Rainbow Dome - RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK
By voluntarily participating in roller skating and/or roller blading activities (the “Activities”) operated by Rainbow Dome, LLC, a Colorado limited liability company located at 2600 W 2nd Ave Unit 10, Denver, Colorado 80219 (the “Company”), I and/or my child as applicable (collectively I, me, or my) agree and acknowledge the following:
1. I am aware that the Activities involve certain inherent dangers, including but not limited to the hazards of roller skating and/or rollerblading; physical exertion; consumption of alcoholic beverages of any kind; high-altitude conditions; accidents; and actions of participants and other persons.
2. I acknowledge that I am aware of the rules of the roller skating rink as made available by the Company and fully understand those rules. I understand that while participating in the Activities, I will follow the rules of the roller skating rink and all applicable laws and safe, responsible roller skating and/or roller blading practices.
3. I understand that the Company will provide roller skates and roller blades (“Equipment”) as necessary for the Activities, and I accept that the Equipment is in reasonably good condition. I accept that, while I am using the Equipment, the Company will keep and safely store my shoes, which will be returned to me only when I return the Equipment to the Company. I understand that I am responsible for any such Equipment during the Activities and that I must return the Equipment at the end of the Activities in the same condition that I received it. I agree not to leave the premises with the Equipment. If the Equipment I am using is damaged or stolen during the Activities, I understand that I will compensate the Company for damage to the Equipment or theft of the Equipment up to the full value of the damaged or stolen Equipment. I authorize the Company to charge any such fee for stolen or damaged Equipment to the card on file for my reservation at the rink.
4. I am fully aware that the Activities may involve the consumption of alcohol, and, regardless of whether or not I consume alcohol myself, I am aware that the risks, hazards, and dangers of the activity will be multiplied by the consumption of alcohol by myself and other participants, and assume the risks of and legal responsibility for any losses, damages, or injuries found to result from the factor of alcoholic consumption, whether or not caused by the negligence of the Company and the Released Parties, as defined below.
5. I understand that it is not the function of the Company and its employees or contractors to serve as guardians of my safety.
6. I understand that any information I provide to the Company relating to my identity, personal data, or payment for the Activities will be kept confidential and will not be sold or disclosed to third parties. I recognize that the Company may periodically send me physical mail or emails and that I may opt out of receiving such correspondence at any time.
7. I hereby grant the Company the unconditional rights to use any images taken of me during the Activities for promotional, educational, or other commercial use without requiring the Company to notify me, seek my permission, or owe me any form of compensation. I understand these images will be used in an appropriate and respectful manner. I understand that Rainbow Dome will not publicly display any images of minors that are taken during the Activities for any purpose.
8. I freely and voluntarily accept all risks of injury, death, or property damage. I understand and agree that none of the parties described below may be held liable in any way for any occurrence or accident in connection with the Activities. I hereby RELEASE from any and all liability the Company, its employees, its contractors, its officers, volunteers and agents, their respective successors and assigns, and sponsors and supporters (collectively, the “Released Parties”), against all claims, including, but not limited to, claims of negligence, unintentional acts, and acts of omission, and any personal injury, loss or expense, which may arise from my participation in the Activities. Further, I hereby RELEASE the Released Parties from any claim whatsoever that arises out of or relates to any first aid, treatment, or other service rendered to me in connection with my participation in the Activities. I understand that I am responsible for my own conduct and decisions while participating in the Activities and further agree that this Waiver & Release shall apply to any claim arising out of my participation in non-skating activities while a participant in the Activities.
9. This Waiver & Release is intended to be binding upon me, my family, my heirs, my estate, my legal representatives, and assigns. I understand that the terms of this document are contractual and not a mere recital.
10. I acknowledge and understand that this Waiver & Release is intended to be as broad and inclusive as permitted by the State of Colorado, and that this Waiver & Release is governed by and interpreted in accordance with the laws of the State of Colorado, without regard for any conflict of laws provisions. If any provision of this Waiver & Release is held to be invalid or unenforceable by any court of competent jurisdiction, the invalidity or unenforceability of such provision will not otherwise affect the remaining provisions of this Release which will continue in full force and effect.
11. I have executed this Waiver & Release as of the date written below after having carefully read its contents. I am aware that I am giving up legal rights by signing this Waiver & Release and that I have no obligation to participate in the Activities or sign this Waiver & Release. I hereby represent, warrant, and certify that I am at least 18 years of age.
If I am executing this Waiver & Release on behalf of a child, I further hereby represent, warrant, and certify that I am the parent and natural guardian, or legal guardian, of the child named below and am acting in such capacity when executing this Waiver & Release. I shall indemnify and hold harmless the Released Parties from all liability, loss, cost, claim, or damage whatsoever that may arise due to any defect in or lack of my capacity to act as parent and natural guardian or legal guardian of the child named below.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS WAIVER & RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.
IF I AM SIGNING ON BEHALF OF A CHILD, I AM STATING THAT I AM THE PARENT OR LEGAL GUARDIAN OF THE MINOR NAMED BELOW. I HAVE THE LEGAL RIGHT TO CONSENT, AND BY SIGNING BELOW, I HEREBY CONSENT TO THE TERMS AND CONDITIONS OF THIS WAIVER & RELEASE.