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TOOKEY HOCKEY LIABILITY WAIVER
TOOKEY HOCKEY LLC
RELEASE, ASSUMPTION OF RISK & INDEMNITY AGREEMENT
In consideration of the enrollment and participation of the participant being registered (“Participant”) in the Tookey Hockey LLC Adult Hockey clinic program, which includes hockey on ice instruction, and any off-ice activities at the Reno Ice facility (collectively referred to as “Activities”), I the Participant, agree as follows:
1. Release. Participant hereby waives, releases, relinquish and discharge Tookey Hockey LLC and any other ice arenas or facilities at which the Activities take place, together with their agents, employees, officers, owners, operators, instructors, coaches, managers, promoters, sponsors, trainers, other participants, volunteers, and contractors (“Instructors”), on behalf of the Participant, and their children, parents, heirs, executors, administrators and assigns, from and against any and all claims for liability and causes of action, including for personal injury, property damage or loss, or wrongful death occurring to Participant, arising out of or related to participation in or attendance at the Activities, whenever or however they occur and for such period as the Activities may continue.
2. Assumption of Risk. Participant acknowledges, understands and assumes all risks relating to the Activities, and understands that the Activities involve risks to the Participant’s person including bodily injury, partial or total disability, paralysis and death, and associated damages and that Participant understands these risks. Participants acknowledge that these risks and dangers may be caused by the negligence of the Participant or the negligence of others, including the Instructors and that there may be risks and dangers not known or not reasonably foreseeable at this time. Participants acknowledge, understand and assume the risks, if any, arising from the conditions and use of ice hockey rinks, training facilities and other premises used for the Activities and acknowledge and understand that they are assuming the risk of and are waiving the right to bring any cause of action (including any cause of action based on negligence) arising from the performance, or failure to perform, maintenance, inspection, supervision or control of such areas and for the failure to warn of dangerous conditions existing at such rinks or facilities, for negligent selection of Instructors, or negligent supervision or instruction by Instructors. Participants acknowledge, understand and agree that all of the risks and dangers described throughout this agreement, including those caused by the negligence of Participant and/or others, are included within the release set forth in Paragraph 1 above.
3. Indemnification. Participants agree that if (i) any claim Participant’s personal injuries, property damage or wrongful death is commenced against Instructors; or (ii) a third party asserts a claim of personal injury, property damage or wrongful death against Instructors arising from any act or omission of Participants; then Participants shall defend, indemnify and hold harmless Instructors from and against any and all such claims or causes of action, by whomever or wherever made or asserted, for damages arising from or related to Participant’s or such third party’s personal injuries, property damage or wrongful death and all costs associated with such claims or causes of action, including attorneys fees.
4. Acknowledgments & Use of Name and Image. Participants acknowledge and agree that (i) they have been provided sufficient opportunity to read this agreement; (ii) they understand this agreement; (iii) they are fully advised of the dangers of the Activities; (iv) participation in the Activities is voluntary; (v) they agree to be bound by the terms of this agreement; and (vi) Participant does not have any medical, physical or emotional condition that may result in injury or harm to Participant or any other party participating in the Activities. Participants agree that Participant’s name and image may be used in perpetuity in photographs, motion picture films, television broadcasts, and/or in any radio broadcasts covering or promoting the Activities or the Tookey Hockey program, without payment to Participant in connection therewith.
5. Miscellaneous. This agreement shall be subject to and governed by the applicable laws of the State of Nevada, without giving effect to the principles thereof relating to conflicts of laws. Participant irrevocably agrees that any legal action, suit or proceeding brought by them or on their behalf in any way arising out of this agreement must be brought solely and exclusively in Washoe County, Nevada and they irrevocably submit to the sole and exclusive jurisdiction of the federal and state courts in Nevada in personam, generally and unconditionally with respect to any action, suit or proceeding brought by them against the Instructors. In the event that any provision of this agreement conflicts with the law under which this agreement is to be construed or if any such provision is held invalid or unenforceable by a court with jurisdiction, such provision shall be deemed to be restated to reflect as nearly as possible the original intent in accordance with applicable law. The remaining provisions of this agreement and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision shall be valid and enforceable to the full extent permitted by law. The paragraph headings used herein are for reference and convenience only and shall not be considered in the interpretation of this agreement.
6. COVID19 Liability Release Waiver. I am fully and personally responsible for my own safety and actions while and during my participation with Tookey Hockey Adult Clinic. I recognize that I may be, in any case be at risk of contracting COVID-19. With full knowledge of the risks involved I hereby release, waive, discharge the Tookey Hockey LLC, it's Board, officers, independent contractors, affiliates, employees, representatives, successors, and assigns from any and all liabilities, claims, demands, actions, and cause of action whatsoever, directly or indirectly arising out of or related to any loss, damage, injury, or death, that may be sustained by me related to COVID-19 while participating in any activity while in, on, or around the premises or while using the facilities that may lead to unintentional exposure of harm to COVID-19. I agree to indemnify, defend, and hold harmless Tookey Hockey LLC from and against any and all costs, expenses, damages, lawsuits, and/or liabilities or claims arising whether directly or indirectly from or related to any and all claims made by or against any of the released party due to injury, loss, or death from or related to COVID-19.
I have read this RELEASE, ASSUMPTION OF RISK & INDEMNITY AGREEMENT and agree to comply with the word and the spirit of the document. My electronic acceptance, verified during registration, serves as a written signature.