Liability Waiver for EH Hockey Logo
  • RELEASE OF LIABILITY ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

    In consideration of the services provided by EH Hockey INC and of the permission granted by EH Hockey Inc to use EH Hockey INC's property, facilities and services and to participate in EH Hockey INC's activities, and other exercise, recreation and amusement activities at EH Hockey INC (the "Activities"), I, on behalf of myself and on behalf of my child or children and any other minors within my care as listed below ("Minors"), agree to the following terms and conditions.I understand that this document affects my legal rights and the legal rights of the Minors, and that by signing below I acknowledge that I have read and understood the disclosure of risks, voluntarily accept those risks, and agree to be bound by all terms and conditions of this agreement. This Agreement is effective on the date signed by the releasing party. General Release and Waiver of Liability. In consideration of the services provided by EH Hockey INC and of the permission granted by them to use the property, facilities, and services and to participate in the activities, I, for myself and on behalf of my spouse, children, wards, heirs, assigns, personal representatives and next of kin (the "Releasing Parties"), voluntarily release and forever discharge and agree not to sue EH Hockey INC or its agents, members, managers, owners, officers, directors, principals, employees, volunteers, participants, insurers, facility operators, lessors, successors, assigns, equipment suppliers or manufacturers, trainers, intellectual property holders, or any other persons or entities acting in any capacity on the EH Hockey INC's behalf (hereinafter collectively referred to as the "Protected Parties") from liability for any claims connected with or arising from my or the Minors' participation in the Activities or use of the EH Hockey's property, facilities and services, including, to the greatest extent allowed by law, any such claims which allege negligent acts or omissions of any of the Protected Parties. I understand that this release of liability will prevent any of the Releasing Parties, including me and the Minors, from bringing any lawsuit or making any claim for personal injury, damages or death connected with participating in the Activities or using the EH Hockey's property, facilities and services.

    Acknowledgement of Risks. I understand that my participation and the participation of the Minors in the Activities and our use of EH Hockey's property, facilities and services involves known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to me, to the Minors, or to third parties. Such risks (the "Risks") include, but are not limited to: - the risks inherent in the Activities, including but not limited to, slipping and falling, collisions with fixed objects and/or other participants, falling off

  • equipment, unexpected failure of equipment, over-exertion, double bouncing, failed attempted jumps and stunts, and sustaining lacerations or contracting any illnesses from contact with equipment and/or flooring surfaces at EH Hockey INC ; - the negligent acts or omissions of the Protected Parties, or their agents or employees; - defects in the EH Hockey INC 's property or facilities; - improper or inadequate instruction or supervision regarding the Activities or use of the EH Hockey INC's property or facilities; - the behavior of other participants in the Activities; - accidents or incidents in the EH Hockey INC facilities; and - first aid, emergency treatment or services rendered or failed to be rendered by the Protected Parties or their agents or employees. Possible injuries include, but are not limited to, bruises, sprains, scrapes, contusions, lacerations, broken bones, eye injuries, torn ligaments, joint injuries, weakening of growth plates, stunted growth following fractures, internal injuries, brain injuries and concussions, permanent disabilities, broken back, broken neck, paralysis, heart attack, and death. I understand and acknowledge that the above lists are not complete or exhaustive, and that other known or unanticipated risks may also result in injury, death, illness or damage to me, to the Minors or to our property. I understand and acknowledge that it is the EH Hockey INC 's policy that its Participants review the EH Hockey INC's safety policy which covers some, but not all, of the Risks related to the EH Hockey INC upon each visit, and I agree that both I and the Minors will adhere to the safety policy. Assumption of Risks. After being fully informed of the above risks, I, on my own behalf and, to the fullest extent allowed by law, on behalf of all Releasing Parties and the Minors, expressly agree and promise to accept and assume all known and all unanticipated risks associated with participation in the Activities and use of the EH Hockey INC's facilities, including the Risks listed above, and I voluntarily elect to participate and to allow the Minors to participate in the Activities and use the EH Hockey INC's property, facilities and services. I agree that there are certain risks inherent in the Activities that cannot be avoided or eliminated, and that by signing this form I am giving up my right and the right of the Minors and other Releasing Parties to recover from the Protected Parties in a lawsuit or other proceeding for any damages, including personal injury or death to me or the Minors, that results from such risks. I understand that I have the right to refuse to sign this form, and EH Hockey INC has the right to refuse to let me or the Minors participate if I do not sign this form. Indemnification Agreement. I hereby agree to hold harmless, indemnify and defend the Protected Parties from and against any and all claims, losses, actions, proceedings, costs, expenses, damages, settlement amounts and liabilities (including claims brought by any of the Releasing Parties, Minors or third parties) and any and all costs and

  • expenses in connection therewith, including attorneys' fees and costs of investigation (collectively the "Claims"), arising out of or connected with my or the Minors' participation in the Activities or use of the EH Hockey INC's facilities, regardless of whether the Claims are the result of the negligent acts or omissions of myself, the Minors, the Protected Parties or third parties, including other participants in the Activities. Such indemnity obligation shall include, but not be limited to, any claim, action or proceeding that alleges that I or the Minors negligently or intentionally caused any injury, death, or damage to other participants in the Activities or other third parties at the EH Hockey INC. Release of Rights to Audio, Video and Photographic Images. I hereby grant the Park on behalf of myself and the Minors the irrevocable right and permission to photograph and/or record me or the Minors in connection with the Activities and the Park and to use the resulting photographic images, audio or video for all purposes, including advertising and promotional purposes, in any manner and in any media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration, and without any reimbursement of any kind due to me or the Minors. On my behalf and on behalf of the Minors, I waive any right to inspect or approve the use of any such photographic image, audio, or video. I agree that EH Hockey will be the exclusive owner of all rights, including but not limited to the copyrights, in and to the photographic images, audio and video and the results and proceeds of my participation hereunder.

    Certifications. In order to assist EH Hockey INC in effectively providing for the safety of me and the Minors, I certify that: - I have no knowledge of any health problems that would cause participation in the Activities to negatively impact my health or the health of the Minors - I and the Minors possess a sufficient level of physical fitness and skill to safely participate in the Activities, and neither I nor the Minors have any pre-existing emotional, mental, physical or medical conditions that might be impacted or worsened by participating in the Activities or use of EH Hockey INC's property, facilities or services, including pregnancy, orthopedic problems, including back problems, heart problems, neurological problems or breathing problems - I will not use or allow the Minors to participate in the Activities or use the EH Hockey INC's property, facilities or services while any of us are under the influence of any drugs, alcohol or medications that may impair our physical activities or judgment - I agree to follow (and cause the Minors to follow) all safety rules of EH Hockey INC and to alert the EH Hockey INC staff to any rules violations or dangerous behavior of other participants - I understand that my failure or refusal to abide by the safety rules of EH

  • Hockey INC or by instructions and directions of EH Hockey INC staff can lead to the immediate revocation of my right to use the EH Hockey INC's property, facilities or services, without any right to refund of any payments made - I will notify EH Hockey INC's staff before I or the Minors participate in Activities if any of us have been diagnosed with behavior disorders or are taking any behavior modification medications that may impair my or the Minors' participation in Activities - I will inform EH Hockey INC's staff immediately if I or the Minors feel any unusual discomfort while participating in the Activities and will immediately stop (or cause the Minors to stop) participation in the Activities - I am aware that EH Hockey INC's staff may need to end my or the Minors' participation in the Activities if my or the Minors' actions present a danger to myself or others - I authorize the EH Hockey INC's staff to administer emergency first aid and CPR to myself and to the Minors when deemed necessary by the EH Hockey INC's staff - I authorize the EH Hockey INC's staff to secure emergency medical care or transportation if deemed necessary by EH Hockey INC's staff, and I agree to assume all costs of emergency medical care or transportation. - I acknowledge that EH Hockey INC encourages each participant to obtain medical clearance prior to participating in the Activities - I have adequate insurance to cover any injury or damage I and the Minors may cause or suffer while participating in the Activities or using the EH Hockey INC's property, facilities or services, or if not, I agree to bear the costs of such injury or damage to myself, the Minors and others. Term of Agreement. I understand that this agreement shall continue in effect and will be in full force and legal effect each and every time I or the Minors visit EH Hockey, whether at the current location or any other location or facility. I agree that the EH Hockey INC may require me to sign a new agreement at any time as a requirement for my participation or the participation of the Minors in the Activities. Attorney's Fees. I promise to indemnify EH Hockey INC for any attorneys' fees and costs incurred by EH Hockey INC to enforce this agreement, including costs associated with any collection efforts. If EH Hockey INC obtains a judgment against me pursuant to this agreement, prejudgment and post-judgment interest shall accrue thereon at the maximum amount allowed by applicable law. Governing Law; Venue; Dispute Resolution. This agreement shall be governed by and interpreted in accordance with the laws of the State of Massachusetts without regard to the conflict of law rules of the State of Massachusetts. I agree and acknowledge on behalf of myself and the Minors that any claim or dispute arising from or related to this agreement

  • or the relationship of the parties in any respect thereto shall first be submitted to mediation through the American Arbitration Association, and that engaging in such mediation is a condition precedent to bringing any claim against EH Hockey INC arising from or related to this agreement. Such mediation may be initiated by either party by submitting a request for mediation in the manner provided by the American Arbitration Association. If the claim or dispute is not resolved through mediation, I agree and acknowledge on behalf of myself and the Minors that any claim or dispute arising from or related to this agreement or the relationship of the parties in any respect thereto shall be submitted to arbitration with the American Arbitration Association pursuant to its Consumer Arbitration Rules or such other arbitration rules that the American Arbitration Association determines are applicable. Information regarding the American Arbitration Association, its services and rules may be found at www.adr.org. I acknowledge and agree on behalf of myself and the Minors that by agreeing to arbitrate any claim or dispute I am giving up the opportunity to have a court, judge or jury decide the claim or dispute and that the rules of procedure and rules of evidence applicable in court may not be applicable in arbitration. Mediation or arbitration shall be conducted in Boston, Massachusetts or at such other place as the parties may agree in writing. In the event of litigation to enforce mediation, arbitration, or settlement between the parties to this agreement, I agree that sole jurisdiction and venue shall be in the state courts located in Plymouth County, Massachusetts and the United States District Court for the District of Massachusetts sitting in Boston, Massachusetts, and I waive any defense of jurisdiction and/or venue that may now or hereafter exist. Entire Agreement; Severability. I understand that this is the entire agreement between the undersigned and the EH Hockey INC, and that it cannot be modified or changed in any way by the representations or statements of the EH Hockey INC or its employees or agents or by the undersigned. This agreement supersedes any and all previous oral or written promises or agreements. I understand and agree that this agreement is intended to be as broad and inclusive as permitted by the laws of the State of Massachusetts and that if any portion thereof is held invalid, it is agreed that the remainder of the agreement will remain in effect and will continue in full legal force and effect.

    Effect of Agreement. I have read the above and fully understand the terms of this agreement and I have either consulted an attorney regarding the agreement or have elected not to do SO. I am aware that by signing this agreement, I am giving up rights that I may have to bring a legal action or assert a claim against the Protected Parties on the basis of their negligent acts or omissions. I

  • understand that by signing this agreement I may be found by a court of law to have forever waived my rights and the rights of the Releasing Parties and the Minors to maintain any action against the Protected Parties on the basis of any claim from which I have released the Protected Parties. I am giving up these important legal rights voluntarily, freely, under no threat of duress, without inducement, promise or guarantee being communicated to me. I have had reasonable and sufficient opportunity to read and understand this entire agreement. I unconditionally agree to the full terms, statements, warranties, notices, representations, waivers, and releases contained in this agreement on behalf of myself, the Releasing Parties and the Minors listed below.

    I certify that: I am of the age of majority; I am the parent, legal guardian or authorized agent of the Minors listed below or I am the authorized agent of the parent or legal guardian of the Minors listed below; and I have authority to sign this agreement on their behalf. I also certify that the information provided below for each Minor participant is true and correct. I acknowledge that the EH Hockey INC staff may require me to present a picture I.D. to verify my identity. The parties hereby agree to waive any legal presumption that this instrument be construed against the drafter.

     

     

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