WAIVER AND RELEASE
MEDIA: The Packer Pelikings chess team has my permission to use my or my child’s photograph publically to promote chess tournaments. I understand that the images may be used in print/online marketing materials and social media. I also understand that no royalty, fee or other compensation shall become payable to me by reason of such use.
ADULT SUPERVISION: All children under 16 must be supervised by a parent or guardian. The Packer Pelikings and/or Packer does not provide supervision between games. Please do not bring outside food or beverages into the facilities to participate in a chess tournament (the "Activity").
I enter into this Building Use Waiver Release (Agreement) in favor of Brain Food Chess (the "Organizer"), the Packer Pelikings chess team and The Packer Collegiate Institute (together, “Packer” or the "Releasee") on behalf of myself, my family, and heirs, and any other friends under my supervision for the privilege to use the facility located at 170 Joralemon Street, Brooklyn, NY 11201.
<b>Waiver and release of all claims (including negligence)</b>
In consideration for use of the facility, I waive and release the Releasee, its agents, servants, employees, insurers, successors and assigns from all claims, demands, causes of action, damages or suits at law and equity of whatsoever kind, including but not limited to claims for personal injury, property damage, medical expenses, loss of services, on account of or in any way related to or growing out of my presence at the facility or use of the facility and/or equipment. This waiver and release is intended to and does release the Releasee from any and all liability for damages or injuries on account of or in any way related to or growing out of my negligence, the negligence of third parties and Packer’s negligence, including but not limited to negligence in the construction, maintenance and upkeep of the facility and its equipment, negligence in training or negligence in supervision.
Knowing the dangers, hazards, and risks of such activities, and in consideration for being permitted to participate in the Activity, on behalf of myself, my family, and heirs, I (we) agree to assume all the risks and responsibilities surrounding my child’s participation in the Activity, and in advance, release, waiver, forever discharge and covenant not to sue Packer, its governing board, officers, agents, and employees from and against any and all liability for any harm, injury, damage, claims, demands, actions, causes of action, costs and expenses of any nature that we may have or that may be sustained by my child, whether caused by the negligence or carelessness of the Releasees, or otherwise, while participating in this Activity.
I further covenant and agree not to institute any claims or legal action against the Releasee for any claim released by this Agreement. I further agree that should any claim be made against the Releasee in contravention of this Agreement, including but not limited to derivative claims, I will protect, defend and completely indemnity (reimburse) the Releasee for any such claim and expenses including attorney’s fees and costs incurred by Packer in defending themselves or security indemnity hereunder.
1. I recognize that some areas of facility are not supervised, and I use the facility (including premises and equipment) entirely at my own risk.
2. I understand that Packer is not responsible for any lost or stolen valuables or property from within the facility.
3. While at the facility, I agree to conduct myself in a responsible manner and will refrain from engaging in inappropriate conduct, including the use of loud, foul, slanderous language or any intimidating or offensive conduct that would interfere with the peaceful use and enjoyment of the facility by other users.
4. I state that there are no health-related reasons or problems which preclude or restrict my child’s participation in the Activity, and that I have adequate health insurance necessary to provide for and pay any medical costs that may be necessary as a result of any injury to my child.
5. I acknowledge that I have received and read a copy of the current rules and regulations governing the use of the facility. I agree that I will fully comply with all rules and regulations and with any amendments.
6. I further agree that this Agreement shall be construed in accordance with the laws of the State of New York. If any term or provision of this Agreement shall be held illegal, unenforceable or in conflict with any law governing this Agreement, the validity of the remaining portions shall not be affected thereby.
I have read the Agreement and understand that by checking the acknowledgement box that I have consented to be bound by its terms, including the waiver/release of any legal right I may have to sue Packer for any costs they incur because a claim or legal action is brought in violation of this Agreement. I agree any violation of the Agreement and its terms and conditions, as determined by Packer, will void and terminate this Agreement and may result in loss of the ability to use the facility. *
