Ice Skating Liability Release Form 2024

Releasor irrevocably undertakes and agrees, for itself and its personal representatives, executors, liquidators, administrators, heirs, next of kin, successors, agents and assigns, and anyone else who might claim on Releasor’s behalf (collectively with the Releasor, the “Releasor Parties”), to release, waive, hold harmless and discharge TCFM and all of their respective parents, subsidiaries, affiliates and related persons or entities (including, but not limited to, Generations Christian Church, The Commons at Trinity.) (collectively, “TCMF”), and all their employees, volunteers, independent contractors, officers, directors, and members, (collectively, “Releasees”), from and against any and all liabilities, losses (economic and non-economic), damages, liens, actions, obligations, judgments, orders, costs, expenses (including, but not limited to, attorneys’ fees and expenses), causes of action, suits and claims of any nature whatsoever in law, equity or otherwise, whether known or unknown (collectively, the “Liabilities”) which any Releasor Party had, now has, or hereafter may have, including any Liabilities which any minor Releasor or Releasor Party has or hereafter may acquire, either before or after it has reached its majority, by reason of any matter directly or indirectly arising out of or connected in any way with the Event, including, without limitation, those arising from, whether directly or indirectly, based upon, or relating to exposure to infectious or communicable diseases (including without limitation, COVID-19 (“COVID-19”) or other medical conditions, diseases, germs, bacteria, viruses, infections, or maladies, and/or any mutation or variation thereof, whether now known or later discovered) (collectively, “Diseases”), contracting Diseases, bodily injury or death to, or damage to or loss of property of Releasor, sustained in connection with Releasor’s participation (as a player, entertainer, spectator, participant or otherwise) in Event, includingg, but not limited to, participation in any ‘street hockey’ event (including any event played on the plaza of the Facility wherein the ground may not be even or smooth), interaction with any Releasee employee, volunteer, licensee, or invitee,, interaction with any Event participants, walking in and around the Facility concourses and common areas, or travel to or from any Event and the grant of rights hereunder (including arising out of or in connection with the Materials, as defined below). Such release, waiver, hold harmless and discharge shall include, but not be limited to, any and all such Liabilities caused in whole or in part by the fault or negligence of, or breach of contract or any duty of care by, any Releasee in connection with such Releasee’s involvement with any Event. Without limiting the foregoing, Releasor, on behalf of itself and the Releasor Parties, COVENANTS AND AGREES TO WAIVE ANY CLAIM AND NOT TO INSTITUTE LEGAL PROCEEDINGS AGAINST ANY RELEASEES FOR ANY OF THE LIABILITIES THAT HAVE BEEN RELEASED AND DISCHARGED HEREIN.

Releasor acknowledges and declares that it has been made aware of and understands the inherent risks (both known and unknown) and dangers (direct or indirect) associated with the Event(s), including without limitation the sport of hockey, off-ice activities and attendance at sporting events, and the potential for injury and/or damages that exists when participating in such Event(s) (whether as a player, entertainer, spectator, participant, or otherwise). Releasor agrees to assume all risk of and responsibility for exposure to Diseases, contracting Diseases, personal injury or death to, or damage to or loss of property of Releasor arising from, based upon or relating to Releasor’s participation (as a player, entertainer, spectator, participant or otherwise) in connection with any Event or caused, in whole or in part, by Releasor’s fault or negligence. Such assumption of risk includes but is not limited to any damage to or loss of property, arising from, based upon or relating to the lack of skill of any participant in any Event, or caused in whole or in part by the negligence of any Releasee. Releasor understands and has been made aware that, in the event of any injury to Releasor, none of Releasees will be responsible for any decisions relating to medical care, decisions or treatment for Releasor or for such treatment itself including, without limitations, any costs and/or expenses incurred in connection therewith. Releasor acknowledges and understands the hazards of COVID-19 and that the circumstances regarding COVID-19 are changing from day to day and Releasor accepts full responsibility for familiarizing itself with the most recent updates from the United States Centers for Disease Control and other public health authorities, including state health departments. Releasor understands that by participating in the Event and/or being on the premises of the Facility, it may be exposed to and/or infected by COVID-19 or any other Diseases, and that such exposure or infection may result in personal injury, illness, permanent disability, or death.

Releasor acknowledges that Releasor’s participation in any Event(s) is conditioned on Releasor’s consent to the terms of this Release. Releasor represents and warrants that it has had full opportunity to ask any questions regarding the Event(s) that it may have and that it has read, understood, and declared itself satisfied with the contents of this Release and that it has been given an opportunity to review this Release with anyone it chooses, including a lawyer, and has done so to the extent it wishes to do so. Releasor further represents and warrants that Releasor is in good physical condition, is physically fit to participate in the Event(s) and is not subject to any medical condition that poses or may pose any risk of harm or disability to Releasor or to others. Releasor further represents and warrants that it is of sound mind and body and not under the influence of alcohol or any other drug or medication which may in any way impair Releasor’s ability to enter into this Release, fully understands the intent and meaning of all the terms and provisions of this Release, and will participate safely in the Event(s). Releasor acknowledges and agrees that his/her participation in the Event(s) is voluntary and solely for his/her benefit and entertainment. Releasor understands that it can withdraw from the Event(s) at any time. Releasor acknowledges and agrees that it will not be compensated by any of the Releasees for participating in any of the Event(s).

Releasor grants to Releasees and each of their designees the unrestricted, royalty-free, irrevocable, perpetual, non-exclusive, fully paid-up right and license to (a) take photographs, make audiovisual recordings, and otherwise use the name, image and/or likeness of Releasor in connection with his/her participation at or in any Event(s) (the “Materials”) and (b) reproduce, copy, publish, display, distribute, perform, translate, adapt, publicly present, communicate to the public by telecommunications, copyright, exhibit, license, modify, edit, create digitized images of, juxtapose, synchronize, broadcast, reuse, create derivative works from and otherwise exploit or use and permit to be used such Materials or any part thereof, whether alone or in combination with other materials, in each case without notice or right of prior review or approval, in any and all markets in any and all media now known or hereafter devised in perpetuity throughout the universe. In connection with the foregoing, Releasor irrevocably consents and authorizes Releasees to use, and authorize the use of, the name, city of residence, image/likeness, photograph (still and moving), picture, voice recording, performance, and/or any other identification of Releasor for any and all purposes, including, without limitation, advertising, publicity, instructional, sales relating thereto or any other purposes in connection with the Event(s) or Releasees and their goods, services or other businesses, in any and all media now known or hereafter devised in perpetuity throughout the universe, without compensation, notice or right of prior review or approval (to the extent permitted by law). Releasor agrees, for itself and the Releasor Parties, to release and discharge each Releasee from, to waive in respect of each Releasee, and not to institute legal proceedings against any Releasee for, any and all Liabilities arising from, based upon or relating to any claim for invasion of privacy, violation of right of publicity, defamation or appropriation, or any similar claim any Releasor Parties may have now or in the future, whether known or unknown, in connection with any such use. Releasor, on behalf of all Releasor Parties, waives and releases, on behalf of itself and the Releasor Parties, any and all claims that it or any Releasor Party may have or hereafter have against the Releasees under any other statutes or common law principles of similar effect. Releasor undertakes and agrees on behalf of itself and the Releasor Parties, not to withdraw consent to the collection, use and disclosure of Materials.

Releasor agrees to submit any dispute arising from such participation to binding arbitration pursuant to American Arbitration Association (“AAA”) rules. Each party shall pay its own costs. The arbitration proceeding shall proceed exclusively in Pasco County, Florida.

The invalidity of any provision of this Release shall not affect the enforceability or effectiveness of any other provision. If any provision of this Release shall be held void, invalid, or inoperative, such event shall not affect any other provisions herein which shall continue and remain in full force and effect.

I HAVE READ THIS RELEASE AND FULLY UNDERSTAND ITS TERMS AND THEIR SIGNIFICANCE. I AM AWARE THAT THIS RELEASE INCLUDES A RELEASE AND WAIVER OF LIABILITY AND AN ASSUMPTION OF RISK. I UNDERSTAND I HAVE GIVEN UP RIGHTS THAT MAY OTHERWISE BE AVAILABLE BY SIGNING THIS RELEASE. I HAVE SIGNED THIS RELEASE FREELY AND VOLUNTARILY WITHOUT ANY COERCION, INDUCEMENT, OR GUARANTEE. I HAVE HAD SUFFICIENT TIME AND OPPORTUNITY TO REVIEW AND DISCUSS THIS RELEASE WITH AN ATTORNEY OF MY CHOICE AND I HAVE HAD ANY QUESTIONS ABOUT THIS RELEASE ANSWERED TO MY SATISFACTION.

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF RELEASEES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM RELEASEES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND RELEASEES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.