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<br />PARTICIPANT AGREEMENT, RELEASE, AND ASSUMPTION OF RISK <br /> <br />In consideration of the services of Ollie & Co. Indoor Skate Park, Inc., their agents, owners, officers, volunteers, <br />participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter <br />collectively referred to as "US"), I hereby agree to release, indemnify, and discharge US, on behalf of myself, my <br />spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows: <br /> <br />1. I acknowledge that skateboarding, in-line skating and/or riding BMX bicycle at a skate park entails known and <br />unanticipated risks that could result in physical or emotional injury, paralysis, death or damage to myself, to <br />property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the <br />essential qualities of the activity. <br /> <br />The risks include, among other things: Collision with other participants, the walls and other fixed objects; falling <br />down; my own equipment; failure or the failure of other's equipment; my own or others negligence; and objects <br />or conditions on the surface that may cause me fall; broken bones, sprains, head and back injuries, abrasions, <br />and bruises. <br /> <br />Furthermore, US employees have difficult jobs to perform. They seek safety, but they are not infallible. They <br />might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental <br />conditions. They may give incomplete warnings or instructions, and the equipment being used might <br />malfunction. <br /> <br />2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in <br />the activity is purely voluntary, and I elect to participate in spite of the risks. <br /> <br />3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless US from any and all <br />claims, demands, or causes of action, which are in any way connected with my participation in this activity or my <br />use of US's equipment or facilities, including any such claims which allege negligent acts or omissions of US. <br /> <br />4. Should US or anyone acting on their behalf, be required to Incur attorney's fees and costs to enforce this <br />agreement, I agree to Indemnify and hold them harmless for all such fees and costs. <br /> <br />5. I certify that I have adequate insurance to cover any Injury or damage I may cause or suffer while participating, <br />or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the <br />risk of any medical or physical condition I may have. <br /> <br />6. In the event that I file a lawsuit against US, I agree to do so solely in the state of Minnesota, and I further agree <br />that the substantive law of Minnesota shall apply in that action without regard to the conflict of laws/rules of that <br />state. I agree that If any portion of this agreement Is found to be void or unenforceable, the remaining document <br />shall remain in full force and effect. <br /> <br />By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation In <br />this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against US on the <br />basis of any claim from which I have released US herein. I have had sufficient opportunity to read this entire <br />document. I have read and understood it, and I agree to be bound by its terms. <br /> <br />Signature of ParticiDant <br /> <br />Print Name <br /> <br />Address <br /> <br />City <br /> <br />State <br /> <br />Zip <br /> <br />Phone Number(s) <br /> <br />Date <br /> <br />PARENT OR GUARDIAN'S ADDITIONAL INDEMNIFICATlON(Must be completed for participants under age 18)ln <br />consideration of (print minor's name) ("Minor"), being permitted <br />by US to participate and to use its equipment and facilities, I further agree to indemnify and hold harmless US <br />from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with <br />such use or participation by Minor. <br /> <br />Signature of Parent or Guardian <br /> <br />Printed Name of Parent or Guardian <br /> <br />Date <br /> <br />/f <br />