Please fill in the information below to complete your liability waiver for The Wharf's Ice Skating Rink.
Please note that you must be at least 19 years old in order to sign a liability waiver. If you are not 19 years old, please ask your parent or legal guardian to complete this process.
One waiver is required per skater over the age of 19.
Additional minor skaters, up to 4, may be added to any parent/legal guardian waiver.
WAIVER AND RELEASE
I acknowledge that I have voluntarily requested that I, or my minor child, be allowed to participate in ice skating that is conducted or facilitated by Wharf Retail Properties, LLC (hereinafter referred to as the “Recreational Activity”). I am voluntarily participating in the Recreational Activity or requesting that my minor child be allowed to participate in the Recreational Activity, with the knowledge of the numerous risks and dangers involved, including but not limited to: negligence in the conduct or operation of the Recreational Activity in any respect from the inception to completion; negligence with regard to equipment selection or maintenance; physical exertion for which I am not prepared; physical exertion for which my minor child is not prepared; forces of nature; collision with other participants; exposure to bacteria, viruses, or other pathogens from other participants or employees; and accident or illness without access to means of rapid evacuation or availability of medical supplies.
I acknowledge that the enjoyment and excitement of the Recreational Activity is derived in part from the inherent risks associated with the activity, and that these inherent risks contribute to such enjoyment and excitement for me and/or my minor child, which is reason for participation in the Recreational Activity by me or my minor child, I hereby agree to be responsible for my own welfare and that of my minor child and, on behalf of myself and my minor child, I accept all risks of injury, emotional trauma or death that my result from participation by me or my minor child in the Recreational Activity.
I hereby irrevocably and unconditionally release, discharge, and agree not to sue or bring any other legal action against Wharf Retail Properties, LLC, its employees, agents, or affiliates (the “Released Parties”) with respect to any and all claims and causes of action of any nature, whether currently known or unknown, which I have or which could be asserted on my behalf in connection with my participation in the Recreational Activity, including but not limited to claims of negligence, product liability, or wantonness. I hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liability, cost, expense or damage of any kind or nature whatsoever and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, my participation in the Recreational Activity. Such obligation on my part shall survive the period of my participation in the Recreational Activity. I consent to allowing my Personal Information to be used to contact me with newsletters, marketing or promotional materials and other information that may be of interest to me.
I consent to receive first aid, medical and/or surgical treatment, or any other services rendered to me in the event of an injury, accident, or illness I incur during my direct or indirect involvement with the Recreational Activity. I agree and acknowledge that the Released Parties are under no obligation to provide such medical treatment. I acknowledge that any injuries that I sustain may be compounded by negligent first aid or emergency response of the Released Parties or other individuals or medical or emergency personnel.
I agree that the substantive laws of the State of Alabama shall govern this Agreement and any dispute, regarding this Agreement or otherwise between me, or the minor participant, and Released Parties. Venue of any suit shall lie exclusively in the Circuit Court of Baldwin County, Alabama or the United States District Court for the Southern District of Alabama.
I have read the foregoing Waiver and Release Agreement; understand that I will give up substantial rights by signing it; sign it freely and without any inducement or assurance of any nature not stated herein; intend it to be a complete and unconditional release, assumption of risk and indemnity to the greatest extent allowed by law; and agree that if any portion of this Agreement is held invalid that the remainder shall continue in full force and effect. No oral representations, statements, or inducements, apart from the foregoing written Agreement have been made. This Agreement contains the entire agreement between the parties.
I hereby grant permission to the rights of my image, likeness and sound of my voice as recorded on audio or video tape without payment or any other consideration.
I agree this electronic signature is the legal equivalent of my manual signature on this Waiver.
