LIABILITY RELEASE
The Participant(s) and/or their parent(s) or guardian understands, acknowledges, and agrees that ice skating is an inherently dangerous and physically demanding activity with risks including, but not limited to, slip and falls, colliding with other skaters of varying degrees of skill (including being struck from behind), tripping on irregular ice surfaces, cuts from skate blades, inadequate or defective equipment, ill-fitting skates, failure in supervision or instruction, horseplay, carelessness, poor technique, poor conditioning, rule violations, striking a stationary object, premises defects outside the rink, and all other risks inherent to the sport of ice skating. In this regard, it must be recognized that it is impossible to guarantee absolute safety. With full knowledge of the foregoing, the Participant(s) and/or their parent(s) or guardian assumes full responsibility for any risk of injury, property damage, or death while Participant(s) is participating in activities at the ice skating rink and surrounding areas (hereinafter, the “Rink”) and acknowledge that it is impossible to foresee or prevent all hazards and dangers. Participant(s) and/or their parent(s) or guardian hereby WAIVES any and all claims, causes of action, damages, proceedings and lawsuits against CC & Sons, LLC., Peltzer Family Cellars LLC, Peltzer Farms Inc., CMAX Properties LLC, CMAX II LLC, Rancho California Enterprises LLC, all sponsors of the Rink, and each of their subsidiaries, affiliates, partners, officers, directors, employees, agents, managers, council members and volunteers (all of whom are collectively referred to herein as “Indemnitees”) and agrees to fully RELEASE and INDEMNIFY and HOLD HARMLESS the Indemnitees from any and all damages, losses, claims, causes of action, suits, judgments, and any other liabilities whatsoever resulting from or relating to the Participant’s use of the Rink or resulting from or relating to any injury sustained by the Participant(s) (or by others due to Participant(s)) or any damage to personal property owned by the Participant(s) (or damaged by Participant). Participant(s), or participant’s guardian(s) if Participant is under 18 years of age, hereby agree to release, indemnify, hold harmless and reimburse Indemnitees for all costs charged to Indemnitees by emergency medical treatment professionals and paramedics, resulting from care provided to Participant during Participant’s participation in ice skating activities, even if it is determined Participant did not need emergency medical treatment. Participant(s) agrees to abide by the “Code of Skater Conduct” as posted at the Rink, and will follow the instructions of the operating staff of the Rink. Failure to do so may result in the termination of Participant’s use of the Rink, use of the rental ice skates, and future use of the Rink, without refund, at the discretion of CC & Sons, LLC., Peltzer Family Cellars LLC, Peltzer Farms Inc., CMAX Properties LLC, CMAX II LLC, Rancho California Enterprises LLC, Participant(s) and/or their parent(s) or guardian permits the CC & Sons, LLC., Peltzer Family Cellars LLC, Peltzer Farms Inc., CMAX Properties LLC, CMAX II LLC, Rancho California Enterprises LLC, to use any photographs, videotapes, recordings or any other records taken while at the Rink for publicity, advertising, or any other legitimate purpose.
BY SIGNING THIS RELEASE OF LIABILITY AND WAIVER OF ALL CLAIMS, I UNDERSTAND THAT I AM RELEASING CC & SONS, LLC., PELTZER FAMILY CELLARS LLC, PELTZER FARMS INC., CMAX PROPERTIES LLC, CMAX II LLC, RANCHO CALIFORNIA ENTERPRISES LLC, AND ALL SPONSORS OF THE RINK FROM ANY AND ALL CLAIMS AND FOR ANY INJURIES AND/OR DAMAGES RELATED TO PARTICIPATING IN ACTIVITIES AT THE RINK, TO THE FULLEST EXTENT PERMITTED BY LAW.
FOR PARTICIPANT UNDER 18 YEARS OF AGE OR UNDER THE CARE OF A GUARDIAN
This is to certify that I, as parent or guardian with legal responsibility for the Participant(s), do consent and agree to his/her release as provided above. I hereby individually, and on behalf of the Participant, release and agree to indemnify CC & Sons, LLC., Peltzer Family Cellars LLC, Peltzer Farms Inc., CMAX Properties LLC, CMAX II LLC, Rancho California Enterprises LLC, all sponsors of the Rink, and each of their subsidiaries, affiliates, partners, officers, directors, employees, agents, managers, council members and volunteers (“Released Parties”) from all rights, claims, demands and damages of any kind, known or unknown, existing or arising in the future resulting from the Participant’s involvement or participation in the ice skating activities offered by the Rink, to the fullest extent permitted by law. This release is intended to prohibit the Participant’s family from suing the Released Parties and binds the Participant’s estate, siblings, parents, heirs, personal representatives and assigns. In any such litigation is brought by anyone against the Released Parties, I will indemnify and hold the Released Parties harmless from any such litigation, including any attorney fees and costs.
Notwithstanding our efforts, an inherent risk of exposure to COVID-19 exists in any public place where people are present; we cannot guarantee you will not be exposed during your visit. According to the CDC, older adults and guests of any age who have serious underlying medical conditions are more vulnerable than others. Guests should evaluate their risk in determining whether or not to visit and should not visit if they are experiencing any sort of symptom relating to COVID-19.
By visiting Peltzer Family Cellars + Peltzer Ice Rink you voluntarily assume all risks related to the exposure of COVID-19.