¨ Before my participation in Roller Skating, Inline Skating, Learn to Skate, Roller Skating Classes, Birthday Parties, Group Events or other activities in which roller skates or inline skates are worn by me or others (hereinafter “Roller Skating Activities”) at 85 South Frontage Road, Vernon, CT 06066 (the “Premises”), Ron-A-Roll, Inc., d/b/a Ron-A-Roll Skate Center (hereinafter “Ron-A-Roll Skate Center”), is requiring this Waiver And Release to be filled out, signed and returned.
¨ I am 18 years of age or older, and I am the parent or legal guardian of any minor children in my care or charge at the Premises (the “Minor Children”). The names of the Minor Children are listed below.
¨ My ability and the Minor Children’s ability to participate in Roller Skating Activities is valuable and sufficient consideration for this Waiver and Release.
¨ Protective equipment is optional but always encouraged – helmet, knee pads, elbow pads and wrist guards can be worn by the skater if this makes the skater feel more comfortable. Ron-A-Roll Skate Center is under no obligation to and has no responsibility to provide or require the use of protective equipment. Please inquire at the rental counter about the availability of protective equipment.
¨ I agree to abide by the Ron-A-Roll Skate Center rules of conduct and that I will supervise and maintain control of the Minor Children while they are at the Premises and during their participation in Roller Skating Activities.
ROLLER SKATING / INLINE SKATING SPORTS WAIVER AND RELEASE
¨ I acknowledge that Roller Skating Activities are strenuous and fast moving recreational and sports activities. By participating in Roller Skating Activities, I and the Minor Children are personally assuming risk of an accident inherent in these activities. It is the nature of Roller Skating Activities that participants may fall down, run into, collide with or strike other people or run into, collide with or strike objects, such as the floor, walls, barriers or dividers. I and the Minor Children understand the risks and hazards inherent in Roller Skating Activities.
¨ I acknowledge that I, the Minor Children, and others may suffer bodily injuries arising from participating in Roller Skating Activities. These bodily injuries include, but are not limited to, soft tissue injury, bone fractures, concussion, nerve damage and even death. I understand that bodily injury may result in damages such as temporary or permanent disability, economic loss, and medical expenses. I understand that the acts and omissions of myself, the Minor Children, or others, whether intentional, negligent, grossly negligent or reckless, may cause or contribute to bodily injury of myself, Minor Children, or others.
¨ I understand and consent to my and the Minor Children being filmed, photographed, video recorded, or audio recorded while at the Premises (“Recordings”) and that such Recordings may contain my image, likeness and/or voice or that of the Minor Children. I hereby irrevocably waive and release to Ron-A-Roll Skate Center any ownership, copyright, possessory or other interest I or the Minor Children may have in the Recordings. I agree that such Recordings may be copied, edited, revised, retouched or changed and may be used in whole, in part or together with other Recordings non-commercially or commercially in social media, advertising, marketing, television shows or motion pictures by Ron-A-Roll Skate Center or any other party as permitted by Ron-A-Roll Skate Center.
¨ For and on behalf of myself and the Minor Children, I hereby waive any claims for and I release Ron-A-Roll Skate Center and its shareholders, directors, officers, employees, agents, associates, staff and lessors of real property (together the “Releasees”) from any responsibility or liability for any injuries, bodily or otherwise, and any damages, economic or noneconomic, that may arise from any activities at the Premises, including, but not limited to: classes; private or public sessions; private lessons; club activities; practices; birthday parties; private events; inline skating; roller-derby; speed skating; hockey; Roller Skating Activities; or, Recordings. FOR AND ON BEHALF OF MYSELF AND THE MINOR CHILDREN AND TO THE FULLEST EXTENT POSSIBLE, I RELEASE THE RELEASEES FROM LIABILITY FOR THEIR OWN NEGLIGENCE.
¨ Indemnification Agreement. I hereby agree to hold harmless, indemnify and defend the Releasees 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 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 Minor Children’s participation in the Roller Skating Activities or use of the Releasees' property, facilities and services, including, but not limited to, the Premises, regardless of whether the Claims are the result of the negligent acts or omissions of myself, the Minor Children, the Releasees, or third parties, including other participants in the Roller Skating Activities. Such indemnity obligation shall include, but not be limited to, any claim, action or proceeding that alleges that I or the Minor Children negligently or intentionally caused any injury, death, or damage to myself, the Minor Children, other participants in the Roller Skating Activities or other third parties at the Premises.
¨ Governing Law; Venue; Dispute Resolution.
• This agreement shall be governed by and interpreted in accordance with the laws of the State of Connecticut without regard to the conflict of law rules of the State of Connecticut.
• I agree and acknowledge on behalf of myself and the Minor Children 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, or with such other alternative dispute resolution service as the parties may agree to in writing, and that engaging in such mediation is a condition precedent to bringing any claim against the Ron-A-Roll Skate Center 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. Mediation shall be conducted in Hartford, Connecticut or at such other place as the parties may agree in writing.
• If the claim or dispute is not resolved through mediation, I agree and acknowledge on behalf of myself and the Minor Children that any claim or dispute arising from or related to this agreement or the relationship of the parties in any respect thereto, including whether the dispute is subject to arbitration, 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, or with such other alternative dispute resolution service as the parties may agree to in writing. 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 Minor Children 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. Arbitration shall be conducted in Hartford, Connecticut or at such other place as the parties may agree in writing.
• In the event of litigation to enforce mediation, arbitration, an arbitration award, or settlement between the parties to this agreement, I agree on behalf of myself and the Minor Children that sole jurisdiction and venue shall be in the state courts serving the city/town/municipality of Vernon, Connecticut and in the United States District Court for the District of Connecticut sitting in Hartford, Connecticut, and I waive any defense of personal jurisdiction and/or venue that may now or hereafter exist. On behalf of myself and the Minor Children, I waive any right to a trial by jury in such litigation.
¨ Entire Agreement; Severability. I understand that this is the entire agreement between the undersigned and the Ron-A-Roll Skate Center, and that it cannot be modified or changed in any way by the representations or statements of the Ron-A-Roll Skate Center 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 Connecticut and that if any portion thereof is held invalid or unenforceable, it is agreed that the remainder of the agreement will remain in effect and will continue in full legal force and effect.
· 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 any of the Minor Children visit the Premises or Ron-A-Roll Skate Center, whether at the current location or any other location or facility. I agree that Ron-A-Roll Skate Center may ask me to sign a new agreement at any time as a condition for my participation or the participation of the Minor Children in Roller Skating Activities or for our entry to the Premises.
· I have read this Waiver And Release; I represent that I am 18 years of age or older; and I accept the terms hereof. I understand that I may decline to sign and accept this Waiver And Release, but, if I so decline, I may not participate in Roller Skating Activities at 85 South Frontage Road, Vernon, CT 06066. I further understand that, if I do not sign this Waiver and Release, and if I or the Minor Children nonetheless participate in Roller Skating Activities, that participation is an acknowledgement and acceptance of the terms of this Waiver and Release.