Miami Roller Rink - Skating Liability Release & Waiver

Miami Roller Rink - Skating Liability Release & Waiver

This document is a legal agreement between Miami Roller Rink & Events (hereinafter "the Company") and the participant (or participant's parent/guardian if under the age of majority).

 

1. General Facility Risks and Waiver Requirement:

   • Risk exists by merely being present in the facility, regardless of activity participation. All individuals entering must have a signed waiver on file.

   • This agreement applies to all activities within the facility, including roller skating, arcade games, and any other amenities on the premises.

2. Acknowledgment of Physical Fitness:

   • I affirm that I am in good physical condition and have no illness, injury, or medical conditions that could be exacerbated by participation in the activities at the Company's premises.

3. Acknowledgment of Rules and Safety Instructions:

   • I agree to listen to, understand, and comply with all safety instructions provided by the Company's staff and to conduct myself within the guidelines of the facility's rules.

4. Detailed Description of Activities and Risks:

   • Participants acknowledge and accept the inherent risks in activities like roller skating, which include but are not limited to falls, collisions, and equipment malfunctions.

5. Age-Specific acknowledgment and acceptance:

   • For Skaters Over 18: Participants acknowledge and accept the risks associated with roller skating and other activities in the facility.

   • For Skaters under 18: Guardians of the participant(s) acknowledge and accept the risks associated with roller skating and other activities in the facility on their behalf as outlined in the NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN below.

   • For Patrons Over 21 (Alcohol Consumption): Those consuming alcohol agree to do so responsibly, adhering to legal age requirements and accepting liability for any consequences of their consumption.

6. COVID-19 and Communicable Diseases Clause:

   • Participants acknowledge and accept the risk of exposure to COVID-19 and other communicable diseases and waive any claims arising from such exposure.

7. Rules and Regulations Compliance:

   • Participants agree to read, understand, and abide by all facility rules and regulations.

8. Facility and Equipment Inspection:

   • Participants are encouraged to inspect the facilities and equipment and report any unsafe conditions.

9. Behavioral Expectations and Consequences:

   • Expected behavior standards are outlined, especially concerning alcohol consumption. Non-compliance may result in removal from the facility.

10. Assumption of Risk and Release of Liability:

    • Participants assume all risks associated with activities at the Company's premises and release the Company from liability for any injuries, damages, or losses sustained, including those arising from the Company's negligence.

    • Participants (or their parents/guardians) assume all risks, both known and unknown, associated with roller skating at the Company's premises.

11. Indemnification:

    • Participants agree to indemnify the Company against claims resulting from their actions or negligence in any activity at the facility.

12. Emergency Medical Authorization:

    • I hereby grant permission to the Company to authorize emergency medical treatment as deemed appropriate, and agree to bear any costs of such treatment.

13. Dispute Resolution and Arbitration Agreement:

    • Disputes arising from participation in activities at the Company will be resolved through binding arbitration administered by a recognized arbitration association.

14. Photo Release, Licenses for Media Use:

    • Participants grant the Company the right to use images or videos captured on the premises for advertising, trade, or commercial purposes.

15. Video Surveillance Acknowledgment:

    • The facility's use of video surveillance for security and liability purposes is acknowledged.

16. Adherence to State Laws and Facility Rules:

    • Participants agree to adhere to all applicable state laws and facility-specific rules.

17. Alcohol Consumption Policy:

    • Alcohol available for purchase for adults 21+ only with valid photo identification. Maximum 2 drink limit per patron. All patrons alike are required to adhere to all Roller Rink Safety Rules & Policies.

18. Intoxication Policy:

    • Intoxicated individuals will not be served alcohol or allowed to participate in activities, and inappropriate behavior may result in removal from the facility.

19. Privacy Policy:

    • Participants should review the Company's privacy policy on the website regarding the collection and use of personal information.

20. Ongoing Applicability:

    • This agreement is valid for all future visits to the Company's premises.

21. Acknowledgment and Understanding:

    • Participants confirm that they have read, understand, and voluntarily agree to the terms of this waiver, giving up substantial legal rights.

22. Integration Clause:

    • This waiver constitutes the entire agreement between the parties regarding the subjects hereof and supersedes all prior understandings, agreements, or representations, whether written or oral.

23. Severability Clause:

    • If any provision of this waiver is determined to be unlawful, void, or unenforceable, the remaining provisions will continue in full force and effect.

ROLLER SKATING RINK SAFETY ACT FLORIDA LAW STATUTES SEC. 768.395

Florida Law (statutes sec. 768.395) provides that roller skaters and spectators assume the inherent risks in the activity of roller skating and that roller skating rink operators are not liable to roller skaters or spectators o for any damages or personal injury resulting from the inherent risks of roller skating.

While engaged in roller skating activity, roller skaters must:
 

1. Maintain reasonable control over his or her speed and direction of travel at all times.

2. Heed all posted signs and warnings.

3. Maintain a proper awareness to avoid other roller skaters and objects.

4. Accept the responsibility for knowing the range of his or her own ability to negotiate the intended direction of travel while roller skating and to skate within the limits of that ability.

5. Refrain from acting in a manner that may cause or contribute to his or her own personal injury or the personal injury of another person.

Operators must:
 

1. Conspicuously post in at least three areas on the premises the responsibilities of roller skaters, spectators and the duties of operators.

2. Maintain the stability and legibility of all signs, symbols and posted notices required by law.

3. Have at least one roller skating rink supervisor or manager on duty for every 200 skaters when the roller skating rink is open for business.

4. Maintain the skating surface in a reasonably safe condition and clean and inspect the skating surface before each skating session.

5. Maintain in good condition the railings, kick-boards and walls surrounding the skating surface.

6. Ensure that all coverings on risers are securely fastened in roller skating rinks with step- up or step-down skating surfaces.

7. Install and regularly inspect fire extinguishers.

8. Inspect emergency lights at least quarterly to ensure the lights are in proper working order.

9. Keep exit lights and service area lights on when skating surface lights are turned off during a skating session.

10. Inspect and maintain in good mechanical condition roller skating equipment that the operator leases or rents to roller skaters.

11. Comply with all applicable state and local safety codes.

12. Take reasonable action to correct a dangerous condition that is known or reasonably should have been known.

ROLLER SKATING RINK SAFETY ACT FLORIDA LAW STATUTES SEC. 768.395


I HAVE READ THIS WAIVER OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING IT. I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.


FOR PARTICIPANTS UNDER AGE OF MAJORITY: As the parent/guardian with legal responsibility for the minor participant, I have read and explained the provisions in this waiver to my child/ward and hereby consent to their participation under the terms and conditions set forth. I acknowledge, accept, and assume the risks on behalf of my child/ ward and am solely liable for any risk associated with their participation.


This agreement shall be governed by and construed in accordance with the laws of the State of FL, and any arbitration shall take place in Miami Dade County, FL.



IF SIGNING FOR A MINOR UNDER 18

PLEASE READ CAREFULLY BELOW AND SIGN BELOW


NOTICE TO THE MINOR CHILD’S
NATURAL GUARDIAN

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF MIAMI ROLLER RINK & EVENTS USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM MIAMI ROLLER RINK & EVENTS IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, MIAMI ROLLER RINK & EVENTS HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.