Voluntary Agreement for Waiver of Liability, Assumption of Risk and Indemnification
Name of Activity: Ice Skating in Brookhaven Park, hereinafter called the “Activity”
Date(s) of the Activity: December 7, 2024, to January 5, 2025, Inclusive
Principal location(s): Rink and surrounding area of Brookhaven Park
IN CONSIDERATION OF MY VOLUNTARY PARTICIPATION IN THE “ACTIVITY”, I UNDERSTAND THAT I AM BEING ASKED TO CAREFULLY READ EACH OF THE FOLLOWING PARAGRAPHS. I UNDERSTAND THAT IF I WISH TO DISCUSS ANY OF THE TERMS CONTAINED IN THIS AGREEMENT, I MAY CONTACT THE City of Brookhaven, Parks, and Recreation Department @ 470-704-4774.
Assumption of Risks: Participation in the “Activity” carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks not inclusive to and do vary, but range from:
1) minor injuries such as scratches, bruises, and sprains 2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions to 3) catastrophic injuries including paralysis and death. I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in the “Activity.” I hereby assert that my participation is voluntary and that I knowingly assume all such risks. I further understand that I am ultimately responsible for my own safety.
Waiver: In consideration of being permitted to participate in any way in the “Activity,” I agree for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue the City of Brookhaven, its officers, employees, and agents from liability from any and all claims including the negligence of the City of Brookhaven, its officers, employees and agents, resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in the “Activity.”
Indemnification and Hold Harmless: I also agree to INDEMNIFY AND HOLD the City of Brookhaven, HARMLESS from all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement in the “Activity” and to reimburse them for any such expenses incurred.
Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of Georgia and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgment of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.