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.

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