ARDSLEY CURLING CLUB
WAIVER & RELEASE FORM (ADULT)
ALL INDIVIDUALS ENTERING THE ARDSLEY CURLING CLUB FACILITY AND/OR PARTICIPATING IN ACTIVITIES MUST FULLY FILL OUT, SIGN AND COMPLY WITH THIS FORM.
I, the undersigned, represent that I am at least eighteen (18) years of age and have the legal capacity to sign this Waiver & Release Form (the “Waiver”). I have reviewed the below and state as follows:
Waiver & Release of Liability
I wish to use for the purpose of curling and any other lawful purposes the property, facilities and/or equipment owned or leased by the Ardsley Curling Club, a New York not-for-profit corporation having an address at North Mountain Drive, Ardsley-on-Hudson, New York (the “Curling Club”).
I acknowledge that I have been informed by the Curling Club that curling is a physically demanding activity that requires physical exertion while playing the game, along with requiring some level of cardiovascular fitness, agility, flexibility and balance, all of which I represent I have. I acknowledge that accessing the Curling Club’s facilities and using the Curling Club’s facilities, equipment, and traversing the ice requires appropriate caution and care to be taken by me to prevent any injury from occurring. I further acknowledge that by its nature, curling, since it is played on ice, involves an inherent risk and danger to me of serious bodily injury, paralysis and/or death, especially if proper precautions are not exercised and proper care is not taken by me. I further acknowledge that I may be in close proximity to others while engaging in curling or related activities at the Curling Club with a risk that I could be exposed to communicable diseases while on and about the ice or other areas of the Curling Club.
I agree that by entering the Curling Club’s facility, using the Curling Club in any capacity and/or by signing this Waiver, I am assuming any and all risk of using the facilities and/or equipment of the Curling Club, including assuming the risk of contracting any potential illness, sickness, disease or ailment. I acknowledge that while particular safeguards, rules, procedures and safety precautions have been enacted or taken by the Curling Club, including to reduce the risk of exposure to COVID-19 and other communicable diseases, and that while my experience, conditioning and training may reduce this risk, the risk of transmission of communicable diseases and the risk of serious bodily injury, paralysis, and/or death nevertheless exists and can never be eliminated in its entirety.
I agree to follow any and all instructions given or rules established by the Curling Club, its members and agents with regard to participation in any activities conducted by, or on the premises of, or for the benefit of, the Curling Club, including any and all rules and procedures established from time to time in connection with reducing exposure to communicable diseases, such as COVID-19.
I understand that vaccination against COVID-19 is not currently required for entry into the Curling Club but is strongly recommended. I agree that I will not enter the Club if I am experiencing symptoms of, or have tested positive for, COVID-19. I agree to inform the Curling Club of any COVID 19 exposure or illness that occurs shortly after visiting the Curling Club. I am attending or participating voluntarily and understand the risks associated with COVID-19. I agree to assume those risks, including but not limited to exposure and being infected.
In consideration for being allowed to use the property, facilities and/or equipment owned or leased by the Curling Club, I, for myself and my estate, successors, assigns, heirs, beneficiaries, administrators, executors, trustees, and representatives, hereby waive, release and forever discharge, and agree not to sue, (i) the Curling Club, (ii) the Grand National Curling Association (“GNCC”) and the United States Curling Association (“USCA”), of which the Curling Club is a member, (iii) the Ardsley Country Club (the “Country Club”), which owns the facilities used by the Curling Club, (iv) the respective successors and assigns of each of the Curling Club, GNCC, USCA and the Country Club, (v) the respective members, employees, officers and directors of each of the Curling Club, GNCC, USCA and the Country Club, but only while acting in their capacity as such, (vi) any of the Curling Club’s or Country Club’s agents or vendors, but only while providing services to the Curling Club, and (vii) individuals providing curling instruction or training at the Curling Club (collectively, the “Releasees”) from any and all actions, suits, causes of action, claims, demands, damages, judgments, expenses and liabilities of any kind or nature, whether known or unknown, in law or equity, including, without limitation, attorneys fees and expenses of litigation, arising from or related to my participation in curling or other activity or programs conducted by the Curling Club (collectively, “Claims”); provided, however, that nothing herein releases any Claims against a Releasee that were caused by the Releasee’s recklessness or intentional misconduct. I agree to hold harmless and fully indemnify any Releasee from any Claims made by me, through me, or on my behalf that are waived hereunder.
On-ice activities are recorded and streamed online. The recordings will be uploaded to YouTube and any other appropriate video hosting websites and be shared across social media platforms (Instagram, Twitter, Facebook, etc) either in their entirety or as edited excerpts. The Club uses a 24/7 unlisted YouTube stream for members-only access. League games are available to the public, both as live streams and recorded videos.
- I grant permission for Ardsley Curling Club to record and use A/V images of me in the manner and for the purposes stated above.
- I agree that Ardsley Curling Club will own the copyright and other intellectual property rights in any material produced.
- I waive the right to inspect or approve the finished recordings prior to publication.
- I agree that footage, still images, or excerpts may also be used for general promotional purposes by Ardsley Curling Club and partner organizations in the future without notifying me.
This Waiver is governed by the laws of the State of New York and is intended to be as broad and inclusive as permitted by that law. If any provision of this Waiver is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue to be effective. I agree that this Waiver is non-revocable once it is executed by me.
I WAS GIVEN THE OPPORTUNITY TO READ THIS WAIVER AND ACKNOWLEDGE THAT I FULLY UNDERSTAND ITS TERMS AND CONDITIONS. BY SIGNING BELOW, I UNDERSTAND THAT I AM WAIVING SUBSTANTIAL RIGHTS, AND AM UNCONDITIONALLY RELEASING THE RELEASEES FROM ANY AND ALL CLAIMS OF ANY NATURE UNLESS EXPRESSLY RESERVED HEREIN. NOTWITHSTANDING THE FOREGOING, I HAVE CHOSEN, OF MY OWN FREE WILL, TO EXECUTE THIS WAIVER AND AGREE TO WAIVE AND RELEASE ALL RELEASEES FROM ALL CLAIMS THAT NOW OR IN THE FUTURE MAY RESULT FROM USING THE PROPERTIES, FACILITIES AND/OR EQUIPMENT OF THE CURLING CLUB.