Participant Waiver and Release of Liability
LYSANDER YOUTH HOCKEY, INC.
d/b/a Three Rivers Athletic Complex
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In consideration of being allowed to participate in any way as a ‘Participant and/or Competitor’ in collaboration with Lysander Youth Hockey, Inc. and other related events and activities. I, the undersigned, acknowledge, appreciate, and agree that:
1. The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death, also including viral infections, bacterial infections and other communicable diseases and illnesses, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; and
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown of my participation in the any program hosted at Three Rivers Athletic Complex at 2725 W. Entry Road, Baldwinsville, New York (the “Facility”), EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERS, AND ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION; AND,
3. I willingly agree to comply with the stated and customary terms and conditions for participation in any program hosted at the Facility. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official or staff member immediately; and,
4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, IDEMNIFY, AND HOLD HARMLESS, Lysander Youth Hockey, Inc., their officers, officials, agents and/or employees, other participants, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the event (collectively, “Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, VIRAL INFECTIONS, BACTERIAL INFECTIONS, AND OTHER COMMUNICABLE DISEASES AND ILLNESSES, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by the law.
5. I understand and acknowledge that alcohol may be provided by, and/or available at the Facility. I acknowledge, agree and understand that it is my responsibility to make certain that I follow all laws and ordinances at all times while at the Facility, including, but not limited to, laws and ordinances regarding public consumption of alcohol and public intoxication. I further understand that Releasees do not allow intoxication or the consumption of alcohol in violation of applicable laws and ordinances. I acknowledge, agree and understand that should I become intoxicated or consume alcohol in violation of any applicable law or ordinance, I am expressly doing so at my own risk and Releasees assume no liability for any civil or criminal violation or damages that may be assessed against me as a result. I acknowledge that my consumption of alcohol is solely at my own risk and therefore I hereby unconditionally and forever release, discharge and agree to indemnify, defend and hold harmless the Releasees from any and all claims, judgments, costs, damages, losses, expenses and liabilities (whether under contract, warranty, tort (including negligence (whether active, passive or imputed), strict liability, product liability or any other theory) relating to any claim I or a third party may now or later have with respect to any death, personal injury, property damage, pecuniary or other loss, damage, cost or expense (collectively, "harm") that may be suffered by me or any third party as a result of my consumption of alcohol and/or my presence at the Facility and/or participation in any event, even if such harm is caused solely by the recklessness, negligence or fault of one or more of Releasees.
6. Arbitration: In further consideration of allowing me to participate in the aforementioned activities, I hereby agree to submit to bind arbitration any and all claims, which I believe I may have against the facility arising from my activities at the facility. The arbitration shall be pursuant to the rules of the American Arbitration Association. The arbitrators shall apply the Federal Rules of Evidence to all proceedings.
Arbitration shall be commenced within six (6) months from the date on which any alleged claim first arose. Further, the arbitration shall be held in the town where Lysander Youth Hockey, Inc. is located, unless otherwise mutually agreed to by all the parties. The Submission to the American Arbitration Association shall be unlimited and the arbitration award may be enforced by any court of competent jurisdiction.
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I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT AN INDUCEMENT. BY TYPING MY NAME BELOW THAT WILL ACKNOWLEDGE THE WAIVER AND RELEASE OF LIABILITY.
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