ADULT PARTICIPANT RELEASE AGREEMENT (APRA)
for entry to KALAMAZOO CURLING CLUB
A. Through acknowledgment by way of signing below OR by selecting the "I agree" button on the corresponding electronic form, principally (but not limited to) Learn-to-Curl instructional events (including public L2Cs and Corporate Events), commonly known as the “L2C Sign-In” form, and any other form for the purpose of club membership, league registration, bonspiels, skills clinics or any other program or activity held at the Kalamazoo Curling Club (herein referred to as “The Club”), the participant (herein referred to as the undersigned for the individual submitting reading and accepting the terms of this form) hereby makes the following representations:
(i) that the undersigned understands that the sport of curling is played on ice and requires physical fitness and skill or prowess;
(ii) that the undersigned possesses such physical fitness; and
(iii) that the undersigned understands that the risks of participating in any curling activity could involve serious injury or death.
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B. In consideration of being allowed access to The Club as a participant in any curling activity in The Club including, but not limited to, the portion of The Club referred to as the “Ice House” (as defined below; see D), I, the undersigned, for myself and my estate, successors, heirs, beneficiaries, administrators, trustees, representatives, and attorneys do hereby remise, release, acquit, and forever discharge (i) The Club; (ii) the United States Curling Association, Inc. (“USCA”); (iii) the respective successors and assigns or each of The Club, USCA, (v) the respective employees, officers, directors and trustees, but only while acting in their capacity as such, of each of The Club, USCA, (collectively, the “Releasees”) from any and all actions, causes of action, claims, demands, and liabilities, both in law and equity for damages and any court costs and legal expenses and fees associated therewith in respect of physical, mental, and bodily injury occurring to me while participating in any curling activity in the “Ice House” (see D) prior to the Expiration Date (as defined below); provided, however, that in the event such injury was caused, in whole or in part, by the willful, intentional, reckless, or grossly negligent action or failure to take action of any Releasee, such Releasee shall not be so remised, released, acquitted, or discharged hereby; and provided, further, that nothing herein shall be deemed to limit or exclude any action, cause of action, claim, demand, liability, payment, reimbursement, other benefit, or any court costs or legal expenses and fees that I or my estate, successors, heirs, beneficiaries, administrators, trustees, representatives, or attorneys might have or seek against (a) The Club’s “Participant Medical Accident” insurance coverage, (b) any other participant participating in any curling activity in the “Ice House” (see D), or (c) against any other person or entity other than a Releasee.
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C. The novel coronavirus (“COVID-19”) has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. The Club has put in place preventative measures to reduce the spread of COVID-19; however, cannot guarantee that you will not become infected with COVID-19. Further, playing or attending any game at The Club could increase your risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 while attending The Club and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at The Club may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Club volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at The Club or (“Claims”). On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless The Club, its agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of The Club, its agents, and representatives, whether a COVID-19 infection occurs before, during, or after attending any Club program or activity including, but not limited to, curling leagues, L2Cs and other instructional events, public events, bonspiels, and skills clinics.
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D. The Ice House shall mean the single room containing four or five sheets of ice on which the sport of curling is played in the building located at Wings Event Center, 3600 Vanrick Drive, Kalamazoo, MI 49001, from which said space is leased and operated by The Club. The Expiration Date shall mean the date which is one (1) calendar year after the Agreed Date (defined below by Participant) this Release is executed below by signature or the corresponding “I agree” button online, as described above.
I certify that I am at least eighteen (18) years of age and have the legal capacity to execute this Participant Release Agreement on my own behalf. I understand that for members and participants under the age of 18, the guardian completing this signup process accepts all responsibility. Further, I HEREBY REVOKE ANY AND ALL RELEASES OF LIABILITY, WAIVERS, AND INDEMNIFICATIONS PREVIOUSLY EXECUTED BY ME IN FAVOR OF ANY OF THE RELEASEES.
BEFORE ACCEPTING THESE TERMS, I WAS GIVEN THE OPPORTUNITY TO READ THIS PARTICIPANT RELEASE AGREEMENT AND TO CONSULT WITH AN ATTORNEY AS TO ITS SIGNIFICANCE. BY SIGNING BELOW, I UNDERSTAND THAT I AM WAIVING SIGNIFICANT RIGHTS. I UNDERSTAND THE MEANING OF THIS PARTICIPANT RELEASE AGREEMENT AND THE RIGHTS I AM WAIVING. NOTWITHSTANDING THE FOREGOING, I HAVE CHOSEN, OF MY OWN FREE WILL, TO EXECUTE THIS PARTICIPANT RELEASE AGREEMENT.
BY SIGNING BELOW OR BY CLICKING THE CORRESPONDING ACKNOWLEDGE BUTTON ON THE ELECTRONIC FORM (AS DESCRIBED ABOVE AND AS SHOWN BELOW), I ACKNOWLEDGE THAT I HAVE READ, UNDERSTOOD AND AGREED TO THE ABOVE TERMS, CONDITIONS, RELEASE AND WAIVER.
Agreed & Sign by selecting “I agree” on electronic form*
* Source: https://forms.gle/BZby8M4NwSb1vCrm8
