PLEASE READ THE FOLLOWING PARTICIPANT WAIVER AND RELEASE OF LIABILITY:PARTICIPANT WAIVER AND RELEASE OF LIABILITY For and in consideration of Pond Hockey LLC allowing the minor identified below (“Minor”) to participate in events organized by the company, including weekend ice hockey games (“Pond Hockey”); I, for myself, and on behalf of Minor, and the Minor’s parents/legal guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, agree to this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”).1. I hereby represent that (i) I am the parent or legal guardian of the Minor; (ii) the Minor is in good health and in proper physical condition to participate in ice hockey; (iii) the Minor understands that he/she is to discontinue activity at any time he/she feels undue discomfort or stress; and (iv) the Minor has indicated in the “Special Needs” section any health-related conditions that might affect his/her ability to play ice hockey and he/she will verbally inform Pond Hockey, LLC immediately. This can be done by contacting either of Pond Hockey LLC’s members, Cara Flod or Adam Flod (the “Flods”).2. I understand and acknowledge that Minor’s participation in all sports can be inherently dangerous and it is impossible to ensure the safety of all participating individuals. Ice hockey demands cardiovascular fitness, coordination, and agility. Although many risks can be avoided, I understand that not all risks can be. While playing ice hockey, accidents do happen. Some of these accidents may be minor like collisions with other players, collisions with the ice, and being struck by the puck. Other accidents may be more significant like collisions with the board or goal posts. Other injuries may also include:• minor injuries like scrapes, bruises, strains, blisters, and sprains;• more serious injuries liken broken bones, concussions, muscle tears, and ligament tears;• catastrophic injuries like cardiac arrest, and death.I understand that these risks may be caused in whole or in part by the Minor’s own actions or inactions, the actions or inactions of others participating individuals, acts or omissions of the Released Parties defined below, or other causes, and on behalf of the Minor, I hereby voluntarily assume all such risks and responsibility for any damages, liabilities, losses or expenses which may be incurred as a result of the Minor’s participation in Pond Hockey. I acknowledge that Minor is voluntarily assuming all of the inherent risks of the sport of ice hockey. 3. I understand that to reduce the risk of injury, Minor agrees to abide by all posted safety rules, and all rules common to the sport of ice hockey. Further, Minor agrees to report any unsafe practices, conditions, or equipment to Pond Hockey LLC via the Flods. I further understand that in the event of a medical emergency, Pond Hockey LLC will immediately notify the Minor’s parents/legal guardians and/or EMS to render assistance and that I will be financially responsible for any expenses involved.4. On behalf of myself and Minor, and the Minor’s parents/legal guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns, I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the following parties: Pond Hockey LLC, the Flods, their present and former affiliates, successors, volunteers, agents, assigns, and insurers (“Released Parties”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and attorney’s fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to the Minor’s (i) participation in Pond Hockey; (ii) use of any facility or equipment; or (iii) participation in the activity of ice hockey, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties. I further agree that if, despite this Agreement, the Minor, or anyone on the Minor’s behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which any may be incurred as the result of such claim. 5. I understand that Pond Hockey LLC, and the rinks in which Pond Hockey activities are held, has put in place new safety rules and precautions in order to mitigate the spread of COVID-19, which rules and precautions may be updated at any time. Minor agrees to comply with such rules and precautions, and I understand that failing to comply could subject Minor to permanent ejection from Pond Hockey activities. Further, by signing this Agreement, I acknowledge the contagious nature of COVID-19, assume the risk, and completely absolve Pond Hockey LLC, the Flods, their present and former affiliates, successors, volunteers, agents, assigns, and insurers, from any and all legal or financial responsibility, including, but not limited to, any personal injury or illness from exposure to COVID-19, whether such exposure occurs before, during, or after Minor’s participation in Pond Hockey activities.I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of the Minor, the Minor’s parents/legal guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. *
