Waiver & Release of Liability, Assumption of Risk and Indemnity Agreement
FOR GOOD AND VALUABLE CONSIDERATION, including permission to participate in Down & Derby – 21 & Over Skating Party at Gold Spike and related activities (the “Program”), the person who is participating in the Program (“Participant”) agrees to the fullest extent permitted by law, as follows:
Assumption of Risk. Participant understands the nature of roller skating (“Activity”) and the inherent risks, including, but not limited to, those associated with skating on a concrete surface, equipment failure, uneven or slippery conditions, strenuous physical exercise and dehydration. Participant acknowledges that he/she is qualified, in good health and in proper physical condition to participate in such Activity. Participant shall immediately discontinue participation in the Activity if Participant believes the conditions are unsafe and will immediately inform Program personnel of such unsafe conditions. Participant fully understands that this Activity involves risks of serious bodily injury, including permanent disability, paralysis and death, which may be caused by his/her own actions, or inactions, those of others participating in the Program, the conditions in which the Activity takes place, or the negligence of the “Released Parties” named below. Moreover, there may be other risks either not known to Participant or not readily foreseeable at this time. PARTICIPANT KNOWINGLY AND FREELY ACCEPTS AND ASSUMES ANY AND ALL SUCH RISKS, both known or unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES or others, and assumes full responsibility for Participant’s participation.
Waiver and Release of Liability; Covenant Not to Sue. In consideration for being allowed to participate in the Program, the Participant, on behalf of himself or herself, and his or her heirs, executors and administrators, hereby waives and releases any and all rights and claims for damages, including, but not limited to, personal injury or the loss of personal property, that the Participant may have against LFDTP, LLC (“Operator”), 217 LVB, LLC (“Owner”), Down & Derby, LLC (“Promoter/Producer”) and their successors, assigns, subsidiaries, affiliates, partners, officers, directors, employees, agents, managers, council members and volunteers, other participants, sponsoring agencies, sponsors, advertisers (collectively the “Released Parties”) from and against all Claims (as defined in Section 3 below) that the Participant has or may ever have in the future against any of the Released Parties, relating to, arising out of or in connection with Participant’s participation in the Program.
Indemnification. Participant AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS the Released Parties from any and all Claims relating to, coming out of or in connection with the Participant’s participation in the Program (including, without limitation, relating to medical expenses, the use of the Participant’s image, appearance, likeness and/or voice and any other thing relating to or arising from such participation) and/or the terms of this Waiver & Release of Liability, Assumption of Risk and Indemnity Agreement WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, to the fullest extent permitted by law.
As used in this Waiver & Release of Liability, Assumption of Risk and Indemnity Agreement, “Claims” means any and all actual or threatened claims, liabilities, demands, expenses, losses, damages, suits, judgments, awards, liens, settlements, penalties, fines, costs, expenses, attorneys’ fees and liquidated, punitive or exemplary damages whatsoever of any nature, including, without limitation: (i) all Claims arising out of injury or death to Participant or any other person; (ii) all Claims arising out of injury to or loss or destruction of any property of Participant or any other person; (iii) all Claims arising out of any act or omission by Participant, whether or not any such act or omission involves Participant’s negligence, gross negligence, or willful misconduct; and (iv) all Claims arising out of any act or omission by any of the Released Parties, whether or not any such act or omission involves any negligence of any of the Released Parties.
Image Release. Further, the Participant grants full permission to the Released Parties to photograph and/or film Participant and to use any photographs, videotapes, motion pictures, recordings or any other record of this Program for any legitimate purpose.
Authorization of Medical Treatment. In the event of an injury to the Participant, the Participant authorizes each Released Party and/or their authorized personnel to call for medical care for the Participant or to transport the Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Participant agrees that upon Participant’s transport to any such medical facility or hospital that the Released Party shall not have any further responsibility for the Participant. Further, Participant agrees to pay all costs associated with such medical care and related transportation provided for Participant and will indemnify and hold harmless each Released Party from any such costs incurred, or any related claims.
Compliance with Laws. The Participant agrees to obey all laws of the State of Nevada, Clark County, which may apply to the Participant’s participation during this Program. The Participant understands that he/she is responsible for all personal items including, but not limited to, cameras, cell phones, clothing, etc.
Miscellaneous. Participant expressly agrees that this Waiver & Release of Liability, Assumption of Risk and Indemnity Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Nevada, and that it shall be governed by and interpreted in accordance with the laws of the State of Nevada. This Agreement will be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties.
I warrant that I have read, or have had read to me, and understand all of the details of this Waiver & Release of Liability, Assumption of Risk and Indemnity Agreement and I understand that I have given up substantial rights by submitting this form, freely and voluntarily without any inducement.