NOTICE: By accepting and wearing a Monterey Skates wristband, you are agreeing to the terms of this Wristband Waiver, Release of Liability, and Assumption of Risk.
Before participating in roller skating activities operated by Monterey Skates, LLC (“Monterey Skates”), all participants are required to accept the terms of this waiver. Acceptance is indicated by receiving and wearing a Monterey Skates wristband. No separate signature is required.
If the participant is a minor, the parent or legal guardian who authorizes the minor to receive and wear the wristband accepts this waiver on behalf of the minor.
Participation and Assumption of Risk
By wearing a Monterey Skates wristband, I acknowledge that I (or my minor child or dependent) have chosen to participate in roller skating activities (the “Activity”) provided by Monterey Skates.
I understand and acknowledge that roller skating is a strenuous and potentially hazardous activity involving inherent risks, both known and unknown. These risks include, but are not limited to, falls, scrapes, cuts, bruises, contusions, fractures, overexertion, paralysis, injuries resulting from weather conditions or uneven surfaces, lack of conditioning or fitness, contact with other participants, communicable diseases, and other risks that may result in serious injury, illness, permanent disability, or death.
I voluntarily and knowingly assume all such risks, whether or not specifically listed, and accept full responsibility for any injury, loss, or damage arising out of my participation in the Activity.
Medical Responsibility
I understand and agree that Monterey Skates does not provide medical care and assumes no responsibility for providing medical treatment during the Activity. I accept full financial responsibility for any medical care, treatment, transportation, or evacuation that may be required as a result of participation in the Activity.
Waiver and Release of Liability
By wearing a Monterey Skates wristband, I hereby release, waive, discharge, and covenant not to sue Monterey Skates, its owners, employees, agents, officers, volunteers, contractors, affiliates, and partners, including the Monterey County Fair and Events Center (collectively, the “Released Parties”), from any and all claims, demands, causes of action, injuries, damages, or liabilities of any kind arising out of or related to my participation in the Activity.
This release includes, to the fullest extent permitted by law, claims arising from the negligence of the Released Parties or other participants.
Indemnification and Hold Harmless Agreement
I agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from my participation in the Activity, including claims resulting from my own negligence or the negligence of any minor for whom I am responsible.
Binding Effect
I understand and agree that this Wristband Waiver, Release of Liability, and Assumption of Risk is binding upon me and my heirs, assigns, personal representatives, executors, administrators, and estate. In the event of my death or incapacity, this agreement shall remain fully enforceable.
Participant Representation
By wearing a Monterey Skates wristband, I represent that I am physically able to participate in the Activity and that I am legally competent to accept this agreement. I agree to comply with all posted rules, safety signage, verbal instructions, and customary practices associated with the Activity.
Photography and Media Release
I understand that photographs or video recordings may be taken during the Activity. To the fullest extent permitted by law, I grant Monterey Skates permission to use my likeness and/or name in promotional, advertising, or informational materials in any medium, worldwide, in perpetuity, without compensation or prior approval.
If I do not wish to be included in promotional media, I understand that I must notify Guest Services prior to participation.
Governing Law and Arbitration
This agreement shall be governed by and construed in accordance with the laws of the State of California. Any dispute arising out of or related to participation in the Activity or this agreement shall be resolved exclusively through binding arbitration in Monterey County, California, before a single arbitrator in accordance with the rules of the American Arbitration Association.
Severability
If any portion of this agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Any invalid provision shall be modified to the maximum extent permitted by law to carry out the intent of this agreement.