Pacific Skate School, LLC

LIABILITY and LIKENESS WAIVER and RELEASE

While we always try our best to be safe, and to have fun, the purpose of this document is to ensure that you are aware and understand that there are dangers and risks inherent to skateboarding, and the instruction and other activities to be engaged in by you and Pacific Skate School, LLC (“Pacific Skate School”), and to confirm that you knowingly and voluntarily waive, release, and forever discharge Pacific Skate School and any of its employees, agents, contractors, sponsors, and anyone else affiliated with all such activities, from any liability for any loss or damage to property, and personal injury of any nature including death, which may result from your participation in the skateboarding, related instruction, or related activities (collectively the “Activities”). The purpose of this document is also to confirm your acknowledgment that the Activities may be recorded, and that you grant to Pacific Skate School and its licensees the right to use your likeness as recorded in connection with the Activities in connection with the promotion and advertisement of Pacific Skate School, the Activities, and as part of any services and products commercially exploited by Pacific Skate School. PLEASE READ THE FOLLOWING CAREFULLY. If you have any questions, have them answered before signing this document.

1. LIABILITY WAIVER and ASSUMPTION OF RISK:

  1. By signing below, I assume full responsibility for any injuries or damages resulting from my participation in the Activities including responsibility for using reasonable judgment in all phases of participation of the Activities, and travel to and from Activity locations. I recognize and understand that the activities may be hazardous, that my participation is solely at my own risk, and that I assume full responsibility for any resulting injuries and damages.
  2. I affirm that I am in good health, and further that I am physically fit and capable to participate in such activities. I acknowledge that it is the recommendation of Pacific Skate School that I obtain general medical/health insurance if I am not already covered. I also understand that this waiver of liability and release binds my heirs, executors, administrators, and assigns as well as myself.
  3. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Pacific Skate School, or the employees, representatives or agents of Pacific Skate School.
  4. I recognize that there are inherent risks associated with the Activities and I assume full responsibility for personal injury to myself and (if applicable) my family members, and to the fullest extent allowable by law I hereby release and discharge Pacific Skate School and any of its employees, owners, affiliates, agents, contractors, and the owners or managers of any properties where the Activities take place, for and against any and all injury, loss, damage or other expense (including attorneys' fees) arising out of the Activities, whether or not on, in, or using any facilities or equipment of Pacific Skate School, and whether or not caused by the fault of myself, my family, Pacific Skate School, or any other third parties. This release does not extend to any injury or damage caused exclusively by the sole gross negligence or willful misconduct of Pacific Skate School.

2. INDEMNITY:
I agree to indemnify and defend Pacific Skate School against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's participation in the Activities or use of or presence upon the facilities or equipment of Pacific Skate School or utilized by Pacific Skate School.

3. NAME AND LIKENESS RELEASE
I hereby grant Pacific Skate School the right to use and allow others to use my name, voice and likeness (as embodied in any materials recorded by or on behalf of Pacific Skate School in connection with the Activities, or provided by me to Pacific Skate School in any media or format), in connection with the Activities, publicity for the Activities, publicity and advertisement of Pacific Skate School, and in connection with any products or services commercially offered or exploited by or on behalf of Pacific Skate School in any manner throughout the world in perpetuity. I hereby waive any right that I may have to inspect or approve any finished product or any advertising copy that may be used in connection therewith or the use to which it is applied. I hereby warrant that I have the right to make this release. I hereby assign all right, title, and interest I may have in any and all media in which any or all of my appearance, name, voice or likeness have been captured in connection with the above to Pacific Skate School.

4. MEDICAL TREATMENT AUTHORIZATION
In connection with any injury that I may sustain or other medical conditions I may experience during my participation in or attendance at the Activities, I authorize any emergency first aid, medication, medical treatment or surgery deemed necessary by the attending medical personnel if I am not able to act on my own behalf. I further authorize the attending medical personnel to execute on my behalf any permission forms, consents, or other appropriate documents relating to medical attention and to act on my behalf if I am not able or immediately available to do so.

5. MISCELLANEOUS

  1. This document/agreement shall be interpreted and enforced under California law. Any action or proceeding arising from this agreement may be brought and maintained only in the courts located in Los Angeles County, California, and the Parties hereby submit to the jurisdiction of said courts.
  2. The parties agree that the transmission of a faxed or emailed signature of this document/agreement shall have the same legal force and effect as receipt of an original signature.
  3. The prevailing party in any action or proceeding arising from this document/agreement shall be entitled to the recovery of attorneys' fees and costs reasonably incurred in connection therewith, including fees, costs and other expenses incurred in connection with collection and/or the enforcement of any judgment or award.
  4. This document is the entire agreement between the Parties respecting the subject matter hereof, and may be amended only in writing executed by all of the Parties.
  5. I represent and warrant that I have been advised to and have been provided the opportunity to seek the advice of independent legal counsel in connection with the preparation and execution of this agreement. I agree and acknowledge that I am under no pressure or duress to sign this agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that Pacific Skate School has offered to refund any fees I have paid (if any) to use its facilities or to engage in any of the Activities if I choose not to sign this agreement.
  6. This agreement shall be binding on the Parties and on each of their agents, representatives, attorneys, executors, shareholders, directors, officers, managers, employees, affiliates, successors, and assigns.
  7. If any provision of this document is held unenforceable or invalid for any reason, the remaining provisions shall be unaffected by such a holding. This agreement shall not be construed against or in favor of any party due to which party's attorney may have drafted this agreement in whole or in part.

6. SIGNATURES/AUTHORIZATION
By signing below, I represent and warrant that I HAVE READ AND HAVE UNDERSTOOD THIS DOCUMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY it, that I am authorized and free to enter into this agreement, and that doing so will not violate the rights of any other individual or entity.


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Date: 21.03.2023

Time: 2:32 PM

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IF THE PERSON EXECUTING THE RELEASE IS A MINOR, THE FOLLOWING SECTION MUST BE COMPLETED:
I hereby consent to the participation of the above Participant in the Activities, including but not limited to skateboarding classes, lessons, clinics, and related educational instruction, and agree on behalf of the above minor to all of the terms and conditions set forth above. By signing this Release of Liability, I represent that I am a parent or guardian of the Participant and I hereby agree that we both shall be bound by the above.


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Date: 21.03.2023

Time: 2:32 PM


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