In consideration of permission to use today and on all future dates, the property, facility and services (Facilities) of Wheels Durham (WD), I, the undersigned (Skater or spectator), hereby expressly agree:
1. THAT roller skating is a participation sport and I am fully aware of the risks and hazards involved in or arising from my use or presence upon the facilities. I HEREBY ASSUME ANY AND ALL RISKS INVOLVED IN OR ARISING FROM MY USE OF OR PRESENCE UPON THE FACILITIES, including, “by way of example”, 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, any known or unknown defects on the skating surface or flooring, any falls due to the flooring, any collision between myself and another person or any stationary object and due to the negligent or deliberate act of another person;
2. TO RELEASE VWD and all its successors, assigns, affiliates, officers, directors, employees and agent from, and AGREES NOT TO SUE ANY OR ALL OF THEM on account of or in connection with any claims, causes of action, injuries, damages, cost or expenses arising out of skaters use of or presence upon the facilities, or use of WD skates or equipment, including but not limited to those claims for bodily injury, whether or not caused by the negligence or other fault of WD, or skates or other equipment supplied by WD.
3. THIS RELEASE shall be binding upon my heirs, administrators, executors, assigns and legal representative.
4. 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;
5. 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.
6. IF I IGNORE THIS AGREEMENT AND FILE SUIT, I WILL BE HELD RESPONSIBLE FOR ALL ATTORNEY FEES AND COURT COSTS INCURRED BY USA.
7. 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.
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.