PARTICIPANT WAIVER, RELEASE OF LIABILITY, RELEASE OF CLAIMS, AND INDEMNIFICATION AGREEMENT
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS IS A LEGALLY BINDING DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS.
ASHEVILLE YARDS: Ninja Brewing Inc. d/b/a Asheville Pizza & Brewing Co. and Asheville Yards, LLC
FACILITY: Asheville Yards, 75 Coxe Avenue, Asheville, North Carolina 28801
REFUNDS: There will be no refunds.
Acknowledgment of Risks
The inherent risk of injury from activities at the Facility is significant, including but not limited to the potential for minor injury, serious injury, permanent disability, paralysis, death, and severe social and economic losses. While particular rules, equipment, and personal discipline may reduce these risks, and only I know whether I have the skill and ability to safely participate in any activity at the Facility. I further acknowledge that such risks exist regardless of my age, health, or experience level.
These inherent risks may include, but are not limited to:·
- Falls, collisions, and contact with other participants, spectators, or objects
- Hazards at the Facility, both natural and man-made
- Wet and/or slippery surfaces throughout the Facility
- Medical conditions, even those previously unknown or dormant·
- Actions or inactions of other participants, Facility staff, Facility employees, Facility contractors, and volunteers, including but not limited to their negligence
- Lack of, or inadequate, first aid or medical care, and
- Equipment condition, failure, or malfunctionI understand that these risks may be caused by my own actions or inactions, the actions or inactions of others, the conditions at the Facility or equipment, or otherwise.
I further acknowledge that there may be other risks not known or not reasonably foreseeable at this time. I further acknowledge that Asheville Yards has made no representation or warranty to me as to the condition or safety of the Facility or any structures or equipment on or about the Facility.
Assumption of Risk
I knowingly and freely assume all such risks, both known and unknown, foreseen or unforeseen, and whether arising directly or indirectly from my participation in activities and/or use of any equipment, supplies, and/or materials at the Facility, even if arising directly or indirectly from the negligence of Asheville Yards or others, and assume full responsibility for my participation, to the fullest extent permitted by law.I willingly agree to comply with the stated and customary terms and conditions for participation in activities at the Facility. If, however, I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such hazard to the attention of the nearest Asheville Yards employee immediately.
Release of Liability and Claims
To the fullest extent permitted by law, I, for myself and on behalf of my heirs, assigns, personal representatives, and next of kin, hereby irrevocably and unconditionally release, discharge, and covenant not to sue Ninja Brewing Inc. d/b/a Asheville Pizza & Brewing Co., Asheville Brewing Properties, LLC, Asheville Yards, LLC, 75 Coxe Properties, LLC, their related entities, and all such entities’ employees, officers, agents, partners, members, managers, officials, participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of the Facility (collectively, “Releasees”), from any and all claims, demands, losses, damages, suits, causes of action, and expenses (including attorneys’ fees and costs) of any kind, known or unknown, foreseen or unforeseen, existing or hereafter arising, that result from or relate, directly or indirectly, to my participation in activities at the Facility or my presence at the Facility, including but not limited to those arising from the negligence of the Releasees. This release applies to personal injury, property damage, wrongful death, or any other loss, damage, or expense that I, my heirs, executors, administrators, personal representatives, or assigns may suffer.
Indemnification
I agree to indemnify, defend, and hold harmless the Releasees from and against any and all liabilities, claims, demands, losses, damages, costs, and expenses (including attorneys’ fees and costs) that the Releasees may incur directly or indirectly as a result of my participation in activities at the Facility, including but not limited to any claims brought by third parties (including but not limited to my family members, estate, or any other person or entity acting on my behalf) arising out of my acts, omissions, or negligence, or any breach of this Agreement by me, to the fullest extent permitted by law.
Additional Acknowledgments and Policies
Property Damage Responsibility: I agree to be personally responsible for any damage to property or equipment at the Facility caused by my actions, negligence, or failure to follow posted rules. I authorize Asheville Yards to charge me for repair or replacement costs resulting from such damage.
Right to Remove Participants Without Refund: Asheville Yards reserves the right to remove or deny participation to any individual who fails to comply with safety rules, instructions, or policies, without refund or compensation.
Drug and Alcohol Policy: I understand that anyone who appears to be under the influence of drugs or alcohol will not be permitted to participate in any activities at the Facility.
Weather or Closure Policy: Asheville Yards reserves the right to close or delay activities due to inclement weather or other conditions deemed unsafe by Asheville Yards, in Asheville Yards’ sole and absolute discretion. No refunds or credits will be issued in such cases.
Medical Fitness Acknowledgment: I understand that participation in ice skating and related activities requires physical exertion that may aggravate existing injuries or medical conditions. I affirm that I am physically able to participate and will notify Facility staff of any medical concerns before participation.
Lost or Stolen Property Disclaimer: Asheville Yards is not responsible for loss, theft, or damage to personal property brought into the Facility. I acknowledge and agree that I am fully and solely responsible for my personal property and belongings which I bring into the Facility and Asheville Yards will not be responsible for or provide any security for my personal property and belongings.
Agreement to Follow Rules: I agree to follow all rules set by Asheville Yards and to require that any minor child or ward also follow all such rules. I further acknowledge and agree that Asheville Yards reserves the right, in its sole and absolute discretion, to deny me from participating in any activities at the Facility for failure to abide by any rules or for any other reason. I understand that failure to follow rules could result in property damage and personal injury, including death, and that I will be responsible for the replacement cost of any damaged, destroyed, or lost property.
Photo, Video, and Media Release
I understand that Asheville Yards may from time to time photograph, video-record, or otherwise capture images or audio of participants while at the Facility or participating in activities or programs. I hereby grant Asheville Yards, and their agents or assigns, the irrevocable right and permission to use my name, likeness, image, voice, and appearance, as well as those of my minor child(ren), as such may be embodied in any photos, video recordings, digital images, or other media taken or made on behalf of Asheville Yards.
I agree that such images and recordings may be used for any lawful purpose, including but not limited to: (1) marketing, promotional materials, advertising, social media, or website content; and (2) internal purposes such as staff training, operational review, safety monitoring, and security. I waive any right to compensation, inspection, or approval of the finished product or any use to which it may be applied. All such media shall be the exclusive property of Asheville Yards and may be used, reproduced, or distributed without restriction. I hereby represent that it is not necessary for Asheville Yards to obtain permission from, or to pay, any third party in connection with the rights granted in this section.
This consent is binding upon me, my heirs, legal representatives, and assigns. If the participant is a minor, I represent that I am the parent or legal guardian of the participant and have full authority to grant this release on their behalf.
Severability
I agree that if any portion of this Agreement is found to be unenforceable or invalid, the remaining portions shall remain in full force and effect to the fullest extent permitted by law.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict-of-laws principles. Any claim, dispute, or cause of action arising out of or related to this Agreement, or the Facility, shall be submitted to the exclusive jurisdiction of the state or federal courts located in Buncombe County, North Carolina, and I hereby waive any objection to venue or jurisdiction therein.
FOR PARTICIPANTS AGED 18 OR OLDER
I certify that I am 18 years of age or older and that I have read this Participant Waiver, Release of Liability, Release of Claims, and Indemnification Agreement in its entirety, fully understand its terms, understand that I have given up substantial rights by signing it, and agree to be legally bound by all of its terms and conditions. I sign this Agreement freely and voluntarily without any inducement, coercion, or promise.
FOR PARENTS OR GUARDIANS OF MINOR PARTICIPANTS
I am the parent or legal guardian of the minor participant named below. I have read and understand this Agreement and, on behalf of myself, my heirs, assigns, next of kin, and the minor participant, I agree to be bound by its terms. I give my consent for the minor participant to participate in activities at the Facility and accept all risks on their behalf. I further agree to indemnify, defend, and hold harmless the Releasees from any and all claims, demands, losses, damages, suits, causes of action, and expenses (including attorneys’ fees and costs) of any kind that may arise, directly or indirectly, from the minor participant’s participation in activities at the Facility, including those arising from the negligence of the Releasees, to the fullest extent permitted by law.