WAIVER AND LIABILITY RELEASE
The Participant(s) and/or their parent(s) or guardian understands, acknowledges, and agrees that participation in activities offered at the winter festival, including, but not limited to ice skating, roller skating, use of inflatable attractions, hayrides, visits with Santa Claus, and other available activities (collectively, the “Activities”), involves inherent and serious risks.
With respect to ice skating specifically, such risks include , but are 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.
Inflatable attractions involve inherent risks, including but not limited to falls, slips, collisions with other participants, being knocked over or landed on, improper landings, unexpected deflation or collapse, equipment malfunction, tripping at entry or exit points, suffocation risks associated with crowding or loss of structural support, and risks arising from mixed ages or sizes of participants. 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 voluntarily assumes all risks and full responsibility related thereto, both known and unknown, including, without limitation, risk of injury, permanent disability, property damage, or death, arising out of or related any of the Activities or any conditions present at the event premises (indoors and outdoors) (the “Venue”). Participant(s) and/or their parent(s) or guardian acknowledge that these risks may arise from their own actions or inactions, the actions or inactions of others, or the condition of the premises, equipment, or environment, and 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 SFT Realty Galway Downs, LLC, Kentina, LLC and Soundskilz, Inc., the owners and operators of the Venue, all sponsors of the Activities, 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 “Indemnities”) and agrees to fully RELEASE, DEFEND, INDEMNIFY and HOLD HARMLESS the Indemnities 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 participation in the Activities and use of related amenities 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) and/or their parent(s) or guardian understands and agrees that being permitted to enter the premises and participate in the Activities constitutes further adequate and valuable consideration for this Release, and that execution of this Release is a condition of such entry and participation. Participant(s) and/or their parent(s) or guardian expressly waives the protections of California Civil Code § 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor.”
This waiver is intended to apply to all known and unknown claims arising out of or relating to the Activities or any conditions on the premises, to the fullest extent permitted by law.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 Indemnities by emergency medical treatment professionals and paramedics, resulting from care provided to Participant during Participant’s participation in the Activities, even if it is determined Participant did not need emergency medical treatment. Participant(s) agrees to abide by the “Code Conduct” as posted or assumed at the Venue, and will follow the instructions of the operating staff of the Venue. Failure to do so may result in the termination of Participant’s presence at the Venue, use of the amenities or participation in the Activities or any aspect of the winter festival and future use of the amenities, without refund, at the discretion of SFT Realty Galway Downs, LLC,. Participant specifically permits SFT Realty Galway Downs, LLC, , to use any photographs, videotapes, recordings or any other records taken while at the Venue 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 SFT REALTY GALWAY DOWNS, LLC, KENTINA, LLC AND SOUNDSKILZ, INC., ALL SPONSORS OF THE VENUE, AND EACH OF THEIR SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MANAGERS, COUNCIL MEMBERS AND VOLUNTEERS FROM ANY AND ALL CLAIMS AND FOR ANY INJURIES AND/OR DAMAGES RELATED TO PARTICIPATING IN ACTIVITIES AT THE VENUE, TO THE FULLEST EXTENT PERMITTED BY LAW.