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). By signing below, I, the undersigned participant (or my parent/guardian if under 18), voluntarily release BH Skating Parks LLC d/b/a Chill Entertainment and its affiliates from any liability for injury, loss, or damages arising from my participation in the event at [Event Location]. I certify that I am in good health, not under the influence of any substances that may impair my ability to participate, and that all information provided is accurate. I authorize Chill Entertainment to seek medical assistance on my behalf and understand that I am responsible for any medical costs incurred. This Agreement is governed by the laws of Arizona, and if any part is deemed invalid or unenforceable, the remaining provisions shall remain in effect.
In exchange for me or my child being allowed to participate in the Downtown Christmas ice-skating event on December 7, 2004 (“Activity”), I, for myself, my child, my heirs, assigns, and the next of kin agreed to waive, and forever discharge any, and all claims, rights and causes of action against the city Yuma (“City”) It’s administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors and advertisers (considered one of the “Releases” ) for injury or damage caused or alleged to be caused in hole or part by the negligence of a Releasee. I understand that this means that I will not make any claims against or sue a release for injuries sustained by me or my child during the Activity. I further agreed that if, despite this release and waiver liability, or anyone on my behalf, makes a claim against any of the Releases, I will indemnify, save, and hold harmless each of the Releasees sees from any litigation expenses, attorney fees, loss, liability, damage, or cost which may occur as the result of such claim.
I understand that the types of injuries that may occur during the Activity range from minor injuries and fractures to paralysis, brain damage, and even death.
I expressly agree that this waiver and release of claims is intended to be as broad and inclusive as permitted by the law of Arizona. If any portion of this waiver is held invalid, I agree that the remainder shall continue in full force and effect.
Also, in addition to the above waiver and release, I understand and voluntarily assume all risks associated with my child or my own participation in this activity. I (or my child) and physically capable of participating in this activity. I (or my child) have the necessary degree of skill, training, expertise, or ability to participate at the level I choose. I do not accept the City to coach, manage, instruct or train me. (or my child).
I understand that the city does not carry insurance to cover participants, and that there would be an increase in the activity fee if the city were to provide insurance.
I do hereby grant the Releasees the right to use my child’s photograph or image with or without my child’s name, both singly and in conjunction with other participants. I hear by waive my right to inspect or approve any photograph and permission to use the photographs for any legal use without any exception or any compensation.
I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and have signed it freely, and without any inducement or concerns of any nature and intend it to be a complete and unconditional release of all liability.