The individual named below (referred to as "I" or "me") desires to participate in “Sunset Skate at Sawyer Point” (the “Activity”) in partnership with Skate Downtown Cincy, and the Cincinnati Parks Foundation, an Ohio non-profit corporation, located at 421 Oak Street, Cincinnati, Ohio (the "Foundation"). As lawful consideration for being permitted by the Foundation to participate in the Activity, I agree to all the terms and conditions set forth in this agreement (the "Agreement"). I understand that the Foundation is relying on the statements provided herein in allowing me to participate in the Activity, and I certify that these statements are true and accurate.
I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS AN INHERENTLY DANGEROUS AND HAZARDOUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY AND/OR ILLNESS AND/OR DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER AND HAZARD INVOLVED AND HEREBY AGREE TO EXPRESSLY AND SPECIFICALLY ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, ILLNESS, DEATH OR PROPERTY DAMAGE RESULTING FROM THE ACTIVITY, WHETHER CAUSED BY THE NEGLIGENCE OF THE FOUNDATION OR ANY RELEASEES OR OTHERWISE. I AGREE AT ALL TIMES TO USE EXTREME CAUTION AND CARE IN PROTECTING MYSELF AND MY PROPERTY FROM ACCIDENT, DAMAGE OR BODILY INJURY WHICH MAY RESULT FROM ANY SUCH RISK ASSOCIATED WITH THE ACTIVITY.
I hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against the Foundation, and its members, officers, directors, employees, agents, attorneys, volunteers, vendors, contractors, affiliates, shareholders, and their respective successors and assigns (collectively, "Releasees"), arising out of or attributable to my participation in the Activity, whether arising out of the negligence of the Foundation or any Releasees or otherwise. I covenant not to make or bring any such claim against the Foundation or any other Releasee, and forever release and discharge the Foundation and all other Releasees from liability under such claims.
I further hereby knowingly, intelligently, and voluntarily agree to forever release, discharge, defend, indemnify, and hold harmless, the Foundation and the Releasees from any and all fault, negligence, liabilities, costs, claims, actions, damages, demands, penalties, lawsuits and expenses (including but not limited to attorneys’ fees, expert witness fees and court costs), whether caused by the negligence of the Foundation or any Releasees or otherwise, arising out of, resulting from or in any way related to: (i) any physical, mental or emotional injury or illness (including death) to me or others; or (ii) any damage to my property or the property of others, before, during, and after my participation in the Activity. I hereby release and forever discharge the Foundation from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment, or service rendered in connection with my participation in the Activity.
I further hereby grant and convey unto the Foundation all rights, title and interest in and to any and all photographs, audio recordings and/or video recordings taken of me in connection with the Activity, including my name, likeness and voice, as well as any testimonial statements made by me (“Publicity Items”), including but not limited to, any royalties, proceeds, or other benefits derived from such Publicity Items, and I hereby consent and authorize the Foundation and any of its subsidiaries, and anyone else they may authorize, to use the Publicity Items and any reproduction of them in any form, for the purpose of publicizing, promoting and advertising the Foundation’s activities in any media now known or later developed, in perpetuity and throughout the world. I acknowledge that I will receive no fee for the use of my name, statements and Publicity Items as set forth herein. I further acknowledge that the Foundation is the owner of all rights in and to the photograph(s), motion picture(s) and video(s) of my image described above.
This Agreement constitutes the sole and entire agreement of the Foundation and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Foundation and me and our respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Hamilton County, Ohio, and I hereby consent to the exclusive jurisdiction of such courts.
BY SIGNING, I ACKNOWLEDGE THAT I AM AT LEAST 18 YEARS OLD AND OF SOUND MIND AND HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE FOUNDATION.