THE LOT SKATEPARK
RELEASE OF LIABILITY AND CONSENT FORM
Please Read Carefully. Sign and Return to Skateable Team
For the purposes of this "Release of Liability and Consent Form" (the "Form"), 'Event" means, collectively, all skateboarding events, classes and any other activities being held at The Lot Skatepark, The Junction Ballito, and to my participation in the event. In consideration of the opportunity to participate in the Event, I, the undersigned participant,
acknowledge and agree that:
1. ASSUMPTION OF RISK
Participation in or attendance at the Event involves inherent risks and dangers of accidents, personal and bodily injury (including death) as well as loss or damage to property. These may result from my own actions or inactions, as well as the actions or inactions of others and the condition of the facilities and equipment. Further, there may be other risks not known to me and not reasonably foreseeable at this time. I have considered the nature and extent of the risks involved and I voluntarily choose to assume all risks involved in the Event, both known and unknown. I consent to treatment in the event of an emergency or other incident in which, in the reasonable judgment of the on-site personnel, I require medical care.
2. RELEASE FROM LIABILITY
I fully release and discharge Skateable, and its parent companies, their respective officers, directors, employees, agents, representatives, contractors, successors, assigns, and insurers (collectively the 'Released Parties·) from and against any and all liability, claims, causes of action, costs, losses, damages or proceedings whatsoever arising out of or in connection with my participation in or attendance at the Event (save for my death or personal injury resulting from the negligence of the Released Parties).
3. MEDICAL CONDITIONS OR INJURIES
I am not aware of any pre-existing medical conditions or injuries which would place me at risk through participation in the Event or, if I do have any such conditions or injuries, I undertake to disclose them in writing to Selfridges prior to participating in the Event so that The Lot Skatepark can determine whether (at its sole discretion) I may skate at The Lot Skatepark, The Junction Ballito.
4. AUTHORIZATION TO RECORD AND TO USE RECORDINGS
I give my permission for The Lot Skatepark and its successors, assignees and licensees to film, photograph, video record and otherwise record my image and voice at the Event (the 'Recording'). I assign to The Lot Skatepark the entire copyright and all other rights that I may have in the Recording throughout the world for the full period of such rights (and all extensions, reversions and renewals thereof) and thereafter so far as possible in perpetuity, and grant to Skateable an irrevocable, royalty free license (together with all further consents necessary, including without limitation those under the Copyright Designs & Patents Act 1988 and any successor thereof) to use the Recording and my image in any manner or media (whether now known or hereafter developed or discovered), and for any purposes without any additional consideration. I shall have no right of approval and no legal claim arising out of any use or editing of the Recording or my image. I irrevocably and unconditionally waive the benefits of and agree not to assert any provision of law known as "moral rights" or any similar laws of any jurisdiction.
5. COMPLIANCE WITH RULES AND SAFETY INSTRUCTIONS
I accept that I have a duty to participate in a manner which is as safe as reasonably possible and to abide by the rules of the Event which are displayed at The Lot Skatepark (the "Rules"), adhere to all safety information and instructions and take reasonable care to avoid dangerous situations and to look after both myself and other participants. I also understand the consequences of my failure to comply with such rules might include loss of my eligibility to use at The Lot Skatepark in the future. I acknowledge that participation in the Event requires skill, fitness and stamina, which I possess.
6. PROTECTIVE GEAR
If I am a novice skater (to be determined at the sole discretion of The Lot Skatepark) then I can confirm that at all times whilst participating in the Event I will wear appropriate clothing and protective gear (including, without limitation, a helmet and suitable knee and elbow protectors). If I am not a novice skater but under 16 years of age then I must wear a helmet at all times while participating in the Event. If I am neither a novice skater nor under 16 years of age, I confirm I have been advised to wear personal protective equipment and I agree that at all times while participating in the Event I should wear appropriate equipment, clothing and protective gear (including, without limitation, a helmet and suitable knee and elbow protectors) but that ultimately whether I do or not is at my discretion for which I accept the associated risk.
7. ASSIGNMENT
I agree that The Lot Skatepark may assign the rights granted to it in this Form to any third party as it sees fit.
8. VALIDITY
If any portion of this Form is held to be invalid or unenforceable, all other provisions shall nevertheless continue to be valid and enforceable. This Form supersedes any oral or written statements made by or to me in connection with the Event. I understand that I cannot terminate, cancel, or revoke this Form for any reason.
9. GOVERNING LAW AND JURISDICTION
This Form and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non contractual disputes or claims) shall be governed by and construed in accordance with the law of South Africa and the parties irrevocably submit to the exclusive jurisdiction of the courts of South Africa. I have read this Form. fully understand and agree to its terms. I enter into this Form freely and voluntarily, without any inducement or coercion.
I certify that:
A) I am 16 years of age or over or
B) I have my parent's or legal guardian's consent as indicated below.
