RELEASE OF LIABILITY AND WAIVER OF ALL CLAIMS BY PERSONS ENTERING THIS FACILITY

Participants and/or their parent(s) or guardian(s) understand, acknowledge, and agree that bumper cars are inherently dangerous. Participating bumper car rider assumes full responsibility for any risk of injury, property damage, or death while participating in activities at this establishment.

Participants and/or their parent(s) or guardian(s) hereby waive any and all claims including, but not limited to, bodily injury including death and property damage they may have against Fountain Square Management Group LLC and all sponsors for the ice rink establishment and their subsidiaries, affiliates, partners, officers, directors, employees, agents, and volunteers arising out of Participant’s use of the bumper cars and all surrounding areas.

Participants and/or their parent(s) or guardian(s) hereby release and hold harmless Fountain Square Management Group LLC and all sponsors of the ice rink establishment and their subsidiaries, affiliates, partners, officers, directors, employees, agents, and volunteers from any and all liability for any loss, damage, or expense that the Participants or their respective heirs, assigns and legal representatives may suffer as a result of Participant’s use of the bumper cars from any cause whatsoever, including but not limited to negligence or breach of contract on the part of Fountain Square Management Group LLC and all sponsors of the establishment, in the operation, supervision, design, and maintenance of all surrounding areas.

Participants agree to abide by the “Bumer Car Rules” as posted around the ice rink platform and will follow the instructions of the operating staff of the rink. Failure to follow these codes of conduct may result in the termination of Participant’s use of the bumper cars and the surrounding areas without refund.

Participant permits Fountain Square Management Group LLC to use any photographs, videotapes, recordings or any other records taken while on the premises for publicity, advertising, or any other legitimate purpose.

Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19

COVID-19 Warning

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Fountain Square Management Group (FSMG) has put in place preventative measures to reduce the spread of COVID-19; however, FSMG cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, utilizing this facility could increase your risk and your child(ren)’s risk of contracting COVID-19.

Acknowledgment of Risk

By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by utilizing this ice rink and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, facility employees and program participants.

Waiver & Release

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my or my child(ren)’s attendance or participation (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless FSMG, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of FSMG its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after utilizing this facility.