecution of any claim, demand, action or cause of action for damages, costs, loss of services, expenses or compensation for or on account of any damage, loss or injury either to Participant’s person or property, or both, which may result from the Participant’s participation in the Event or any other event associated therewith. Participant agrees to indemnify, defend and hold the Organizers harmless from any loss or damages (including attorneys’ fees and costs) sustained by the Organizers as a result of Participant’s rescission of this Agreement or breach of its covenants or agreements contained in this Agreement. Participant agrees that during the Event, the Organizers are authorized to secure appropriate medical attention for Participant in the event of an accident, illness or injury. Participant shall be responsible for any and all costs of medical coverage and treatment provided not covered by insurance.

IMAGE RELEASE. Participant further agrees that the Organizers shall have the right to photograph, film, record, broadcast, exhibit, distribute and otherwise exploit in any and all media throughout the world Participant’s activity/performance in the Event and to use Participant’s name, likeness, voice and biographical information in connection therewith without any compensation being paid to Participant. Participant acknowledges that he/she has no expectation of privacy in connection with Participant’s attendance at, or participation in, the Event. Participant covenants not to sue any of the Organizers for any use of Participant’s name, voice or likeness as provided herein.

GOVERNING LAW. The validity, interpretation, construction and enforcement of this Agreement shall be governed and controlled by the laws of the State of New York, without regard to its rules with respect to choice of law. If any provision of this Agreement shall for any reason be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such provision were omitted.

THE WAIVER AND RELEASE GRANTED BY PARTICIPANT HEREUNDER IS LEGALLY BINDING AND SHALL BE CONSIDERED IRREVOCABLE. PARTICIPANT AGREES THAT THE ORGANIZERS MAY RELY UPON THIS AGREEMENT TO THE FULLEST EXTENT PERMISSIBLE AT LAW OR IN EQUITY.

PARTICIPANT CERTIFIES THAT ALL INFORMATION PROVIDED ON ALL FORMS PROVIDED TO THE ORGANIZERS IN CONNECTION WITH OR RELATING TO THE EVENT IS TRUE, ACCURATE AND COMPLETE IN ALL RESPECTS.