PARTICIPANT WAIVER AND RELEASE OF LIABILITY,
ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
Waiver Form for ADULTS (Age 18 and older)
For and in consideration of Ice Dynamics®, its owners, employees, and affiliates (Individually and Collectively, the “Released Parties”), allowing me, the undersigned, to avail myself of its goods and services including but not limited to athletic equipment and workout plans sourced from the Ice Dynamics® website or elsewhere (“Services”); I, for myself, and on behalf of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, hereby agree to and make the following contractual representations pursuant to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”);
1. I hereby represent that (i) I am at least eighteen (18) years of age or older; (ii) I am in good health and in proper physical condition to follow the exercise plans and activities presented by Ice Dynamics®; and (iii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely use these services. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to use these Services, that I am responsible for my own safety and well being at all times and under all circumstances while engaging in activities related to these Services.
2. I understand and acknowledge the risks and dangers associated with athletic activities such as those advocated by Ice Dynamics® and the sport of figure skating and related figure skating sport disciplines, including without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; contact with other participants, spectators, or objects; dangers arising from imperfect conditions; water and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of Ice Dynamics® and its affiliates; and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others, or the negligent acts or omissions of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of my participation in any way related to the Services Ice Dynamics® provides.
3. I understand that I am required to be familiar with and to abide by the Rules and Regulations established for the benefit and safety of all Services. I accept sole responsibility my conduct and actions related to these Services, and the condition and adequacy of my equipment. I understand that Ice Dynamics® has the right to disqualify anyone or rescind and refund access to Services for any reason they deem just and proper in their sole discretion.
4. I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: Ice Dynamics®, its owners, employees, and affiliates (Individually and Collectively, the “Released Parties”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my participation in the Services, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which any may be incurred as the result of such claim.
I hereby warrant that I am of legal age and competent to enter into this Agreement, that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of my spouse, children, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.