Release Of Liability And Assumption Of Risk Agreement

RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT

Name: *

Email: *

Date: *

Emergency Contact Name: *

Emergency Contact Phone: *

RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT *

I understand that checking this box constitutes a legal signature confirming that I acknowledge, agree to and intend to be bound by the Release *

In consideration for being permitted to use the Cape Ice Rink and related facilities located at Gull Crest, Cape Elizabeth, Maine (collectively the “Cape Ice Rink”) which Cape Ice Rink is owned and maintained by Cape Community Arena Group (the “Owner”), the undersigned, for himself or herself, and his or her personal representatives, executors, administrators, heirs, beneficiaries, successors, assigns, spouse, parents, siblings, and children, hereby have acknowledged and voluntarily agreed to execute this Release of Liability and Assumption of Risk Agreement (this “Release”) and hereby agree to the following:

1. I acknowledge and agree that skating, ice hockey and my use of the Cape Ice Rink, bears known and unknown risks which could result in injury, death, illness or damage to me, to my property, or to other parties. Risks include, but are not limited to, those caused by ice conditions, temperature, weather, my physical condition, equipment and actions of other people including participants, skaters, spectators, and/or the Released Parties (as defined below). Injury or death can arise from errors in judgment, from lack of training or information, from the negligence of me, employees, members, managers or agents of the Owner or other parties, as well as the risks normally associated with athletic endeavors. There is no way to eliminate the risk of serious harm or death. I acknowledge that the Released Parties have made no representations or guarantees as to the safety of the Cape Ice Rink or activities at the Cape Ice Rink to me, and I KNOWINGLY AND FREELY ASSUME ALL RISKS ASSOCIATED WITH the USE OF THE Cape Ice Rink whether known or unknown.

2. I, for myself and on behalf of my personal representatives, executors, administrators, heirs, beneficiaries, successors, assigns, spouse, parents, siblings, and children, VOLUNTARILY RELEASE, FOREVER DISCHARGE, AND AGREE TO HOLD HARMLESS, DEFEND, AND INDEMNIFY the OWNER and all owners, parents, subsidiaries, officers, agents, volunteers, contractors, and employees of each of the foregoing persons or entities, all of whom shall collectively be referred to as the "Released Parties", or individually as a "Released Party", from any and all liability and expense, including attorneys’ fees and costs, claims, demands, or actions for any injury, illness or death to me, or for injury or damage to my property or for which I may be liable to others, whether known or unknown, anticipated or unanticipated, suspected or unsuspected, relating to or arising from any activity, occurrence, or event involving the Cape Ice Rink. I AGREE AND UNDERSTAND THAT THIS RELEASE WILL EXTEND TO ALL CLAIMED WRONGFUL ACTS OF THE RELEASED PARTIES TO THE GREATEST EXTENT ALLOWED UNDER THE LAWS OF THE STATE OF MAINE, INCLUDING THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES.

3. I hereby represent that I am physically capable of participating in the activities at the Cape Ice Rink; that I have no emotional, psychological, medical, physical or other condition that could interfere with my or others' use of the Cape Ice Rink; that any of my equipment I may use at the Cape Ice Rink are in good working condition and generally conduct myself in a safe and prudent manner while using the Cape Ice Rink. I agree that prior to participating in any activities at the Cape Ice Rink, I will inspect the Cape Ice Rink. If I discover, during my inspection or otherwise, that any condition at the Cape Ice Rink is unsafe I will immediately alert an official at the Cape Ice Rink and cease all activities at the Cape Ice Rink until the condition is corrected.

4. I understand and acknowledge that this property is being monitored by video cameras pursuant to the Venue Agreement between LiveBarn, Inc. and the Owner and that such monitoring may include, but may not be limited to, the video and audio recording and distribution and/or broadcast of activities taking place on and individuals using the Cape Ice Rink and I waive any claim relating to the capture or public transmission of my participation while at the Cape Ice Rink.

ALL DISPUTES BETWEEN MYSELF AND ANY RELEASED PARTY ARISING FROM MY USE OF THE CAPE ICE RINK WILL BE GOVERNED BY THE LAWS OF THE STATE OF MAINE, AND THE EXCLUSIVE JURISDICTION THEREOF SHALL BE IN THE STATE COURTS OF THE STATE OF MAINE, AND THE VENUE FOR THESE DISPUTES SHALL BE IN CUMBERLAND COUNTY, MAINE.

IF ANY PART OF THIS RELEASE IS DETERMINED TO BE UNENFORCEABLE FOR ANY REASON OR UNDER ANY CIRCUMSTANCE, IT IS INTENDED THAT ALL OTHER TERMS WILL BE ENFORCED IN ALL OTHER CIRCUMSTANCES.

I HAVE READ THIS RELEASE, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME, AND I INTEND MY SIGNATURE TO CONSTITUTE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY THE LAWS OF THE STATE OF MAINE.

I HAVE NOT RELIED ON THE ADVICE OR INPUT OF ANY RELEASED PARTY ABOUT THE INTERPRETATION OR EFFECT OF THIS RELEASE, AND FURTHER ACKNOWLEDGE THAT NO RELEASED PARTY HAS THE AUTHORITY TO MAKE ANY REPRESENTATIONS CONCERNING THE INTERPRETATION OR EFFECT OF THIS RELEASE, OR TO VERBALLY LIMIT OR MODIFY ANY TERM OF THIS RELEASE, EITHER ORALLY OR IN WRITING.

I AM EIGHTEEN YEARS OF AGE OR OLDER.

I HEREBY EXECUTE THIS RELEASE FOR MYSELF AND FOR MY personal representatives, executors, administrators, heirs, beneficiaries, successors, assigns, spouse, parents, siblings, and children.