In consideration of the services provided by United Skates of America, Inc. (“USA”) and of the permission granted by USA to use today and on all future dates the property, facilities, and services (the “Facilities”) of USA, I, the undersigned, on behalf of myself and on behalf of my child or children and on behalf of any other minors within my care (the “Minors”), hereby expressly agree:
1) Roller skating is a participation sport, and I am fully aware of the risks and hazards involved in or arising from my and the Minors’ use or presence upon the Facilities. I HEREBY ASSUME ANY AND ALL RISK INVOLVED IN OR ARISING FROM MY AND THE MINORS’ USE OF OR PRESENCE UPON THE FACILITIES, including, “by way of example,” and without limitation, the risks of bodily injury and even death resulting from any and all use or wearing of roller skates while walking or skating on any surface, including, but not limited to, the risk of falls or injury due to any known or unknown defects on the skating surface flooring, any known or unknown defects of roller skates, equipment failure, collisions with fixed objects and/or skaters, or any known or unknown physical ailment, condition or impairment.
2) An inherent risk of exposure to COVID-19 and its variants (collectively, “COVID-19”) exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. By visiting USA, you voluntarily assume all risks related to exposure to COVID-19.
3) TO RELEASE AND FOREVER DISCHARGE USA and all its successors, assigns, affiliates, officers, directors, employees and agents (the “Releasees”) from all liability for any claims, causes of action, injuries, damages, cost or expenses in connection with or arising out of my or the Minors’ use of or presence upon the Facilities, and/or use of USA roller skates or equipment, including but not limited to claims for bodily injury, whether or not caused by the negligence or other fault of USA, or USA roller skates or any other equipment supplied by USA (collectively, “Claims”), and NOT TO SUE OR OTHERWISE SEEK RECOVERY FROM ANY OF THE RELEASEES FOR ANY SUCH CLAIMS.
4) THIS RELEASE shall be binding upon my heirs, administrators, executors, assigns and legal representative.
5) TO WAIVE the protection afforded by any statute or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing the release;
6) I understand the rink does not provide instructions to skaters unless I specifically signed up for classes. The rink has free wrist guards available for use by every patron. I further understand that the rink has no obligation to provide safety equipment wrist/ elbow/knee guards or helmets.
7) IF I IGNORE THIS AGREEMENT AND FILE SUIT, I WILL BE HELD RESPONSIBLE FOR ALL ATTORNEY FEES AND COURT COSTS INCURRED BY USA.
8) I HAVE READ AND UNDERSTAND THIS AGREEMENT. I UNDERSTAND THAT BY MAKING AND SIGNING THIS AGREEMENT I SURRENDER VALUABLE RIGHTS, INCLUDING, BUT NOT LIMITED TO, MY RIGHT TO SUE.
9) I HAVE READ AND UNDERSTAND THE “RULES OF THE FACILITY” SET FORTH BELOW, AND AGREE THAT I AND THE MINORS UNDER MY CARE WILL ABIDE BY THOSE RULES.
In the event that one portion of this agreement shall be deemed unenforceable, then said provision shall be severed from the remaining provisions of the agreement & those remaining provisions shall be enforced.