Assumption of Liability, Waiver and Release
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) The Finger Lakes Curling Club, a NY entity (FLCC) and volunteers from other clubs assisting the FLCC; (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 FLCC, USCA, and the Community Recreation Center (CRC) and (v) the respective employees, officers, and directors, but only while acting in their capacity as such, of each of the FLCC, USCA, and CRC (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 there with 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 FLCC’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 1767 East Shore Drive, Ithaca, NY. The Expiration Date shall mean the date which is one (1) calendar year after the date this Release is executed below. 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.
I hereby revoke any and all releases of liability, waivers, and indemnifications previously executed by me in favor of any of the Releasees.
I agree to grant the FLCC and its authorized representatives permission to photograph my participation. I agree that any or all of the material photographed may be used, in any form, on the FLCC’s website, social media sites, or printed materials used to promote the FLCC, and further that such use shall be without payment of fees, royalties, special credit or other compensation.
Communicable Disease Requirements
I agree to strictly follow all rules and procedures from time to time established by the FLCC to reduce the risk of exposure to communicable diseases. I also understand that there is no guarantee that rules or procedures adapted and applied by the FLCC in an effort to reduce the risk of exposure to COVID-19 and other communicable diseases will fully protect me against the transmission of such diseases.
