The undersigned, being a parent or legal guardian of the minor curler (“Minor”) indicated below, hereby makes the following representations: (i) that the undersigned is legally responsible for the Minor and legally empowered to act for, on behalf of, and to execute this Participant Release and thereby bind the Minor; (ii) that the Minor will comply with the rules and regulations of the Buffalo Curling Club, Inc. (the “Club”); (iii) that the undersigned understands that curling and all related activities, including but not limited to off-ice warm-ups, practices, events, training sessions, instructions, competitions, and travel to or from Club-sanctioned events (collectively, "Curling Activities") require physical fitness; (iv) that the Minor possesses such physical fitness; and (v) that the undersigned acknowledges and understands that participation in Curling Activities involves inherent risks, including slips, falls, collisions, injuries from equipment, exposure to cold temperatures, which may result in serious physical or bodily injury, permanent disability, or death, and voluntarily assumes and accepts such risks on behalf of the Minor.
In consideration of the Minor being allowed access to the Buffalo Curling Club facility located in Erie County, New York (the "Facility") as a participant in Curling Activities, I, the undersigned, for the Minor and the Minor’s estate, successors, heirs, beneficiaries, administrators, trustees, representatives, and attorneys, hereby release and discharge (i) Buffalo Curling Club, Inc., a New York Not-for-Profit Corporation; (ii) the United States Curling Association, Inc. (“USCA”); (iii) Grand National Curling Club (“GNCC”); and (iv) their respective successors, assigns, employees, officers, directors, members, agents, volunteers, and representatives (collectively, the “Releasees”), from any and all actions, claims, demands, and liabilities for damages, court costs, legal expenses, and associated fees related to physical, mental, or bodily injury occurring to the Minor while participating in any Curling Activities at the Facility prior to the Expiration Date (defined below). However, this release shall not apply if such injury results from willful, intentional, reckless, or grossly negligent actions or omissions by a Releasee. Furthermore, nothing herein limits or excludes claims under the Club’s “Participant Medical Accident” insurance coverage, against other participants, or any other person or entity not identified as a Releasee.
The Expiration Date shall mean the date one (1) calendar year from the date this Release is executed below.
In the event the Minor requires urgent medical attention and I cannot be reached, I hereby authorize emergency medical personnel and/or practitioners chosen by the Club or designated chaperones to provide necessary treatment. I acknowledge and agree that I am responsible for any medical expenses incurred as a result of such medical treatment.
I agree to indemnify, defend, and hold harmless the Releasees from any claim, demand, or action brought by or on behalf of the Minor or third parties arising from the Minor's conduct, acts, or omissions while participating in Curling Activities.
I hereby revoke all prior releases of liability, waivers, and indemnifications previously executed in favor of any of the Releasees.
BEFORE SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD THIS PARTICIPANT RELEASE AND HAVE BEEN ADVISED TO CONSULT WITH AN ATTORNEY AS TO ITS SIGNIFICANCE. BY SIGNING, I ACKNOWLEDGE THAT I AM WAIVING SIGNIFICANT RIGHTS AND AM DOING SO FREELY AND VOLUNTARILY.
