RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, AND VENUE RULES
WARNING: BY SIGNING THIS DOCUMENT (ELECTRONICALLY OR OTHERWISE), YOU ARE WAIVING SIGNIFICANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE TIM HORTONS ICEPLEX FOR NEGLIGENCE. READ CAREFULLY BEFORE SIGNING.
I, the undersigned adult participant, knowingly, willingly, and voluntarily agree to the following terms regarding my presence at and participation in on-ice activities at the Tim Hortons Iceplex (the "Facility"):
- Acknowledgment of Venue Provider Status and Fee Structure I acknowledge and agree that Tim Hortons Iceplex and its owners, operators, lessors, affiliates, management, and employees (collectively, the "Venue Parties") act strictly as a passive lessor and provider of the physical facility. The Venue Parties are not the sponsors, organizers, promoters, instructors, or supervisors of the specific event, league, or activity I am attending. I acknowledge that the third-party event organizer, league commissioner, or host (the "Group Organizer") exercises exclusive operational control over the supervision, rule enforcement, refereeing, and human management of the activity. Furthermore, I expressly acknowledge and represent that I have not paid an admission fee, entry fee, or use fee directly to the Venue Parties for access to the Facility. I acknowledge that any fees I have paid were submitted exclusively to the Group Organizer for the right to participate in their independently managed program, and that the Venue Parties operate as an out-of-possession landlord during the Group Organizer's rental period.
- Express Assumption of Inherent and Obvious Risks I understand that ice skating and adult ice hockey are inherently hazardous, high-impact activities. I expressly acknowledge that the physical and competitive nature of ice sports involves severe risks that cannot be eliminated regardless of the care taken by the Venue Parties or the Group Organizer. I fully comprehend and voluntarily assume all risks associated with my participation.
By freely assuming these known, obvious, and inherent risks, I acknowledge that the Venue Parties owe me no duty to protect me from the intrinsic dangers of this sport.
- Comprehensive Release of Liability and Waiver of Claims In consideration of being permitted to enter the Facility and participate in the activities hosted by the Group Organizer, I, on behalf of myself, my heirs, assigns, personal representatives, and next of kin, hereby EXPRESSLY WAIVE, RELEASE, AND FOREVER DISCHARGE the Venue Parties from any and all claims, demands, suits, causes of action, or liabilities of any kind, arising out of or related to any injury, disability, death, or loss or damage to person or property, CAUSED BY THE ORDINARY NEGLIGENCE OF THE VENUE PARTIES. This release includes, but is not limited to, claims alleging that the Venue Parties were negligent in the maintenance of the ice surface, the upkeep of the dasher boards or facility infrastructure, the provision of security, or the general operation of the physical premises. I understand that I am releasing the Venue Parties from liability for their own negligent acts. This release does not extend to acts of gross negligence, willful misconduct, or intentional torts committed directly by the Venue Parties.
- Indemnification I agree to indemnify, defend, and hold harmless the Venue Parties from any and all liability, damages, costs, or expenses (including reasonable attorneys' fees) arising out of any third-party claims brought against the Venue Parties as a result of my actions, physical altercations, conduct, or rule violations while participating in the activity at the Facility.
- Rules of Conduct, Severability, and Jurisdiction I agree to comply with all posted Facility safety rules and the direct instructions of the Group Organizer and event officials. I understand that reckless behavior or intentional misconduct aimed at injuring others falls outside the scope of acceptable participation and may result in immediate ejection from the Facility without refund. If any provision of this agreement is held to be invalid, void, or unenforceable under New York law (including, but not limited to, challenges under General Obligations Law § 5-326), I agree that the remaining provisions shall continue in full force and effect. This agreement shall be governed by and construed in accordance with the laws of the State of New York. Any legal action or proceeding arising out of or relating to this agreement or my participation in activities at the Facility shall be brought exclusively in the state courts located in the county where the Facility is situated, and I irrevocably consent to the jurisdiction and venue of such courts.
ELECTRONIC SIGNATURE AND CONSENT
[ ] I AGREE: By checking this box, I acknowledge that I am an adult of at least 18 years of age, that I have carefully read this Release of Liability, Waiver of Claims, Assumption of Risk, and Venue Rules in its entirety, and that I fully understand its terms. I understand that I am giving up substantial legal rights, including my right to sue the Venue Parties for their ordinary negligence. I am signing this agreement electronically on my own behalf, freely and voluntarily, and intend my electronic signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
Participant Printed Name: [ Text Box ] Date: [ Auto-fill Date ]