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Waiver and Release
In consideration of the opportunity to participate in ice skating and other related activities at LECOM HARBORCENTER (hereafter, the “Program”), I, on behalf of myself as participant (or as parent or legal guardian of the minor participant involved in the Program) (the “Participant”), hereby acknowledge and voluntarily agree as follows: 1. PARTICIPANT ASSUMES RISK. The Participant is aware of and understands the risks and dangers inherent in the Program including, but not limited to, ice skating, and the potential for injury, which could be serious, and agrees to assume all risk of and responsibility for personal injury, property damage, and wrongful death of the Participant while participating in the Program and all events and travel in connection therewith (including, without limitation, any such as may arise from the lack of skill of any participant, the improper conduct of any participant, or the negligence of any Releasee). 2. COVID-19. The Participant understands that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of myself and others while participating in the Program. The Participant shall comply with any and all procedures and policies of Releasees while participating in the Program. 3.RELEASE FROM LIABILITY AND COVENANT NOT TO SUE. The Participant, on his/her own behalf, and his/her respective personal representatives, executors, administrators, heirs, next of kin, and assigns hereby agree to release, waive, indemnify, forever discharge, covenant not to sue, and hold harmless Harborcenter Operating, LLC, Harborcenter Development, LLC, Pegula Sports & Entertainment, LLC, Topshelf Management, LLC and each of their respective sponsors, legal affiliates, partners, members, directors, officers, employees, agents, and independent contractors (collectively, the “Releasees”), from and against any and all claims, causes of action, liabilities, losses, damages, suits, and demands whatsoever (whether or not resulting from, or attributable to, the negligence of any Releasee) (collectively, “Losses”) on account of any personal injury, property damage, and wrongful death occurring in connection with the Program and all events and travel in connection therewith, specifically including (without limiting the generality of the foregoing) any personal injury or death as a result of exposure to COVID-19. 4.USE OF PHOTOGRAPHS, LIKENESS. Photographs and/or video may be taken of the Program by Releasees and/or their agents and other third parties (Releasees and/or their agents and other third parties are hereinafter collectively referred to as “Photographers”), which photographs and/or video may include the name, image, voice or likeness of Participant. The Participant grants to Photographers the right to take and use such photographs and/or video for promotional, commercial and other purposes, and the right to distribute such photographs and/or video to others for further use and distribution. The Participant shall not receive any compensation whatsoever for such taking, use, and/or distribution of the photographs and/or video. 5. CONSTRUCTION. This General Release is intended to be as broad and inclusive as permitted by the laws of the State of New York. In the event any portion of this General Release is held invalid, illegal, void, or unenforceable, the balance of this General Release shall, notwithstanding the foregoing, continue in full force and effect. Nothing herein shall be deemed to constitute an admission of any duty or liability on the part of any Releasee. THIS IS A RELEASE OF LIABILITY AND WAIVER. I HAVE READ THIS RELEASE OF LIABILITY, WAIVER, AND ASSUMPTION OF RISK. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I AM SIGNING THIS RELEASE OF LIABILITY, WAIVER, AND ASSUMPTION OF RISK VOLUNTARILY.
By checking this box, I, the Participant, or the parent or legal guardian of the minor Participant identified above, affirm that (i) I have carefully read and fully understand the General Release and all of its terms and provisions as set forth above