PARTICIPANT WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

Event Name/Activity Description: Hockey Power and Edge Class/Lessons

Event/Activity Location: Recreation Center and/or Graham Arena Complex, Rochester, MN, or any other facility 

Athlete: _________________________________

For and in consideration of Elizabeth Thornton (“Instructor/Coach”) allowing the athlete identified above (“Athlete”) to participate in the event or activity described above (the “Event” or “Events”); I, for myself, or on behalf of Athlete, and the Athlete’s parents/legal 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 either the Athlete or the parent or legal guardian of the Athlete; (ii) the Athlete is in good health and in proper physical condition to participate in the Event; and (iii) the Athlete is not under the influence of alcohol or any illicit or prescription drugs which would in any way impair the Athlete’s ability to safely participate in the Event, and that I am responsible for the Athlete’s safety and well being at all times and under all circumstances while at the Event.

  2. I understand and acknowledge the risks and dangers associated with the Athlete’s participation in the Event and the sport of figure and hockey skating and related 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 the Event Organizers; 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 the Athlete’s own actions or inactions, the actions or inactions of others participating in the Event, or the negligent acts or omissions of the Released Parties defined below, and on behalf of the Athlete, I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which I incur as a result of the Athlete’s participation in any Event.

  3. I understand that the Athlete is required to be familiar with and to abide by the Rules and Regulations established for the benefit and safety of all participants in the Event.  I accept sole responsibility for the conduct and actions of the Athlete while he or she is participating in the Event, and the condition and adequacy of the Athlete’s equipment.  I understand that the Event Organizers have the right to disqualify anyone or deny participation in the Event for any reason they deem just and proper in their sole discretion.

  4. On behalf of the Athlete or as the Athlete myself, I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties:  Elizabeth Thornton, Rochester Recreation Center, Graham Arena Complex, and any other instructor of facility associated (Individually and Collectively, the “Instructor/Coach” or “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 the Athlete’s participation in the Event, 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, the Athlete, or anyone on the Athlete’s 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.

  5. The Instructor/Coach reserves the right to obtain and use images or videos of the Athlete during the Event/Activity solely for publicity purposes without compensation. This may include but it not limited to print or digital use on social media, websites, marketing material, in industry publications, and any other communication platform existing now or in the future. By participating in the Event/Activity, you acknowledge and grant permission to do so.

I hereby warrant that I am of legal age and authorized to enter into this Agreement on myself or on behalf of the Athlete, 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 the Athlete, the Athlete’s parents/legal 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.

Terms of Use 

Welcome to our website. These terms and conditions outline the rules and regulations for the use of our website. 

By accessing this website, we assume you accept these terms and conditions. Do not continue to use the website if you do not agree to take all of the terms and conditions stated on this page. 

1. Intellectual Property Rights 

Other than the content you own, under these Terms, we and/or our licensors own all the intellectual property rights and materials contained in this website. You are granted a limited license only for purposes of viewing the material contained on this website. 

2. Restrictions 

You are specifically restricted from all of the following:

 - Publishing any website material in any media. 

- Selling, sublicensing, and/or otherwise commercializing any website material. 

- Publicly performing and/or showing any website material. 

- Using this website in any way that is or may be damaging to this website. 

- Using this website in any way that impacts user access to this website. 

- Using this website contrary to applicable laws and regulations, or in any way may cause harm to the website, or to any person or business entity. 

- Engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this website, or while using this website. 

3. Your Content 

In these Terms of Use, “Your Content” shall mean any audio, video, text, images, or other material you choose to display on this website. By displaying Your Content, you grant us a nonexclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media. 

Your Content must be your own and must not be infringing on any third party's rights. We reserve the right to remove any of Your Content from this website at any time, and for any reason, without notice. 

4. No Warranties 

This website is provided "as is," with all faults, and we express no representations or warranties, of any kind related to this website or the materials contained on this website. Also, nothing contained on this website shall be interpreted as advising or coaching you. 

5. Limitation of Liability 

In no event shall we, nor any of our officers, directors, contractors, volunteers, and employees, be held liable for anything arising out of or in any way connected with your use of this website, whether such liability is under contract, tort, or otherwise. 

6. Variation of Terms 

We are permitted to revise these Terms at any time as we see fit, and by using this website, you are expected to review these Terms on a regular basis. 

7. Governing Law & Jurisdiction 

These Terms will be governed by and interpreted in accordance with the laws of the jurisdiction in which we are based, and you submit to the non-exclusive jurisdiction of the state and federal courts located in our jurisdiction for the resolution of any disputes.

COACH CLINIC PARTICIPANT

Participant Waiver and Release of Liability

Assumption of Risk and Indemnity Agreement

I, the Participant to the Hockey Power & Edge Coach Clinic (“Clinic”), (or the Parent/Guardian of the Participant, as the case may be) together with my heirs, executors, administrators, and assigns, hereby release, waive, and forever discharge the Elizabeth Thornton and Hockey Power & Edge, and/or their respective past and present employees, representatives, agents, officers, directors, affiliates, members, successors, assigns, and volunteers, as well as the Clinic’s volunteers and sponsors (the “Released Parties”), from and against any and all liability, claims, demands, actions, or causes of action of any and every kind and character which they had, have, or may have in the future, including, but not limited to, all injuries, damages, or losses, which arise from or as a result of the Participant’s attendance at the Clinic or participation in any associated activities. The Participant hereby further agrees to indemnify and to hold harmless the said Released Parties, of and from any and all liability, claims, demands, actions, rights of action, loss, damage, including attorney’s fees and costs, which arise from or as a result of the Participant’s attendance at the Clinic or participation in any associated activities.

Photo and Written Material Release

The Participant also grants the Elizabeth Thornton and Hockey Power & Edge, the right to record, stream, film and photograph the presentation at the Event and to distribute, broadcast, edit, translate, or otherwise disseminate it, without further approval from the Participant, in whole or in part, throughout the world, in perpetuity, in any and all media now known or hereafter developed. This grant to the Elizabeth Thornton and Hockey Power & Edge includes, but is not limited to, the right to use the Participant’s likeness either alone or together with supporting information, such as your name, voice, photograph, likeness and biographical data (collectively, “Supporting Information”). Such use of his or her name, image, likeness, persona, photograph, or voice can be used throughout the world for educational, commercial, trade, or any other lawful purpose.

Examples of permitted uses of the likeness and Supporting Information includes any accompanying audio-visual or electronic presentations, and any accompanying written or electronic handout materials displaying your likeness on Elizabeth Thornton and Hockey Power & Edge YouTube channel, Elizabeth Thornton and Hockey Power & Edge social media page, or on Elizabeth Thornton and Hockey Power & Edge’s website; broadcasting the Presentation on television, and internet; and distributing the Presentation on DVDs, mobile phones, apps, films, and other audio or video distribution channels.

The Participant hereby warrant that he/she is of legal age and authorized to enter into this Agreement (or am the Parent/Guardian of the Minor, as the case may be), that the Participant has read this Agreement carefully, understand its terms and conditions, acknowledges that he/she will be giving up substantial legal rights by signing it (including the rights of the Minor, the Minor’s parents/legal guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that he/she will have signed this Agreement without any inducement, assurance or guarantee, and intend for his/her signature to serve as confirmation of his/her 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.

COACH CLINIC DEMONSTRATOR

Demonstrator Waiver and Release of Liability

Assumption of Risk and Indemnity Agreement

This release and waiver will serve as our agreement concerning your participation at the Hockey Power & Edge Clinic (the “Event”). In consideration of being allowed to participate as a Demonstrator at the Event, the Demonstrator acknowledges and agrees to the following:

  • My participation in the activities involved in this program is as a Demonstrator.

  • Through my participation in the activities in this program, I have no rights to, or expectation of payment or benefit of any kind from Elizabeth Thornton, Hockey Power & Edge,  or anyone else.

  • I am aware that the risk of injury from the activities involved in this program is significant and though personal discipline may reduce this risk, the risk of serious injury does exist.

  • I knowingly and freely assume all such risks, both known and unknown, as a demonstrator even if arising from the negligence of others including Elizabeth Thornton, Hockey Power & Edge,  or anyone else, and assume full responsibility for my participation.

  • I willingly agree to comply with the stated and customary terms and conditions for participation in the Demonstration. 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 of the program immediately.

  • I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release, indemnify, and hold harmless Elizabeth Thornton, Hockey Power & Edge,  or anyone else, their officers, officials, agents and/or employees, from all other loss or damage to person or property, whether arising from the negligence of the others including the Elizabeth Thornton, Hockey Power & Edge,  or anyone else, to the fullest extent permitted by law.

  • In consideration for the platform provided to you, and the mutual desire to provide quality skating education, the undersigned Demonstrator hereby grants to Elizabeth Thornton and Hockey Power & Edge, including all subsidiaries and affiliates thereof or parties Elizabeth Thornton and Hockey Power & Edge may designate from time to time, a non-exclusive, perpetual, irrevocable, royalty-free license and release to exercise all rights protected by the Laws of the United States of America and all foreign countries including any and all copyright laws therein to the program authored by the undersigned and presented at the Clinic, as defined below. The Demonstrator grants the right to record, stream, film and photograph the Event and to distribute, broadcast, edit, translate, or otherwise disseminate it, without further approval from you, in whole or in part, throughout the world, in perpetuity, in any and all media now known or hereafter developed. This grant includes, but is not limited to, the right to use the Event either alone or together with supporting information, such as your name, voice, photograph, likeness and biographical data (collectively, “Supporting Information”).

  • Examples of permitted uses of the Event and Supporting Information includes any accompanying audio-visual or electronic presentations, and any accompanying written or electronic handout materials displaying the Event, in part or in whole, on Elizabeth Thornton and Hockey Power & Edge YouTube channel or on Elizabeth Thornton and Hockey Power & Edge’s website; broadcasting the Event on television, and internet; and distributing the Event on DVDs, mobile phones, apps,, films, and other audio or video distribution channels.

  • It is understood that, other than the consideration received for as a Demonstrator, the undersigned has not received nor will (s)he receive any royalty or other monetary compensation from Elizabeth Thornton, Hockey Power & Edge, or its designees for the rights granted and the subsequent use of the work by Elizabeth Thornton, Hockey Power & Edge, and its designees.

  • The undersigned agrees to indemnify and hold harmless Elizabeth Thornton, Hockey Power & Edge, and its officers, directors, members, employees, and agents, and volunteers from and against any and all claims, actions, losses, demands, costs, including reasonable attorneys’ fees, and all other expenses relating or incidental to, or arising directly or indirectly from, the inaccuracy or breach of any of the aforementioned warranties and representations.

If the Demonstrator is under the age of eighteen (18) the parent or legal guardian of the Demonstrator shall sign this release and waiver, and by doing so agrees to be fully bound to all of the terms and conditions set forth herein acting for themselves and for the Demonstrator.