Release and Waiver of Liability and Indemnity Agreement
IT IS THE PURPOSE OF THIS AGREEMENT FOR THE PARTICIPANT (AND PARTICIPANT’S PARENT(S)/GUARDIAN(S), IF APPLICABLE) TO EXEMPT, WAIVE, RELEASE AND RELIEVE RELEASEES FROM LIABILITY FOR BODILY AND PERSONAL INJURY AND ILLNESS, INCLUDING WRONGFUL DEATH, PROPERTY DAMAGE, AND ANY OTHER LOSS SUFFERED BY PARTICIPANT CAUSED BY OR ARISING FROM ANY NEGLIGENT ACT OR OMISSION, INCLUDING THE NEGLIGENCE, IF ANY, OF ANY RELEASEES, WHILE PARTICIPATING IN ANY HKYHOUSE ACTIVITY OR EVENT.
“Releasees” include HkyHouse, LLC, its owners, agents, instructors, employees, volunteers and representatives (collectively "HkyHouse")
By signing this Agreement, Participant acknowledges that Participant is of legal age and has read this entire Agreement and understands its contents, or, if under the age of 18, that Participant’s Parent(s)/ Guardian(s) has/have read this entire Agreement and understands its contents. For and in consideration of the undersigned Participant’s in any and all activities hosted at or by HkyHouse, LLC, Participant (and the parent(s)/guardian(s), if applicable) waives, releases, holds harmless, and relinquishes any and all claims and demands for liability and cause(s) of action, including for personal injury, illness, wrongful death, property damage, or any other losses incurred by Participant, arising out of participation in HkyHouse events, team activities, the sport of ice hockey, and/or activities incidental thereto, including the premises, services or facilities, whenever or however they occur and for such period said activities may continue (the Programs), and by this agreement any such claims, rights, and causes of action that Participant (and parent(s)/guardian(s) if applicable) may have are hereby waived, released and relinquished, and Participant (and parent(s)/guardian(s) if applicable) does(do) so on behalf of my/our and Participant’s heirs, executors, administrators and assigns.
DISCLAIMER CLAUSE
HkyHouse is not responsible for any injury, loss or damage of any kind sustained by any person while participating in any of the Programs at HkyHouse, including injury, loss or damage which might be caused by the negligence of HkyHouse.
WARNING! THERE ARE DANGERS INHERENT IN HOCKEY, SKATING AND SPORTS. THOSE DANGERS POSE A SIGNIFICANT RISK OF INJURIES.
DESCRIPTION OF RISK
Participant (and parent(s)/guardian(s), if applicable) recognize and acknowledge that there are certain dangers and risks of physical injury while participating in hockey and skating. Participant (and parent(s)/guardian(s), if applicable) also understand that in order to be allowed for myself or my minor child(ren) to participate in the Programs offered by HkyHouse,Participant (and parent(s)/guardian(s), if applicable) must give up my rights to hold HkyHouse liable for any injury or damage which I, my child(ren), or my guests may suffer while utilizing the Programs offered by HkyHouse.
Participant (and parent(s)/guardian(s), if applicable) voluntarily agree to assume the full risk of any and all injuries, damages or loss, regardless of severity, that I, my child(ren), or my guests may sustain as a result of participating in the Programs offered by HkyHouse. I further agree to waive and relinquish all claims I, my minor child(ren), or my guests may have as a result of participating in the Programs offered by HkyHouse.
INDEMNIFICATION AND RELEASE OF LIABILITY
In return for the HkyHouse allowing me or my minor child(ren) to voluntarily participate in the Programs offered by HkyHouse, I agree:
1. TO ASSUME AND ACCEPT ALL RISKS arising out of, associated with, or related to me or my minor child(ren)'s participation, even though such risks may have been caused by the negligence of HkyHouse.
2. TO BE SOLELY RESPONSIBLE FOR ANY INJURY, LOSS OR DAMAGE which I, my minor child(ren), or my guests may sustain while participating in the Programs, even though such injury, loss or damage may have been caused by the negligence of HkyHouse.
3. TO INDEMNIFY AND HOLD HARMLESS HkyHouse and its agents, employees, volunteers and representatives for any and all claims, demands, actions, and costs (including attorney fees) which might arise out of me or my minor child(ren)'s participation in the Programs, even though such claims, demands, actions and costs may have been caused by the negligence of HkyHouse.
I understand and agree that this Agreement will have the effect of releasing, discharging, waiving, and forever relinquishing any and all actions or causes of action that I may have or have had, whether past, present or future, whether known or unknown, and whether anticipated by me, arising out of me or my minor child(ren)'s participation in the Programs. This Release constitutes a complete release, discharge and waiver of any and all actions or causes of action against HkyHouse. I understand and agree that his Agreement applies to personal injury, property damage, or wrongful death which I, my minor child(ren), or my guests may suffer, even if caused by the negligent acts or omissions of others.
I understand and agree that by signing this Agreement, I am assuming full responsibility for any and all risk of death or personal injury or property damage suffered by me, my minor child(ren), or my guests while participating in the Programs. I understand and agree that this Agreement will be binding on me, my spouse, my heirs, my personal representatives, my assigns, my children and any guardian ad litem for said children. I understand and agree that by signing this Agreement, I am agreeing to release, indemnify and hold HkyHouse harmless from any and all liability or costs, including attorney's fees, associated with or arising from me or my minor child(ren)'s participation in the Programs.
I do hereby fully release and forever discharge HkyHouse from any and all claims for injuries, damages, or loss that I, my child(ren), or my guests may have or which may accrue to me or my minor child/ward and arising out of, connected with, or in any way associated with the Programs.
ACKNOWLEDGMENT
I acknowledge that I have read this Agreement and that I understand the words and language in it. I have been advised of the potential dangers incidental to participating in the Programs.
Knowing this and in consideration of being permitted to participate in the Programs, I hereby voluntarily release HkyHouse from any and all liability resulting from or arising out of me or my minor child(ren)'s participation in the Programs.
I understand and agree that I am releasing not only HkyHouse but also its owners, agents, instructors, employees, volunteers and representatives.
I have read and fully understand the above important information, warning of risk, assumption of risk and waiver and release of all claims.
I UNDERSTAND THAT THIS IS A LEGAL AGREEMENT. It is binding upon me as well as upon my heirs, next of kin, executors, administrators, assigns and representatives. I HAVE READ AND UNDERSTOOD ALL THE TERMS OF THIS AGREEMENT, and by signing this agreement voluntarily I am agreeing to abide by these terms.
WARNING - BY SIGNING THIS FORM YOU GIVE UP IMPORTANT LEGAL RIGHTS!
I have read and voluntarily sign this release and waiver of liability and indemnity agreement, on behalf of myself and any representatives, heirs and next of kin.
I, the undersigned, as parent or guardian of the above participant, hereby knowingly and voluntarily execute this liability release and waiver with the intent of affirming and making effective all representations made herein by the participant. I have fully informed myself of the contents of this liability release and waiver and consent to the same and on behalf of myself of the contents of this liability release and waiver and consent to the same and on behalf of myself as well as in my authority as the parent or guardian of the above-named participant.