RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAVER OF CLAIMS AND INDEMNIFICATION AGREEMENT
RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAVER OF CLAIMS AND INDEMNIFICATION AGREEMENT
By clicking on the Agree/Accept Tab you agree to the Following Release of Claims, Assumption of Risk and Indemnification for yourself and your family/guests.
In consideration of being allowed on premises of the Harbaugh Village, and to interact and attend any and all events, the Participant, Participant’s Parents or legal guardian(s), if the Participant is a minor, do hereby agree, to the fullest extent permitted by law, as follows:
TO WAIVE ALL CLAIMS: Participant and/or Participant's parent(s) or guardian acknowledge that events and activities at Harbaugh Village may pose inherent risks of injury or death. The Participant agrees to follow all instructions for any equipment or procedures for any on-cite event. More specifically, ice skating and roller skating are both inherently dangerous activities that involve risk of accident, property damage, serious bodily injury, and death. By agreeing to this Release, Participant, and/or Participant's parents(s) or guardian, assume full responsibility for any risk of injury, property damage, or death arising out of Participant's use of ANY and ALL EVENTS, at Harbaugh Village and/or the Harbaugh Village field events, Ice Rink or the Harbaugh Village Roller Skating Rink.
TO ASSUME ALL RESPONSIBILITY: Participant agrees that Harbaugh Village and including without limitation, all affiliates, divisions, Harbaugh Village, officers, attorneys, employees, agents, assigns, representatives, sponsors, or successors (collectively "Harbaugh Village"), are not responsible for any injury or damages of Participant arising out of, or related to, Participant's use of any activity or event space at the Harbaugh Village.
TO FOREVER DISCHARGE: Participant and/or Participant's parent(s) or guardian (collectively "Releasing Parties") hereby waive, release, and forever discharge any and all claims for damages, loss, personal injury, property damage, or death that Releasing Parties may encounter related to or arising out of Releasing Parties' activities at the Harbaugh Village.
TO RELEASE ALL CLAIMS: This Release is intended to fully and completely discharge Harbaugh Village and all sponsors of the Harbaugh Village activities and events, and their subsidiaries, affiliates, partners, officers, directors, employees, agents, and volunteers from any and all liability for any loss, damage, or expense that Releasing Parties or Releasing Parties' respective heirs, assigns and legal representatives may suffer as a result of Releasing Parties' use of the Rink and surrounding areas, from any cause whatsoever, including without limitation, any act, omission, error, negligence or breach of contract on the part of Harbaugh Village or any sponsors of any event, in the operation, supervision, design, maintenance, or condition of the Rink and all surrounding areas.
This release is intended to be as broad and inclusive as permitted by law and is intended to be effective and binding upon Releasing Parties' heirs, next of kin, families, relatives, guardians, conservators, executors, administrators, trustees, and assigns. Participant certifies that: (a) Participant has been advised to consult a physician before using the Rink; (b) Participant is in good physical health sufficient to use the Rink; (c) Participant is not under the influence of alcohol or any illegal drugs; and (d) Participant is not taking any medication that would prevent Participant from safely using the Rink.
Participant and/or Participant's parent(s) or guardian(s) agree to follow all rules posted at The Harbaugh Village and surrounding areas, and instructions from the operating staff of the Rink. Participant further agrees to abide by the "Skater Responsibility Code" as posted within the Rink area. Failure to follow the "Skater Responsibility Code" rules posted at the Rink and surrounding areas, or instructions from the operating staff of the Rink may result in the termination of Participant's use of the Rink, surrounding areas, and rental skates without refund.
TO INDEMNFIY: Releasing Parties agree to, at Releasing Parties' sole expense, and with legal counsel reasonably acceptable to Harbaugh Village, defend, indemnify and hold harmless Harbaugh Village, officers, attorneys, employees, agents, assigns, representatives, sponsors or successors (collectively "Harbaugh Village"), including the payment of all attorneys’ fees and costs to enforce or defend, from and against any and all accidents, injuries, liability, claims, costs or expenses related to any act, error, omission, or negligence of Releasing Parities, arising out of, or related to, Releasing Parties' use of the Harbaugh Village, any activities, and surrounding areas.
RELEASE OF LIKENESS/CONSENT TO PHOTO/VIDEO: Releasing Parties hereby authorize Harbaugh Village to use any photographs, videotapes, recordings, or any other records taken of Releasing Parties while at the Harbaugh Village, its events, and surrounding areas for publicity, advertising, or any other legitimate purpose.
The Participant remains responsible for the cost of all damages to the Rink, other equipment or others due to their negligence.
If the Participant is injured and alleges that such injury occurred at the Harbaugh Village, or from a different Participant, the Participant must notify the Manager and fill out all documents requested by the Rink Manager at the time of injury unless such Participant is taken off premises by an ambulance.
This Release shall be governed by the Laws of the State of New Jersey. The Participant consents to the jurisdiction of Gloucester County, New Jersey despite any conflict of law provisions.
This Release shall be enforced to the fullest extent and if any provision is not enforceable, the remainder shall be enforceable by law.
BY Clicking Accept/Agree to this RELEASE, I UNDERSTAND THAT I AM RELEASING HARBAUGH VILLAGE AND ALL SPONSORS FROM ANY POTENTIAL CLAIMS FOR DAMAGES CAUSED BY ANY ACT, ERROR, OMISSION OR NEGLIGENCE OF HARBAUGH VILLAGE FOR MYSELF AND MY FAMILY/GUESTS.
