BAYSKATE MIAMI, LLC

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT

PLEASE READ CAREFULLY – THIS IS A LEGALLY BINDING AGREEMENT

This Release of Liability, Waiver of Claims, Assumption of Risk, and Indemnification Agreement (“Agreement”) is entered into by the undersigned participant (“Participant”), and if applicable, Participant’s parent or legal guardian (“Parent/Guardian”), for themselves and on behalf of their heirs, assigns, and next of kin, in favor of Bayskate Miami, LLC, including its owners, members, managers, officers, employees, contractors, affiliates, sponsors, vendors, volunteers, venue owners/operators, and the City of Miami (collectively, the “Company”).

By signing this Agreement, Participant (and Parent/Guardian, if applicable) acknowledges that they have read, understood, and agree to all terms set forth herein.

1. ASSUMPTION OF RISK

Participant acknowledges that roller skating and attendance at a roller-skating event involve inherent and significant risks, including but not limited to:

Participant knowingly, voluntarily, and expressly assumes all such risks, whether known or unknown, foreseeable or unforeseeable, and accepts full responsibility for any resulting injury, loss, or damage.

2. ACKNOWLEDGMENT OF SERIOUS INJURY OR DEATH

Participant understands and acknowledges that participation may result in serious injury, illness, emotional distress, property damage, or death, whether caused by Participant’s own actions, the actions of others, or the condition of the premises or equipment.

Participant knowingly and voluntarily accepts all such risks and consequences.

3. PHYSICAL CONDITION AND FITNESS

Participant represents and warrants that they are in good physical condition and capable of safely participating.

Participant agrees to:

Participant assumes full responsibility for any injury resulting from participation.

4. RELEASE OF LIABILITY

To the fullest extent permitted by Florida law, Participant (and Parent/Guardian), for themselves and on behalf of their heirs, assigns, and next of kin, hereby releases, waives, and discharges the Company from any and all claims, including but not limited to:

THIS RELEASE EXPRESSLY INCLUDES CLAIMS ARISING FROM THE COMPANY’S ORDINARY NEGLIGENCE, to the fullest extent permitted by Florida law, including negligent acts or omissions related to the operation, supervision, maintenance, or condition of the event, venue, or equipment.

This release does not apply to gross negligence or intentional misconduct, to the extent required by law.

5. INDEMNIFICATION AND HOLD HARMLESS

Participant agrees to defend, indemnify, and hold harmless the Company from and against any and all claims, damages, liabilities, costs, and expenses (including attorneys’ fees) arising out of:

If Participant is a minor, Parent/Guardian agrees to defend, indemnify, and hold harmless the Company from any claims brought by or on behalf of the minor, including after reaching adulthood, to the fullest extent permitted under Florida law.

6. FLORIDA ROLLER SKATING RINK SAFETY ACT (SEC. 768.395)

Participant agrees to:

7. VENUE AND EQUIPMENT USE

Participant agrees to inspect and properly use all equipment and facilities.

Rental Equipment

Participant agrees to:

Damage Fees

Participant authorizes charges for:

8. MEDICAL RESPONSIBILITY AND AUTHORIZATION

Participant:

9. COMMUNICABLE DISEASES

Participant voluntarily assumes all risks related to COVID-19 and other communicable diseases.

10. FOOD, BEVERAGE, ALCOHOL, AND THIRD-PARTY VENDORS

Participant acknowledges:

Participant assumes full responsibility for any consequences related to alcohol consumption, including:

Participant further agrees:

Participant agrees to release, waive, and hold harmless the Company from any claims arising from alcohol consumption.

11. VOLUNTARY PARTICIPATION

Participant confirms that participation is voluntary.

12. MEDIA RELEASE

Participant grants the Company an unrestricted, perpetual right to use their likeness for promotional purposes without compensation.

13. ARBITRATION AGREEMENT

Any dispute arising from this Agreement or participation in the event shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules.

Location: Miami-Dade County, Florida

Participant waives the right to a jury trial.

The prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.

14. GOVERNING LAW

This Agreement is governed by Florida law.

15. SEVERABILITY

If any provision is unenforceable, the remainder remains in effect.

16. APPLICABILITY

This Agreement applies to current and future visits to Bayskate Miami locations.

17. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings.

18. MINOR PARTICIPANT SECTION

YOU ARE AGREEING TO LET A MINOR PARTICIPATE IN A POTENTIALLY DANGEROUS ACTIVITY YOU ARE GIVING UP YOUR CHILD’S RIGHT TO SUE

Minor Acknowledgment

Minor Name: __________________________

PARENT / GUARDIAN CONSENT AND AGREEMENT

I am the parent or legal guardian of the above-named minor. I have read and fully understand this Agreement and consent to the minor’s participation.

I agree to this Agreement on behalf of the minor and myself, and I hereby RELEASE, WAIVE, AND DISCHARGE the Company (inclusive of Bayskate Miami LLC), and all affiliated parties from any and all claims brought by or on behalf of the minor, including claims arising from the Company’s ORDINARY NEGLIGENCE, to the fullest extent permitted by Florida law.

I further agree to DEFEND, INDEMNIFY, AND HOLD HARMLESS the Company from any and all claims, damages, liabilities, costs, and expenses (including attorneys’ fees) arising from or related to the minor’s participation, including claims brought after the minor reaches the age of majority.

I confirm that I have explained the risks of participation to the minor and that the minor understands and voluntarily chooses to participate.

THIS AGREEMENT IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED UNDER FLORIDA LAW.

☐ I AM THE PARENT/LEGAL GUARDIAN AND AGREE TO ALL TERMS ON BEHALF OF THE MINOR

19. FINAL ACKNOWLEDGMENT

READ CAREFULLY – YOU ARE WAIVING YOUR RIGHT TO SUE

I acknowledge that I have read and fully understand this Agreement, or have had it explained to me.

I understand that I am WAIVING MY RIGHT TO SUE and giving up substantial legal rights, including claims arising from the Company’s ORDINARY NEGLIGENCE, to the fullest extent permitted by Florida law.

I understand that this Agreement is intended to be as broad and inclusive as permitted under Florida law.

I sign this Agreement voluntarily, without inducement, and with full knowledge of its legal consequences.

REQUIRED ACKNOWLEDGMENTS (ALL MUST BE CHECKED)

PARTICIPANT SIGNATURE

Name: __________________________ Signature: _______________________ Date: ___________________________

Email/Phone: ____________________ Emergency Contact: ______________