PARTICIPANT AGREEMENT, WAIVER OF SKATE THE FOUNDRY LIABILITY, AND ASSUMPTION OF RISK BY YOU THE PARTICIPANT OR THE PARENT OR LEGAL GUARDIAN OF ANY MINOR PARTICIPANT: I hereby authorize the staff at Skate The Foundry to act for me according to their best judgement in any emergency requiring medical attention, and I hereby agree to waive any and all liability, indemnify, discharge and hold harmless Skate The Foundry, their owners, employees, contractors, representatives, interns, agents, staff, volunteers, participants on behalf of myself, my children, my parents, my heirs, assigns, personal representative, or estate and acknowledge the following: Skateboarding, in-line skating, BMX bicycling, scooters, and related activities herein defined as “Action Sports” are inherently dangerous activities. Participation in action sports including mere presence or observing whether or not actually participating carries a serious risk of injury or even death. Skate The Foundry recommends use of helmets, pads and any other safety equipment appropriate for said activities. Failure to use safety equipment may increase my risk of injury. The risks include, but are not limited to: Collisions, my own equipment failure or the failure of others’ equipment; my own or others’ negligence; objects or conditions that may cause me to experience serious injury and even death. I expressly agree and promise to accept and assume all of the risks of this activity. My participation in this activity is purely voluntary, and I elect to participate with full knowledge of the risks and waiver of Skate The Foundry liability for those risks. 1. Any person who participates in or assists in skateboarding, inline skating, or freestyle or BMX bicycling assumes the known and unknown inherent risks in these activities irrespective of age, and is legally responsible for all damages, injury, or death to himself or herself or other persons or property which result from these activities. Any person who observes skateboarding, inline skating, or BMX bicycling assumes the known and unknown inherent risks in these activities irrespective of age, and is legally responsible for all damages, injury, or death to himself or herself which result from these activities. 2. While engaged in skateboarding, inline skating, freestyle or BMX bicycling, irrespective of where such activities occur, a participant is responsible for doing all of the following: (a) Acting within the limits of his or her ability and the purpose and design of the equipment used. (b) Maintaining control of his or her person and the equipment used. 3. Refraining from acting in any manner which may cause or contribute to death or injury to themselves or others. 4. Failure to comply with the requirements of this paragraph shall constitute negligence by you the participant. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Skate The Foundry from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Skate The Foundry equipment or facilities, including any such claims which allege negligent acts or omissions of Skate The Foundry. IN THE EVENT LITIGATION ARISES OUT OF OR RELATING TO SKATE THE FOUNDRY FOUNDR ENFORCEMENT OF THIS WAIVER, OR IF ANY LEGAL ACTION IS INITIATED BY YOU ARISING OUT OF OR RELATED TO THIS WAIVER, YOU AGREE THAT SKATE THE FOUNDRY WILL BE ENTITLED TO RECOVER ITS REASONABLE ATTORNEYS’ FEES, COSTS AND EXPENSES INCURRED IN INVESTIGATING, PREPARING FOR, PROSECUTING, DEFENDING AGAINST OR OTHERWISE LITIGATING ANY SUCH ACTION. Skate The Foundry is not responsible for personal items that are lost, stolen, or damaged. All medical expenses incurred will be the responsibility of the participant(s) or the participants’ family. In lieu of a medical certificate signed by a medical doctor, I have no knowledge of any physical or mental impairment that would be affected by the named participant(s)’ participation in the youth programs and open youth hours as outlined on our website, which I have read.
I also expressly grant to the youth programs and open youth hours and any third party authorized by Skate The Foundry the right to film, videotape, photograph, record the voice of and make any reproduction of the participant(s)’ physical likeness and voice and the irrevocable right in perpetuity to use, display, and digitally enhance or alter in any manner, such likeness in any media now known or hereafter devised, including but not limited to the exhibition and/or online use, broadcast, theatrically, or on television, cable or radio, or any motion picture film, video tape, DVD, CD, or any published articles in which such likeness may be printed, used or incorporated, and in the advertising, exploiting and publicizing of the youth programs and open youth hours, the program products, licensed products, and all affiliated relationships.
I further certify that I am willing to assume the risk of any medical or physical condition I may have. In the event that I file a lawsuit against Skate The Foundry, I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. By checking the box above I am signing this document and I acknowledge that if anyone is hurt or property is damaged upon entering Skate The Foundry or during my participation in this activity, I acknowledge my intention is to have waived my right to maintain a lawsuit against Skate The Foundry. Further, I may in fact owe to Skate The Foundry the reimbursement for Attorney Fees and costs incurred by Skate The Foundry. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
Skate The Foundry (“STF”) has put in place preventative measures to reduce the spread of COVID-19; however, the STF cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending STF could increase your risk and your child(ren)’s risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending STF programs and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at STF may result from the actions, omissions, or negligence of myself and others, including, but not limited to, STF employees, volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at STF or participation in STF programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless STF, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of STF, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any STF program.