WAIVER AND RELEASE TO ICE SKATE
In consideration of receiving permission from World Ice Arena (Flushing Meadows Corona Park), RD Management LLC, Eckstein 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 HEREBY EXPRESSLY AGREE:
(1) TO ASSUME ALL RISK AND RESPONSIBILITY for any injuries or other damage I may sustain and any damages I may cause to World Ice Arena (Flushing Meadows Corona Park), RD Management LLC, Eckstein 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).
(2) 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 World Ice Arena including, without limitation, injuries that may be caused from any equipment rented from the above-mentioned entities or their affiliates.
(3) I WILL 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.
(4) That the undersigned individual is in adequate physical condition to participate in events at the World Ice Arena (Flushing Meadows Corona Park).
(5) 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.
(6) I acknowledge that the rules and regulations of World Ice Arena, as well as the duties and responsibilities of skaters 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 lookout 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 World Ice Arena (Flushing Meadows Corona Park) 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.
(7) 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.
(9) LIMITATION: No action shall be commenced or maintained against World Ice Arena (Flushing Meadows Corona Park), RD Management LLC, Eckstein 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 World Ice Arena (Flushing Meadows Corona Park), 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 World Ice Arena (Flushing Meadows Corona Park), and property damage sustained during your visit to World Ice Arena (Flushing Meadows Corona Park). This provision shall apply to the current visit and all future visits.
(10) 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.
(11) 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.
(12) 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.
(13) CURRENT AND FUTURE VISITS: This waiver and release shall apply to the current visit and all future visits.
(14) 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.
(15) I am at least sixteen (16) years of age or I am the parent/guardian of the individual named below, and have the legal capacity to enter into this waiver and release.