PARTICIPANT RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT REGARDING PALMER CURLING CLUB
In consideration of the services of Palmer Curling Club (an Alaskan nonprofit corporation), its participants, members, agents, owners, operators, stockholders, officers, organizers, directors, volunteers, independent contractors, employees, instructors, related and subsidiary companies, sponsors, vendors, rental facilities, insurers, attorneys, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as “Palmer Curling Club”), I hereby agree to remise, release, acquit, and forever discharge Palmer Curling Club on behalf of myself, my parents, my heirs, assigns, successors, beneficiaries, trustees, attorneys, personal representatives, and estate as follows:
1. Inherent Risks: I specifically understand and acknowledge the following:
The sport of curling (“Curling”) is played on ice, which is slippery, hard, and dangerous, and Curling requires physical fitness, and Curling and traveling on ice entails known, unknown, and unanticipated risks may (1) physical, mental, emotional, or other bodily injury, (2) death, or (3) damage to myself, to property, or to third parties. The enjoyment and excitement of Curling is derived in part from the inherent risks created by the activity beyond the accepted safety of life at home or in my normal day-to-day activities; these inherent risks contribute to my enjoyment and excitement and are an integral reason I am participating in Curling. The risks simply cannot be eliminated without jeopardizing the essential qualities of Curling. Although safety gear may prevent or lessen injuries in some instances, any use of safety gear is not a guarantee of safety and injury may still occur. Curling poses a direct risk of suffering serious head injury or death should I fall, trip, or stumble onto the ice or other surface. Although it is strongly advised that I wear a helmet at all times while Curling, I am solely responsible for obtaining and properly using a helmet.
The inherent risks associated with the Curling include, but are not limited to the following:
a) Executing strenuous and demanding physical techniques;
b) Strenuous cardiovascular activity; exerting and stretching various muscle groups;
c) Being struck by a broom, brush or curling stone;
d) The failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment; physical contact with other participants, coaches, spectators, equipment and vehicles; running or sliding on the ice surface (which may contain bumps, cracks, standing or open water and other potential hazards);
e) Slipping or falling while delivering the curling stone, skipping or sweeping;
f) Slipping or falling because of slippery ice, or uneven or irregular surfaces; stepping onto the ice surface from the walkway or onto the walkway from the ice surface;
g) Travel to and from Curling events, which are an integral part of the organization’s activities;
h) Strains, sprains, aches, pains, overexertion, exhaustion, hypothermia; frost bite, dehydration;
i) Unfamiliarity with the equipment; improper technique or inexperience;
j) Failing to follow instructions, ignoring rules, regulations or other safety precautions;
k) Failure for Palmer Curling Club to supervise or train;
l) Premises or facilities defects and hazards;
m) The actions, the failure to act, or the negligence of others (including, but not limited to participants, volunteers, spectators, coaches, instructors, and trainers); and
n) All other risks inherent to Curling and traveling on ice.
I understand that my participation specifically involves the inherent risk of death, mild to serious brain, neck and spinal injuries resulting in complete or partial paralysis, unconsciousness, stroke, heart attack, and injury to teeth, bones, tendons, ligaments, joints, and muscles.
I will inspect the facilities used by the Palmer Curling Club immediately upon entering. I further understand and agree that promise entering into such facilities constitutes an acknowledgement that I find and accept facility as being safe and reasonably suited for the purposes of such observation, participation, or other use.
I represent that I am voluntarily observing or participating in Palmer Curling Club activities and am using equipment with full knowledge of all potential dangers. I assume full responsibility for myself and all my actions while participating with the Palmer Curling Club.
I understand and expressly acknowledge that I have responsibilities, including the responsibility for my own safety, while engaging any of the activities associated with or provided by the Palmer Curling Club. I also acknowledge that I have the responsibility to inspect all facilities and equipment to be used or rented. I will immediately advise the Palmer Curling Club of anything that I consider to be unsafe, and I will not participate in any activities with the Palmer Curling Club that I believe are unsafe. I acknowledge that I might not be familiar with the equipment being used, and that I or other participants may use such incorrectly. Such improper use may include, but is not limited to, the failure to observe and obey all safety rules or instructions associated with the facilities and Curling.
Furthermore, the Palmer Curling Club, and its instructors, coaches, employees, volunteers, agents, facility operators, etc. have difficult tasks to perform, and are not infallible. They may be ignorant of my or another participant’s fitness or abilities. They may give inadequate warnings or instructions, and the equipment they use, recommend, provide, or rent to me might malfunction or be poorly maintained.
I expressly acknowledge that the use of drugs or alcohol during my observation or participation in all activities
associated with the Palmer Curling Club is done at my own peril and is not condoned, encouraged, or excused by the
Palmer Curling Club in any way.
I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my use of or participation in Palmer Curling Club’s equipment, rentals, or activities.
2. Express Assumption of Risk: I expressly agree to accept and assume all risks existing in this activity of observing or participating in Curling. This means that I am not just assuming the inherent risks of the activity, but rather I am assuming all risks of the activity, even if they are not expressly stated in this document. I expressly agree and acknowledge that the terms and conditions of this Participant Agreement Regarding Palmer Curling Club (hereinafter “Participant Agreement”) are contractual in nature; I am signing it of my own free will; and I elect to participate in spite of the risks. I agree and understand that this is a purely voluntary, unnecessary activity for me, and even if I do not (or claim that I do not) have knowledge of a particular risk, this express agreement to assume all risks whether known or unknown to me is intended to defeat all claims I might have against the Palmer Curling Club.
3. Release and Waiver of Rights Including Claims of Negligence: I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless the Palmer Curling Club 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 Palmer Curling Club’s equipment or the facilities used by the palmer curling club, INCLUDING ANY SUCH CLAIMS WHICH ALLEGE ANY THEORY OF NEGLIGENCE INCLUDING NEGLIGENT ACTS OR OMISSIONS OF THE PALMER CURLING CLUB. What I am agreeing to in this clause is that, beyond the legal application of the inherent risk and assumption of the risk provisions, this separate provision means I am waiving all claims I might have against the Palmer Curling Club sounding in negligence. I agree that the specific risks of death, injury or other property damage are clear and unambiguous to me and that, even if a specific mechanism of injury is not listed in this document it is my express agreement not to hold the Palmer Curling Club liable for negligence related to my death or injury or any other style of damage.
4. Indemnity: Should the Palmer Curling Club or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this Participant Agreement, then I agree to indemnify and hold them harmless for all such fees and costs. In other words, I agree to pay for all such attorney’s fees and costs.
5. Personal Skill & Insurance: I agree that I have sufficient skill and fitness to participate in Curling, and that I have no medical or physical conditions that could interfere with my safety or my ability to participate in Curling, or else I am willing to assume and bear the cost of all risks directly or indirectly created by any such condition. I further agree that I have adequate insurance to cover any injury, damage to property, or emergency transportation costs I may cause or suffer while observing or participating, or else I agree to pay all costs of such injury, damage to property, or emergency transportation.
6. Medical Issues: I agree that if the Palmer Curling Club deems it necessary to administer emergency first aid, Cardiopulmonary Resuscitation (“CPR”), Automated External Defibrillator (“AED”), or to transport me away from the premises, or to seek other emergency medical care for me, then, by signing this document, I give the Palmer Curling Club express authority to: administer emergency first aid, CPR, AED, secure emergency transport or medical care, and disclose any of my medical information to any health related person or provider; I waive any right to object to or to bring any claim or action against the Palmer Curling Club for its administration for such care, transport, or disclosure.
7. Contract and Personal Capacity Release: I agree and acknowledge (1) that the terms and conditions of this Participant Agreement are contractual in nature, and that I am signing it of my own free will; (2) that this Participant Agreement applies to each and every visit to a Palmer Curling Club event and all Palmer Curling Club equipment use or activities in which I observe or participate from the date of my signature; and I further there are no impediments or reasons why I would lack capacity to enter into this contract with the Palmer Curling Club.
8. Forum, Severability, Breach of Contract, Warranty Waiver: If I file a lawsuit against the Palmer Curling Club, I agree to do so solely in the Third Judicial District of the State of Alaska at Palmer, and submit to such jurisdiction. I further agree that the substantive law of Alaska will only apply without regard to the conflict of law rules. I agree that this Participant Agreement is intended to be as broad and inclusive as is permitted by the law, and if this document is found to be void or unenforceable, then the remaining portions shall remain in full force and effect. I agree that this document will not be construed against the Palmer Curling Club as the draftsperson. This document constitutes the entire agreement between myself (and those claiming through me) and the Palmer Curling Club, and it cannot be modified or waived in any way by any representations or statements (oral, written, or otherwise). In other words, I waive any claims I might have for breach of contract or warranty for statements or representations made outside of this Participant Agreement.
By signing this document, I acknowledge that if anyone is injured or killed or that if property is damaged during my observation or participation with the Palmer Curling Club’s activities, equipment, or facilities, then a court may find that I waived my right to maintain a lawsuit or to recover damages against the Palmer Curling Club.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT, ALL THREE (3) PAGES. I HAVE READ AND UNDERSTOOD IT AND I AGREE TO BE BOUND BY ITS TERMS.