The undersigned hereby makes the following representations: (i) that the undersigned understands that the sport of curling is played on ice and requires physical fitness; (ii) that the undersigned possesses such physical fitness; and (iii) that the undersigned understands that the risks of participating in any curling activity could involve serious injury or death.
In consideration of being allowed access to the Ice House (as defined below) as a participant in any curling activity in the Ice House, I, the undersigned, for myself and my estate, successors, heirs, beneficiaries, administrators, trustees, representatives, and attorneys do hereby remise, release, acquit, and forever discharge (i) Rochester Curling Club, a New York corporation (the “Club”); (ii) the United States Curling Association, Inc. (“USCA”); (iii) the Grand National Curling Club of America (“GNCC”); (iv) the respective successors and assigns or each of the Club, USCA, and GNCC and (v) the respective employees, officers, members, volunteers and directors, but only while acting in their capacity as such, of each of the Club, USCA, and GNCC (collectively, the “Releasees”) from any and all actions, causes of action, claims, demands, and liabilities, both in law and equity for damages and any court costs and legal expenses and fees associated therewith in respect of physical, mental, and bodily injury occurring to me while participating in any curling activity in the Ice House prior to the Expiration Date (as defined below); provided, however, that in the event such injury was caused, in whole or in part, by the willful, intentional, reckless, or grossly negligent action or failure to take action of any Releasee, such Releasee shall not be so remised, released, acquitted, or discharged hereby; and provided, further, that nothing herein shall be deemed to limit or exclude any action, cause of action, claim, demand, liability, payment, reimbursement, other benefit, or any court costs or legal expenses and fees that I or my estate, successors, heirs, beneficiaries, administrators, trustees, representatives, or attorneys might have or seek against (a) the Club’s “Participant Medical Accident” insurance coverage, (b) any other participant participating in any curling activity in the Ice House, or (c) against any other person or entity other than a Releasee.
The Ice House shall mean the single room containing four sheets of ice in which the sport of curling is played in the building located at 71 Deep Rock Rd, Rochester, NY 14624 owned and operated by the Club. The Expiration Date shall mean the date which is one (1) calendar year after the date this Release is executed below.
1. I certify that I am at least eighteen (18) years of age and have the legal capacity to execute this Participant Release on my own behalf.
2. I hereby revoke any and all releases of liability, waivers, and indemnifications previously executed by me in favor of any of the Releasees.
Image Release
1. I consent to the Club and its agent or appointees:
a. photographing
b. video taping
c. filming
d. recording my voice
e. exhibiting, publishing and broadcasting my name or any photographs, video tapes, films or any other likenesses of me, or any sound recording of my voice in any promotion, reports, or advertising about or in connection with the Club.
2. I hereby waive the right to any payments or royalties in connection with the actions described in subparagraphs 1(a), (b), (c) and (d) above and in connection with any exhibition, publication or broadcast described in subparagraph 1(e) above, regardless of whether such exhibition, publication or broadcast is on a commercial basis and regardless of whether a fee or rental is charged or paid to anyone in connection with such exhibition, publication or broadcast.
BEFORE SIGNING BELOW, I WAS GIVEN THE OPPORTUNITY TO READ THIS PARTICIPANT RELEASE AND TO CONSULT WITH AN ATTORNEY AS TO ITS SIGNIFICANCE. BY SIGNING BELOW, I UNDERSTAND THAT I AM WAIVING SIGNIFICANT RIGHTS. I UNDERSTAND THE MEANING OF THIS PARTICIPANT RELEASE AND THE RIGHTS I AM WAIVING. NOTWITHSTANDING THE FOREGOING, I HAVE CHOSEN, OF MY OWN FREE WILL, TO EXECUTE THIS PARTICIPANT RELEASE.
