PARTICIPANT AGREEMENT, WAIVER OF GIFT SKATEBOARDING LIABILITY, AND ASSUMPTION OF RISK BY YOU THE PARTICIPANT OR THE PARENT OR LEGAL GUARDIAN OF ANY MINOR PARTICIPANT:
I hereby agree to waive any and all liability, indemnify, discharge and hold harmless Gift Skateboarding Inc, their officers, directors, agents, staff, volunteers, participants on behalf of myself, my children, my parents, my heirs, assigns, personal representative, or estate and acknowledge the following:
Skateboarding, in-line skating, rollerskating, BMX bicycling, scooters, and related activities herein defined as "Action Sports" are inherently dangerous activities. Participation in action sports including mere presence or observing whether or not actually participating carries a serious risk of injury or even death. Gift Skateboarding requires the use of a helmet for all participants under the age of fourteen years, and for all action sports other than skateboarding. Gift Skateboarding recommends the use of helmets, pads, and any other safety equipment appropriate for said activities. Failure to use safety equipment may increase your risk of injury. The risks include, but are not limited to: collisions, my own equipment failure or the failure of others' equipment; my own or others' negligence; objects or conditions that may cause me to experience serious injury and even death. I expressly agree and promise to accept and assume all of the risks of this activity. My participation is purely voluntary, and I elect to participate with full knowledge of the risks and waiver Gift Skateboarding of liability for those risks.
1. Gift Skateboarding hereby invokes any and all limitations of liability that may exist under current statutory law and Appellate Law Interpretation of Kentucky.
2. Any person who participates in or assists in skateboarding, inline skating, scooters, rollerskating, or freestyle or BMX bicycling assumes the known and unknown inherent risks in these activities irrespective of age, and is legally responsible for all damages, injury, or death to himself or herself or other persons or property which result from these activities. Any person who observes skateboarding, inline skating, scooters, rollerskating, or BMX bicycling assumes the known and unknown inherent risks in these activities irrespective of age, and is legally responsible for all damages, injury, or death to himself or herself which result from these activities.
3. While engaged in skateboarding, inline skating, scooters, rollerskating, or freestyle or BMX bicycling, irrespective of where such activities occur, a participant is responsible for doing all of the following:
(a) Acting within the limits of his or her ability and the purpose and design of the equipment used.
(b) Maintaining control of his or her person and the equipment used.
4. Refraining from acting in any manner which may cause or contribute to death or injury to himself or others. Failure to comply with the requirements of this paragraph shall constitute negligence by you the participant.
I hereby voluntary release, forever discharge, and agree to indemnify and hold harmless Gift Skateboarding from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Gift Skateboarding's equipment or facilities, including any such claims which allege negligent acts or omissions of Gift Skateboarding. IN THE EVENT LITIGATION ARISES OUT OF OR RELATING TO GIFT SKATEBOARDING'S ENFORCEMENT OF THIS WAIVER, OR IF ANY LEGAL ACTION IS INITIATED BY YOU ARISING OUT OF OR RELATED TO THIS WAIVER, YOU AGREE THAT GIFT SKATEBOARDING WILL BE ENTITLED TO RECOVER ITS REASONABLE ATTORNEYS' FEES, COSTS AND EXPENSES INCURRED IN INVESTIGATING, PREPARING FOR, PROSECUTING, DEFENDING AGAINST OR OTHERWISE LITIGATING ANY SUCH ACTION. I further certify that I am willing to assume the risk of any medical or physical condition I may have. In the event that I file a lawsuit against Gift Skateboarding, I agree to do so solely in the state of Kentucky, County of Henderson in a court of competent jurisdiction. I further agree that the substantive law of the State of Kentucky shall apply in that action. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. I am signing this document and I acknowledge that if anyone is hurt or property is damaged upon entering Gift Skateboarding or during my participation in this activity, I acknowledge my intention is to have waived my right to maintain a lawsuit against Gift Skateboarding. Further, I may in fact owe to Gift Skateboarding the reimbursement for Attorney Fees and costs incurred by Gift Skateboarding. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
By signing this document, I acknowledge that if I am hurt, anyone else is hurt, or property damage results as a result of my entering Gift Skateboarding or during my participation in any activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Gift Skateboarding on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
Any participant under eighteen years of age is considered a minor, and will require a parent or legal guardian to complete and sign this document on behalf of the participant.
In consideration of ("Minor") being permitted by Gift Skateboarding to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless Gift Skateboarding from any and all Claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.