Facility Waiver
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nine HOCKEY FACILITY WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT
This Waiver, Release of Liability, Assumption of Risk and Indemnification Agreement applies to any participant using the ice rink, locker rooms, dryland areas, common areas or other premises of nine HOCKEY in connection with a program, clinic, camp, practice, lesson, event or other activity that is organized, operated, instructed, supervised or administered by a third party renting or otherwise using the nine HOCKEY facility.
For purposes of this Agreement, "nine HOCKEY" includes nine HOCKEY, its owners, members, officers, employees, agents, representatives, affiliates, insurers, landlords, property owners, sponsors and facility personnel, collectively referred to as the "Released Parties."
Assumption of Risk
Participant, and participant's parent(s) or legal guardian(s) if participant is a minor, acknowledge and understand that ice hockey, ice skating, athletic training and related activities involve inherent and other risks that may result in serious bodily injury, illness, permanent disability, paralysis, property damage or death.
These risks may include, but are not limited to, falls; collisions with other participants, coaches, instructors, officials, spectators, boards, glass, nets, goals, benches or other objects; contact with sticks, pucks, skates and other equipment; cuts or lacerations; equipment failure; ice conditions; slippery or wet surfaces; strenuous physical activity; and the actions, inactions, negligence or conduct of other participants or third parties.
Participant voluntarily chooses to enter and use the nine HOCKEY facility and participate in the activity and knowingly and voluntarily assumes all risks associated with participation and use of the facility, whether known or unknown, foreseeable or unforeseeable, to the fullest extent permitted by law.
Third-Party Program Acknowledgment
Participant understands and agrees that the program, clinic, camp, practice, lesson, event or activity in which participant is participating is not organized, operated, administered, instructed, supervised or controlled by nine HOCKEY.
The outside organization, individual, coach, trainer or other third party conducting the activity is an independent renter or user of the nine HOCKEY facility and is solely responsible for the operation, instruction, supervision, staffing, participant eligibility, safety procedures and conduct of its program and participants.
The rental or use of nine HOCKEY's facility by an outside organization or individual does not constitute nine HOCKEY's endorsement, sponsorship, supervision or control of that organization, its personnel, its program or its activities.
Participant understands that nine HOCKEY is providing access to the facility and ice and is not responsible for evaluating, selecting, training, certifying, screening or supervising the coaches, instructors, trainers, officials, volunteers or other personnel associated with the third-party program.
Waiver and Release of Liability
To the fullest extent permitted by law, participant, and participant's parent(s) or legal guardian(s) if applicable, hereby release, waive and discharge the Released Parties from any and all claims, demands, causes of action, damages, losses, liabilities, costs or expenses arising out of or related to participant's presence at, use of or participation in activities at the nine HOCKEY facility.
This release includes claims arising from personal injury, illness, disability, death or property damage and includes, to the fullest extent permitted by law, claims alleging ordinary negligence by any of the Released Parties, including claims related to the condition, maintenance, inspection, operation or use of the facility, ice surface, locker rooms, dryland areas, equipment or other premises.
Participant further acknowledges that nine HOCKEY is not responsible for the acts, omissions, negligence, instruction, supervision or conduct of the outside organization or individual renting the facility or any of its coaches, trainers, instructors, officials, employees, volunteers, participants or representatives.
Nothing in this Agreement is intended to release any party from liability that cannot legally be waived under applicable law.
Indemnification
To the fullest extent permitted by law, participant, and participant's parent(s) or legal guardian(s) if applicable, agree to indemnify, defend and hold harmless the Released Parties from claims, demands, liabilities, damages, costs and expenses, including reasonable attorney fees, arising from participant's acts or omissions, violation of facility rules, damage to property or claims brought by or on behalf of participant relating to participant's participation in the third-party activity or use of the nine HOCKEY facility, except to the extent such indemnification is prohibited by applicable law.
Facility Rules and Participant Conduct
Participant agrees to follow all posted and communicated nine HOCKEY facility rules and safety requirements while on the premises.
Participant understands that nine HOCKEY reserves the right to remove any individual from the facility for unsafe, disruptive, abusive or inappropriate conduct or for failure to comply with facility rules, regardless of whether the activity is being operated by a third party.
Participant is responsible for using appropriate equipment and protective gear for the activity. The third-party program operator, not nine HOCKEY, is responsible for establishing and enforcing any program-specific equipment, eligibility or participation requirements.
Medical Treatment
In the event of an injury or medical emergency, participant authorizes emergency medical care to be provided or requested when reasonably necessary. Participant understands that nine HOCKEY does not assume responsibility for medical expenses incurred as a result of participation or presence at the facility.
Participant, or participant's parent(s) or legal guardian(s) if applicable, is responsible for determining whether participant is physically able to participate in the activity.
Personal Property
Participant acknowledges that nine HOCKEY is not responsible for lost, stolen, misplaced or damaged personal property brought onto the premises, including hockey equipment, clothing, electronics or other belongings, except to the extent otherwise required by law.
Third-Party Payments, Refunds and Program Changes
Participant understands that nine HOCKEY is not responsible for registration fees, payments, refunds, credits, cancellations, scheduling changes, program content, roster decisions or other obligations of the outside organization or individual operating the program, unless payment was specifically collected by nine HOCKEY for facility-related charges.
Questions or disputes regarding the third-party program, including registration, instruction, scheduling, cancellations and refunds, must be directed to the organization or individual operating the program.
Severability
If any provision of this Agreement is determined to be invalid or unenforceable under applicable law, that provision shall be modified or limited to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
Acknowledgment and Electronic Signature
Participant, and participant's parent(s) or legal guardian(s) if participant is a minor, acknowledge that they have carefully read this Agreement and understand its terms.
Participant understands that this Agreement includes an assumption of risk, release and waiver of liability, and indemnification obligations and that by signing it, participant is giving up certain legal rights.
Participant further acknowledges and agrees that the activity is being operated by an independent third party and not by nine HOCKEY, and that nine HOCKEY's role is limited to providing the facility and related premises for use by the third-party operator, except as otherwise expressly stated in writing.
By submitting the facility agreement electronically using the Electronic Signature, the signer acknowledges that the electronic signature is intended to have the same force and effect as a handwritten signature and agrees to be bound by this Agreement in its entirety.