Fireworks Skating Academy Ice Skating Academy Liability waiv

ICE SKATING RINK AND MANAGEMENT COMPANY PARTICIPANT RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT. READ BEFORE SIGNING  In consideration of being allowed to participate in any way in the skating (hockey, skating, figure skating, etc.) or other athletic program the (Program), related events and activities of Bryant Park  (herein referred to as the Arena), Skate-n-Play (herein referred to after as the Program), I, the undersigned, acknowledge, appreciate, and agree that:  1. The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; and,  2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown of my participation in the Program, EVEN IF ARISING FROM THE NEGLIGENCE OR RECKLESSNESS OF THE RELEASEES or others, and assume full responsibility for my participation; and,  3. I willingly agree to comply with both the stated and customary terms and conditions for participation in the Program. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,  4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS Arena, the Program and their officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the event (Releasees), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OR RECKLESSNESS OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. 5. Should any disputes, claims or litigation arise regarding Arena, the Program or its affiliates and Participants or the undersigned, I agree that the Prevailing Party (defined below) shall be entitled to recover all of the reasonable costs, expenses, and fees including reasonable attorney fees incurred in connection with such dispute, claim or litigation as determined by a final judgment of a court. The term Prevailing Party means that party whose position in the claim, dispute or litigation is substantially upheld.  6. If any part of this agreement is determined to be void, voidable, or unenforceable, the remainder shall remain in full force and effect. 7. I hear by grant to Fireworks Skating Academy and it’s employees agents successors and assigns the permission and full legal right to use my child’s name, photograph, video or audio recording in the newspaper, magazine television, and or on the Internet for any commercial purposes whatsoever in perpetuity. Pictures, photographs and video are taken of activities from time to time for the purpose of printed matter advertising and marketing materials, brochures program, materials, educational, materials, or other publications. I waive any right that I or my child may have to inspect or approve any printed matter or materials that may incorporate such photographs, or the use to watch and may be applied. I further waive any right or claim that I or my child may have for compensation related to Fireworks Skating Academy’s use of the photographs, agree that this release is given, in consideration of the potential publication of my child’s photograph, in some manner, and acknowledge that Fireworks Skating Academy will rely upon this release in publishing, my child’s photograph, or name and likeness. 8. This Agreement shall be governed by the laws of the state of New York. Furthermore, I acknowledge that the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and spreads from person-to-person contact. Arena has put in place preventative measures to reduce the spread of communicable diseases; however, we cannot guarantee that you or your child(ren) will not become infected while attending our facilities. While we have implemented reasonable preventive measures, we depend on each and every visitor and their families to follow the guidelines from the Center of Disease Control, and all applicable federal, state, and local health department guidelines, rules, laws, and regulations before and while visiting our premises. We are all in this together and rely on each other to adhere to the above-mentioned guidance and legal restrictions. The undersigned fully understands and acknowledges both the known and potential dangers of utilizing our facilities, services, and programs and acknowledge that use thereof by the undersigned and/or such participating children may, despite our reasonable best efforts to mitigate such dangers, result in exposure to communicable diseases, which could result in quarantine requirements, serious illness, disability, and/or death. I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.