ROLL TRAIN, LLC Release and Waiver of Liability, Covenant Not to Sue, Assumption of Risk, and Indemnification Agreement

Roll Train (Roll Union), LLC, dba Roll Train (hereafter referred to as ROLL TRAIN) is a group of self-trained roller skaters offering instruction in skating and roller skate dancing as well as rental skates for use in said instruction (ROLL TRAIN ACTIVITIES) for PARTICIPANTS, which may be MINORS (under age 18), or ADULTS (age 18 and over).

 

INHERENT RISKS. It is important that each PARTICIPANT and each PARENT/GUARDIAN of each MINOR PARTICIPANT understand that the ROLL TRAIN ACTIVITIES include some known as well as unknown INHERENT RISKS of injury. These INHERENT RISKS are risks that cannot be eliminated without changing the very nature of the activity.

 

The following are some examples of INHERENT RISKS associated with the ROLL TRAIN ACTIVITIES and/or rental skates: Collisions with other participants; Attempting stunts, maneuvers or actions beyond the participant’s capacity, skill or ability; Slipping or tripping and falling; Unexpected equipment failures; Over-exertion; Communicable diseases; or Poor judgment or erratic behavior by the participant, other participants, or ROLL TRAIN personnel.

 

INJURIES. Each PARTICIPANT and each PARENT/GUARDIAN of each MINOR PARTICIPANT must understand that INJURIES can occur as a result of participating in the ROLL TRAIN ACTIVITIES, or as a result of use of the rental skates. While not comprehensive or all-inclusive, the types of potential INJURIES can be described as minor, serious or catastrophic:

 

* MINOR INJURY. These injuries may include, but are not limited to, painful muscle strains and sprains, headaches, bruises, and abrasions.

 

* SERIOUS INJURY. Some examples of serious injuries are broken bones, damaged ligaments and other painful joint injuries, concussions, and eye injuries.

 

* CATASTROPHIC INJURY. Some examples of catastrophic injuries are brain damage, paralysis, heart attack, and death.

 

SAFETY. Before participation in any ROLL TRAIN ACTIVITIES, each PARTICIPANT and each PARENT/GUARDIAN of each MINOR PARTICIPANT agrees that they are/will: 1) in able physical condition (or as modified by medication or other prescription); 2) follow any and all instructions, commands, directions or advise provided by any ROLL TRAIN personnel.

 

RELEASE AND WAIVER OF LIABILITY FOR NEGLIGENCE: In consideration of permission to use the ROLL TRAIN skates and/or to participate in activities directed by ROLL TRAIN instructors/personnel, I, the PARTICIPANT, and/or I as a PARENT/GUARDIAN of a MINOR PARTICIPANT, on behalf of myself, my heirs, my parents my spouse (if married), my representatives, and my assigns [hereafter referred to as Releasing Parties] do hereby release, waive, and discharge, ROLL TRAIN, its owners, directors, officers, affiliates, employees, volunteers, independent contractors, equipment providers, and agents [hereafter referred to as Protected Parties] from liability arising from any and all claims, which may include but are not limited to: claims for injuries, medical issues, death, damages, or losses, regardless of severity, that I, the PARTICIPANT, and/or I on behalf of a MINOR PARTICIPANT for who I am the PARENT/GUARDIAN, may sustain, arising from participation in any ROLL TRAIN ACTIVITIES, and/or the ordinary negligence of ROLL TRAIN or the other Protected Parties, or as a result of use of the skates or facilities.

 

COVENANT NOT TO SUE: I, the PARTICIPANT, and/or I as a PARENT/GUARDIAN as a MINOR PARTICIPANT, agree never to institute any suit or action at law or otherwise against any of the Protected Parties or to assist in the prosecution of any claim for damages or any cause of action which I may have by reason of Injuries arising from any ROLL TRAIN ACTIVITIES caused by or related to the negligence of any of the Protected Parties. I further expressly agree that my heirs, executors, administrators, personal representatives and/or anyone else claiming on my behalf, shall not institute any suit or action at law or otherwise against any of the Protected Parties, nor shall they initiate or assist in the prosecution of any claim for damages or cause of action which they may have by reason of Injuries arising from any ROLL TRAIN ACTIVITIES, or as a result of use of the skates or facilities, caused by or related to the negligence of any of the Protected Parties.

 

EXPRESS ASSUMPTION OF RISKS: I, the PARTICIPANT, and/or I as a PARENT/GUARDIAN of a MINOR PARTICIPANT, on behalf of myself, my heirs, my parents my spouse (if married), my representatives, and my assigns, have read the above paragraphs and know that ROLL TRAIN ACTIVITIES involve INHERENT RISKS which vary with the specific activity and ability of the participants. I understand the demands of those activities relative to each participant's individual physical condition and skill level, and I appreciate the types of injuries that may occur as a result of ROLL TRAIN ACTIVITIES and their potential impact on each participant's well-being and lifestyle.

 

I, hereby assert that participation is voluntary and that I knowingly assume all inherent risks as a PARTICIPANT or as a PARENT/GUARDIAN of a MINOR PARTICIPANT.

 

INDEMNIFICATION: I, the PARTICIPANT, and/or I as a PARENT/GUARDIAN of a MINOR PARTICIPANT, agree to hold harmless, defend, and indemnify ROLL TRAIN and the Protected Parties (that is, defend and pay any judgment and costs, including investigation costs, attorney’s fees and related expenses) from any and all claims of the Releasing Parties arising from my injury or loss due to the participation in ROLL TRAIN ACTIVITIES arising from the negligence of ROLL TRAIN or Protected Parties. I further agree to hold harmless, defend, and indemnify ROLL TRAIN and the Protected Parties (that is, defend and pay any judgment and costs, including investigation costs and attorney’s fees) against any and all claims of coparticipants, rescuers, and others arising from my conduct (or that of the minor) in the course of participation in ROLL TRAIN ACTIVITIES (including claims arising from the INHERENT RISKS of ROLL TRAIN ACTIVITIES and those arising from the ordinary negligence of ROLL TRAIN or Protected Parties).

 

RELEASE IS OPTIONAL: I, the PARTICIPANT and/or I as a PARENT/GUARDIAN of a MINOR PARTICIPANT, acknowledge, understand and agree that I had the opportunity, before voluntarily deciding to enter into the agreement, to negotiate different release, waiver, assumption of risk and/or indemnity terms for a substantially higher participation fee. I have decided not to pay a substantially higher fee for the ROLL TRAIN ACTIVITIES, and I hereby waive the right to bargain for terms different than those set forth herein. I, the PARTICIPANT, and/or I as a PARENT/GUARDIAN of a MINOR PARTICIPANT, confirm that this agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire release agreement with ROLL TRAIN and cannot be modified or changed in any way by representations or statements by any agent or employee of ROLL TRAIN. I further expressly agree that the foregoing Release and Waiver of Liability, Covenant Not To Sue, Assumption of Risk, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Wisconsin and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I also understand that if any legal action is brought, the appropriate trial court for the County of Milwaukee in the State of Wisconsin has the sole and exclusive jurisdiction and that only the substantive laws of the State of Wisconsin shall apply.

 

Acknowledgment of Understanding: I, the PARTICIPANT, and/or I, as a PARENT/GUARDIAN of a MINOR PARTICIPANT, have read this Agreement and understand that I have given up substantial rights, including the right of both the participant and the parent or guardian to sue for damages in the event of death, injury, or loss. I acknowledge that I am voluntarily signing this agreement, and intend my signature to be a complete release of all liability, including that due to inherent risks and/or the ordinary negligence of the Protected Parties, to the greatest extent allowed by law of the State of Wisconsin. Additionally, I, the PARENT/GUARDIAN of a MINOR PARTICIPANT, assert that I have explained the risks of the activity to my minor son or daughter and that he or she understands this Agreement. ** PLEASE NOTE WE RESERVE THE RIGHT TO REVIEW YOUR LICENSE AND/OR OTHER FORMS OF IDENTIFICATION IN ORDER TO VERIFY IDENTITY AND DATE OF BIRTH/AGE. **

TIMEFRAME/VALIDITY:  Though this agreement is dated as of the first date of participation in ROLL TRAIN activities, this RELEASE is valid for all ROLL TRAIN ACTIVITIES within one calendar year from the date of signature.

 

SIGNED:

 

 

__________________________________________                     _______________________

PARTICIPANT                                                                        DATE

 

 

__________________________________________                    _______________________

PARTICIPANT (ON BEHALF OF MINOR BELOW)           DATE

 

 

__________________________________________

NAME OF MINOR PARTICIPANT

 

Who will be participating?

Adult  Adult and Children  Children

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