PUCKHEAD HOCKEY CLUB WAIVER
PUCKHEAD HOCKEY ACCIDENT / INJURY WAIVER READ CAREFULLY BEFORE SIGNING! In consideration of being allowed to participate in any way in the PUCKHEAD HOCKEY program, and related events and / or activities of the PUCKHEAD HOCKEY program, (here forward referred to as “the program) I do hereby acknowledge, appreciate, and agree that:
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
- The risk of injury from the activities involved in this program is SIGNIFICANT and may include the potential for permanent paralysis and or death. While following program rules, equipment requirements, and personal discipline may reduce this risk, the risk of serious injury does always exist; and,
- I knowingly and freely assume all risks, both known and unknown that may arise as a result of my participation in the program, EVEN IF that risk does arise from my personal negligence or the negligence of others; and,
- I willingly agree to comply with the stated rules of the program as well as any customary terms and conditions for participation in the program. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such concerns to the attention of the nearest official or managing partner of the program immediately; and,
- I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS PUCKHEAD HOCKEY CLUB as well as their officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the event (“Releasees”), with respect to any INJURY, DISABILITY, DEATH, LOSS, or DAMAGE to any person, persons or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
- Arbitration: In further consideration of allowing me to participate in the aforementioned activities, I hereby agree to submit to binding arbitration any and all claims, which I believe I may have against the facility or the program arising from my activities at the facility. The arbitration shall be pursuant to the rules of the American Arbitration Association. The arbitrators shall apply the Federal Rules of Evidence to all proceedings. Arbitration shall be commenced within one (1) year from the date on which any alleged claim first arose. Further, the arbitration shall be held in the town where the Arena is located, unless otherwise mutually agreed to by all the parties. The submission to the American Arbitration Association shall be unlimited and any court of competent jurisdiction may enforce the arbitration award.
ICE DEN WAIVER
Assumption of Risk
In consideration of being permitted to participate in skating and hockey related activities at the Ice Den Scottsdale and Ice Den Chandler, I hereby agree to the following:
- I understand and appreciate that there are risks of serious personal injury in connection with participating in skating and ice hockey and voluntarily assume and accept those risks. I unconditionally release, waive and covenant not to sue Coyotes Ice, LLC (“ Ice Den Scottsdale”), Coyotes Ice 2, LLC (“Ice Den Chandler”), and any of their affiliates and subsidiaries, their promotional sponsors and advertisers, and their agents, servants and employees from any and all suits, claims and demands of any kind for personal injuries, property damage, including but not limited to lost, stolen or damaged goods, that I may sustain while participating in hockey, skating and all related activities at the Ice Den Scottsdale and Ice Den Chandler.
- Consent to Treat: I certify that, as parent or guardian of said participant, I give my consent to Ice Den staff to obtain medical care from any licensed physician, hospital, or clinic for said participant, for any injury that could arise from participation in any activities at Ice Den Scottsdale or Ice Den Chandler.
- Consent to Use of Image: I hereby give my consent to Coyotes Ice, LLC and Coyotes Ice 2, LLC to use my image/likeness for the purpose of inclusion in any publications or videos related to Ice Den Scottsdale or Ice Den Chandler.
COVID19 RELEASE OF LIABILITY
ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY COVID19 / NOVEL CORONAVIRUS
Each of the undersigned, on behalf of itself, themselves and each minor child of the undersigned, (collectively, the “Participant”) has requested access as a guest to the Ice Den Scottsdale (located at 9375 E Bell Rd, Scottsdale, AZ 85260) and / or Ice Den Chandler (located at 7225 W Harrison St, Chandler, AZ 85226) (collectively, the “Ice Dens”), which are owned and operated by Coyotes Ice, LLC and Coyotes Ice 2, LLC, respectively (collectively referred to as “Owner”). The Participant is voluntarily entering the Ice Dens to utilize the facilities or participate in activities there. But for signing this COVID-19 Waiver/Release, Owner would not grant Participant access to the Ice Dens. Participant shall adhere to all rules and instructions of entry and use of the Ice Dens that may be expressed, posted, or provided by or on behalf of Owner (including any employee or representative) to Participant at any time prior to or during access to the Ice Dens as well as all applicable laws, ordinances, and regulations, including but not limited to proper separation and social distancing.
Participant acknowledges that the State of Arizona, including the cities/towns where the Ice Dens are located, is experiencing the COVID-19 pandemic (“COVID19”). COVID19 is a respiratory disease which has been spreading around the world. Information and guidelines regarding use and access of facilities such as the Ice Dens is changing and being updated daily and it is the responsibility of the Participant to make informed choices and to take precautionary measures to protect themself and others. More information is available at www.coronavirus.gov and www.cdc.gov/coronavirus/2019 as well as through other local and national resources.
Participant hereby acknowledges that he/she/it is aware of COVID19 and assumes all risks arising from exposure to it. Participant further acknowledges that the Ice Dens cannot guarantee that Participant will not be exposed to and/or will not become infected with COVID-19, and that such exposure or contraction Coronavirus may result in personal injury, illness, disability and/or death. Participant further acknowledges that other people including, but not limited to, Owner and its employees and guests, may enter the Ice Dens prior to, at the same time or after Participant, which may increase the risk of exposure of COVID19 to Participant. Owner has not and expressly does not make and Participant is not relying upon any representation or warranty, expressed or implied, that the Ice Dens or any employees, patrons, guests or employees are free from COVID19 or that any particular precautions, actions, preventions or disinfecting has occurred or if it has, is or may not be effective in the prevention of COVID19 or the exposure thereto. Participant agrees that it will not enter or shall promptly leave the facility if he/she/it has COVID19 or other symptoms of influenza-like illness and shall notify Owner (or an employee) of such symptoms. Owner reserves the right to refuse entry by Participant based upon information received from Participant or upon guidelines provided by governmental authorities, CDC, medical advisers or other industry recommendations or governmental requirements or otherwise pursuant to its own guidelines, regulations, or independent determination.
Participant hereby voluntarily acknowledges and assumes all risks related to COVID19. Participant hereby waives, releases, covenants not to sue, discharges and agrees to indemnify, defend and hold harmless Owner and each of its affiliates, partners, members, managers, employees, representatives and agents (“Owner Parties”) for, from and against any and all liability, claims, causes of action, damages, losses, cost, expense, illness, injuries, and death (“Claims”) arising out of or related to COVID19 and/or the access to or use of the Ice Dens by Participant. Participant acknowledges and agrees that this waiver, release, and indemnification acknowledgment includes any and all Claims related to or arising from any actions or omissions (including the negligence of) by the Ice Dens and/or Owner. If requested, prior to and as a condition of entering the Ice Dens, Participant shall accurately and honestly complete, execute and deliver a health disclosure form related to COVID19 as provided by Owner and acknowledges that Owner is relying on the information provided in the heath disclosure in granting such access.
DEFENSE IS OUR BEST OFFENSE