TKSLR LLC, (Long Island Sports Hub)
Assumption of Risk – Waiver of Liability – Indemnification Agreement Turf Fields, Courts, Ice Rink, & Associated Program Participants
The activities at, or sponsored by, TKSLR LLC (hereinafter referred to as “LI Sports HUB”) and its associated programs sponsored by Top Shelf Amateur Hockey Association, d/b/a Long Island Whalers and Long Island Gladiators (hereinafter referred to as “Top Shelf”) include ice hockey, figure/ice skating, curling, basketball, volleyball, badminton, pickleball, soccer, lacrosse, baseball, softball, football, dodgeball, kickball among other field games and turf activities, whether organized or sponsored LI Sports HUB, Top Shelf, or any third-party renting time or space at LI Sports HUB (collectively referred to as “HUB Activities”).
HUB Activities offer participants fun, competition, and wholesome recreation. LI Sports HUB and its staff regard participant safety as a top priority and feel it is important that the participant (and parent/guardian) understand that there are risks inherent in the activity regardless of the care taken by LI Sports HUB. Some risks that are inherent in the activity and cannot be totally eliminated include tripping, slipping, falling, collisions between participants and/or coaches, and inadvertent contact (striking, hitting) with balls, pucks or other equipment, equipment misuse by myself or others; potential exposure to communicable disease (including but not limited to coronavirus/COVID-19, other viruses, bacteria, and all other infectious pathogens and disease vectors); Other inherent risks include, but are not limited to unexpected equipment failure and/or good faith errors in judgment by LI Sports HUB employees.
It is important that the participant (and parent/guardian) understand that 3 types of injuries can occur. 1). Minor injuries are the most common and include, but are not limited to, muscle soreness, headaches, and bruises. 2). Serious injuries, while less common, do occur occasionally and include, but are not limited to broken bones, internal injuries and head injuries that may result in concussion. 3). Catastrophic injuries while rare are still remotely possible and can include paralysis and even death.
Assumption of Inherent Risks : I, the ADULT PARTICIPANT [OR MINOR PARTICIPANT AND PARENT(S) OR GUARDIAN(S)], (hereafter referred to as PARTICIPANT/PARENT) understand that all HUB Activities include inherent risks that cannot be totally eliminated regardless of the care taken by LI Sports HUB. PARTICIPANT/PARENT 1) know, 2) understand, and 3) appreciate the types of injuries inherent in HUB Activities. PARTICIPANT/PARENT hereby assert that PARTICIPANT/PARENT knowingly assume all inherent risks of those activity.
Waiver of Liability for Ordinary Negligence of LI Sports HUB: In consideration of permission to use the property, facilities, equipment, and services of LI Sports HUB, including off-site participation in Top Shelf activities, today and on all future dates, PARTICIPANT/PARENT, on behalf of myself, my spouse, heirs, personal representatives, and assigns (the “Releasing Parties”) do hereby waive, release, discharge and covenant not to sue LI Sports HUB, Top Shelf, and their respective owners, directors, officers, employees, volunteers, independent contractors, agents and equipment suppliers (the “Released Parties”) from liability from any and all claims arising from participation in HUB Activities or the ordinary negligence of the Protected Parties.
This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from participation in HUB Activities including, but not limited to: recreational, practice, or competitive activity; events; organized or individual training and conditioning activities; tests, classes, and instruction; observers or spectators; individual use of facilities, equipment, shower/locker room areas, and all premises including the associated sidewalks, parking lots, and in the case of Top Shelf activities, off site facilities; and to 2) any and all claims resulting from the damage to, loss of, or theft of property.
Indemnification: PARTICIPANT/PARENT also agree to hold harmless, defend, and indemnify LI Sports HUB and/or Top Shelf (that is, defend and pay any judgment and costs, including investigation costs, attorney’s fees, and related expenses) from any and all claims of Releasing Parties arising from participation in HUB Activities, (including those arising from the inherent risks of the activity or the ordinary negligence of Protected Parties). PARTICIPANT/PARENT further agree to hold harmless, defend, and indemnify LI Sports HUB and/or Top Shelf against any and all claims of co-participants, rescuers, and others arising from the conduct of the participant in HUB Activities.
Clarifying Clauses: PARTICIPANT/PARENT confirm that: 1) (a) this agreement supersedes any and all previous oral or written promises or agreements, (b) this is the entire agreement between LI Sports HUB/Top Shelf and me, and (c) this agreement cannot be modified or changed in any way without the express written consent of an officer of the LI Sports HUB and/or Top Shelf; 2) the foregoing Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of New York and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect; and 3) if legal action is brought, the appropriate trial court for the County of Nassau in the State of New York has the sole and exclusive jurisdiction and that only the substantive laws of the State of New York shall apply.
Acknowledgment of Understanding: Having read and understanding this Agreement. I acknowledge and agree that I am giving up substantial rights, including the right of the PARTICIPANT/PARENT bring a civil action against the Released Parties for damages in the event of death, injury or loss. I acknowledge that I am voluntarily signing the agreement, and intend my signature to be a complete release of all liability, including that due to ordinary negligence by the Released Parties, to the greatest extent allowed by law of the State of New York.
Notices and Electronic Communications: You consent to receive notices and other communications from TKSLR LLC (LI Sports HUB) and/or Top Shelf by: (i) posting notices on the website or (ii) sending you an email at the email address you provided to us. You can withdraw your consent by calling us at 516-364-4000, by sending an email to firstname.lastname@example.org or by using the unsubscribe link that is part of any communications you receive.
I hereby GRANT PERMISSION to LI Sports HUB, Top Shelf, and its employees, agents, representatives, affiliates & licensees, to PHOTOGRAPH/RECORD MY IMAGES, LIKENESS, or DEPICTION and/or that of my minor children (if applicable). I hereby grant permission to the LI Sports HUB to edit such photographs/videos and waive any right to inspect the final photographs/videos. I hereby consent to and permit photographs/videos of me and/or those of my minor children to be used by LI Sports HUB and or Top Shelf for any reasonable business purpose, including educational and advertisement purposes, and in any medium, including print and electronic. I understand that LI Sports HUB may use such photographs/videos with or without associating names thereto. I further waive any claim for compensation of any kind for LI Sports HUB's and/or Top Shelf’s use or publication of photographs/videos of me and/or those of my minor children (if applicable).
All goods and services are non-refundable. Credits on certain goods and services may be granted with owner approval.
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