OPEN RINK Disclaimer
By accepting below, I certify that I have read and agree to the below terms and conditions, and that I am over the age of 18.*
In consideration for being permitted to participate in the above-referenced Event (the “Event”), I agree to the following:
1. In connection with the Event and my participation therein, I assume full risk and responsibility for any death, disability, illness (including without limitation, COVID-19, any variation thereof, and any other pathogen) or bodily injury that I may suffer or contract, or damage to property that may be caused, arising from any cause whatsoever, or any death, disability, illness, or bodily injury or property damage to another person arising from my participation in the Event. I have considered all the risks involved, and I voluntarily choose to assume all such risks, both known and unknown, even those risks that result from the negligence of the Released Parties or others and assume full responsibility for my participation in the Event.
2. I forever discharge and release Top Cheez Hockey, LLC, R&R Productions, LLC, Hockey Night Insider, LLCand Top Cheez Swag! Clothing, LLC, each California and Colorado limited liability companies having a principal office at 6059 S. Yakima Street, Aurora, CO 80015, and each of their respective direct or indirect owners, officers, directors, managers, members, shareholders, employees, agents, affiliated entities, agencies, representatives, contractors, successors, assigns, subsidiaries, affiliates, partners, board members, commissioners, directors, officers, contractors, consultants, sponsors, subcontractors, independent contractors, and insurers (collectively the “Released Parties”) from any and all claims, losses, or damages directly or indirectly arising from any such death, disability, illness (including without limitation, COVID-19, any variation thereof, and any other pathogen, collectively “COVID-19”), or bodily injury or property damage, and any claim or legal action of any nature, known, or unknown, in law or inequity, which I or my heirs, legal representatives, executors, administrators, or any other person may make while acting on my behalf or on behalf of my estate in that regard.
3. Subject to and without limitation to the foregoing, I expressly acknowledge an inherent risk of exposure to COVID-19 and other illness causing pathogens exists in any place where people gather, including at the Event, and that no precautions can eliminate the risk of exposure to COVID-19 or other illness causing pathogens. COVID-19 and certain other illness causing pathogens can be extremely contagious and can lead to severe illness and death. While people of all ages and health conditions have been adversely affected by COVID-19, certain categories of people have been identified by public health authorities as having greater risk based on age and underlying medical conditions. I understand and acknowledge that such exposure or infection to COVID-19 or other illness causing pathogens may result in serious illness, personal injury, permanent disability, death, or property damage. I acknowledge that this risk may result from or be compounded by the actions, omissions, or negligence of others, including the Released Parties. I ACKNOWLEDGE THAT I AM VOLUNTARILY ENTERING THE PREMISES TO ENGAGE IN THE EVENT WITH KNOWLEDGE OF THE DANGER INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF PERSONAL INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE RELATED TO COVID- 19 OR OTHER ILLNESS CAUSING PATHOGENS, ARISING FROM MY BEING ON THE PREMISES OR ENGAGING IN THE EVENT, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE. I agree not to enter the Premises if I am experiencing symptoms of COVID-19, such as cough, shortness of breath, fever, difficulty breathing, chills, fatigue, muscle or body aches, headache, sore throat, congestion or runny nose, nausea or vomiting, diarrhea, new loss of taste or smell, have a confirmed or suspected case of COVID-19, or have come in contact in the last 14 days with a person who has been confirmed or suspected of having COVID-19.
4. I VOLUNTARILY ASSUME ALL RISK AND DANGER of personal injury (including death), sickness (including illness and other risks of exposure of COVID-19 or any other communicable disease or illness, or a bacteria virus or other pathogen capable of causing a communicable disease or illness), lost, stolen, damaged or confiscated property, and all other hazards arising from, or related in any way to, the Event, whether occurring prior to, during, or after the Event, however caused and whether by negligence or otherwise. I further hereby release (and covenant not to sue) each of the Released Parties with respect to any and all claims that I may have (or hereafter accrue) against any of the Released Parties and that relate in any way to (i) exposure to COVID-19 or other illness causing pathogens; (ii) entry into, or presence within or around, the Event (including all risk related thereto); (iii) compliance with any protocols or safety requirements applicable to the Event; (iv) my participation in the Event; or (v) any interaction between me and any person or any personnel of any of the Released Parties present at the Event, in each case whether caused by any action, inaction, or negligence of any Released Parties or otherwise, to the fullest extent permitted by law.
5. Participant acknowledges that the RELEASED PARTIES MAKE NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE EVENT and agrees that the Released Parties will not, under any circumstance, be liable for consequential, indirect, special or similar damages. I shall defend, indemnify, and hold harmless the Released Parties against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, arising out of or resulting from, in whole or in part, my participation in the Event, including without limitation while preparing for, participating in and/or traveling to or from the Event, and any claim of a third party related to COVID-19 or other illness causing pathogens due to my engaging in the Event, whether arising from negligence of the Released Parties or otherwise, to the fullest extent permitted by law.
6. I hereby grant to the Released Parties and each of their respective direct or indirect owners, officers, directors, managers, members, shareholders, employees, agents, affiliated entities, agencies, representatives, contractors, successors, assigns, subsidiaries, partners, board members, commissioners, directors, officers, contractors, consultants, sponsors, subcontractors, independent contractors, and insurers, the worldwide right in perpetuity to use my name, my voice, and/or my picture in any broadcast, telecast, advertising, promotion, or other account of the Event in any form and for any legitimate purpose, without compensation or approval, and without obligation to use. I further grant and authorize to the Released Parties, the absolute right and permission to edit, alter, copy, copyright, use, reproduce, exhibit, publish, distribute and make use of any and all photographs, videos, photographic portraits or pictures, videotapes, motion pictures, sketches, recordings or any other graphic or digital reproductions of me, to be used in and/or for any and all promotional materials, including but not limited to, newsletters, flyers, posters, brochures, advertisements, campaigns, fundraisers, fundraising letters, annual reports, press kits and submissions to journalists, websites, social media/networking sites, any and all print and digital communications, and for any other lawful purpose whatsoever, without payment or any other consideration. This authorization extends to all languages, media, formats, and markets, now known or hereafter devised. This authorization shall continue worldwide and in perpetuity.
7. I release and transfer forever without reservation and without compensation or consideration: (i) all rights in and to my participation in the event and the reproduction or other transcriptions of the event by video, film, or any other methods, and (ii) the use of my name, picture, portrait, likeness or identification in all media and modes of advertising or promotion of or by the Released Parties and their respective designees, for or in connection with the Event and for any other purpose.
8. I agree to be contacted by and receive marketing and other communications from the Released Parties and their respective designees via the contact information provided below (including, without limitation, via the email address provided). I agree that my personal information may be used and shared by Released Parties for purposes including advertising, promotion, analytics and as otherwise provided in our Privacy Statement, as may be updated from time to time.
9. By participating and attending the Event I agree not to at any time make, publish, or communicate to any person or entity or in any public forum any defamatory or disparaging remarks, comments, or statements concerning the Event, the TOP CHEEZ Swag!® brand, the Released Parties or their respective businesses, products, or services, now or in the future.
10. This agreement constitutes the sole and entire agreement of the Released Parties and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. I agree that this Consent, Release and Participation Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of California and Colorado, and further agree that if any portion hereof is held invalid, the balance shall nevertheless continue in full legal force and effect. This Consent, Release and Participation Agreement is binding on and shall inure to the benefit of the Released Parties and me and our respective successors and assigns.
11. In the event of a dispute between the Released Parties and myself, such dispute shall be governed by, construed, and enforced in accordance with the laws of the State of California and Colorado, without regard to its conflict of laws principles.
