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Skater Code of Responsibility + Liability Waiver

YOUR RESPONSIBILITY CODE

Our skating rink is for the fun and enjoyment for everyone.  Regardless of your level of skill, there are elements of risk in ice skating.  Use common sense, show courtesy to others, and anticipate dangerous situations before they arise. 

Skating reservations are approximately 70 minutes from arrival time on your ticket to departure, including time to put on skates and store belongings, so that everyone can enjoy free public ice skating at Winter Village. You must have a Winter Village skater wristband to enter the ice rink.

  • Ice skates must be worn to enter the ice rink.
  • Read and abide by all signs.
  • Follow announcements and obey the instructions of the skate guards.
  • Report any hazards to the skate guards.
  • Children under 14 must be accompanied by an adult at all times.
  • Cell phones, headphones, cameras, backpacks, and pocketbooks are not permitted on the ice.
  • Food and drinks are not permitted on the ice, or in skating areas.
  • No carrying a child while ice skating. This is very dangerous for the child.
  • Skating while under the influence of drugs or alcohol is strictly prohibited.
  • Keep exits clear. Before getting on the ice, look for oncoming skaters. Do not sit on the dasher boards.
  • No more than two people may hold hands while skating.
  • While on the ice, keep moving.  Don't stop where you obstruct other skaters.  Don't skate in groups.
  • The center of the ice rink is for skating lessons and figure skating.
  • Spins, jumps, and backwards skating are not permitted.
  • Please report any injury to a Winter Village staff member.
  • Skate respectfully. Please do not litter or use foul language.
  • People ahead of you have the right of way. It is your responsibility to avoid hitting them or disrupting them.
  • No abusive, aggressive, abrasive, or disorderly conduct, which may include weaving, pushing, and power stopping.
  • You are responsible for skating in a manner that is safe for your fellow skaters.  Winter Village staff members reserve the right to remove and permanently ban aggressive skaters from the rink
  • For security reasons, online skating reservations require the name of each person in your party. If fake or repeat names are used, your order may be cancelled, and you will be charged a cancellation fee. Failure to comply with this policy could result in being permanently banned from the rink.
  • If you do not show up for a skate reservation and make no attempt to notify us in advance, this constitutes a “no-show”. Repeated “no-shows” are grounds for being permanently banned from the rink.

 

EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT 

(Please read carefully)

In consideration of being allowed to participate in any way in ice skating, ice hockey, related events and other activities at all facilities owned by Bryant Park Corporation, including, but not limited to the Bryant Park Skating Rink (the “Facility), Participant, and Participant’s parent(s) or legal guardian(s) if Participant is a minor, acknowledge, appreciate, and agree to the following:

Acknowledgment of Risks

1.    The risk of injury from activities at the Facility is significant, including the potential for permanent disability, paralysis, death, and severe social and economic losses, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury exists and only I know whether I have the skill and ability to safely participate in any activity at the Facility. 

2.    These inherent risks may include, but are not limited to:
•    Falls, collisions, and contact with other participants, spectators, or objects
•    Hazards at the Facility, both natural and man-made
•    Wet surfaces throughout the Facility
•    Medical conditions, even those previously unknown or dormant
•    Actions or inactions of other participants and volunteers including but not limited to their negligence
•    Lack of, or inadequate, first aid or medical care
•    Equipment condition, failure, or malfunction; and

3.    I understand that these inherent risks may be caused by my own actions or inactions, the actions or inactions of others, the conditions at the Facility or equipment, or the negligence of the Facility (the “Facility” defined further includes Bryant Park Corporation, BPWV SFM, LLC and Sports Facilities Management, LLC), and all such entities’ employees, officers, agents, partners, members, managers, officials, participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of the Facility) and

4.    I further acknowledge that there may be other risks not known or not reasonably foreseeable at this time.

Assumption of Risk

5.    I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, foreseen or unforeseen, and whether arising directly or indirectly from my participation in activities at the Facility, EVEN IF ARISING DIRECTLY OR INDIRECTLY FROM THE NEGLIGENCE OF THE FACILTY or others, and assume full responsibility for my participation, to the fullest extent permitted by law; and

6.    I willingly agree to comply with the stated and customary terms and conditions for participation in activities at the Facility. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately.

Indemnification

7.    I agree to indemnify, defend, and hold harmless the Facility from and against any and all liabilities, claims, demands, losses, damages, costs, and expenses (including attorneys' fees and costs) that the Facility may incur directly or indirectly as a result of my participation in activities at the Facility, including, but not limited to, any claims brought by third parties (including but not limited to my family members, estate, or any other person or entity acting on my behalf) arising out of my acts, omissions, or negligence, or any breach of this Agreement by me, to the fullest extent permitted by law.

Communicable Diseases

8.    While the Facility has some preventative measures to reduce the spread of communicable diseases, we cannot guarantee that you or your child(ren) will not become infected while attending our Facility. We depend on each and every visitor and their families to follow the guidelines from the Centers for Disease Control and Prevention, and all applicable federal, state, and local health department guidelines, rules, laws, and regulations before and while visiting our Facility. The undersigned fully understands and acknowledges both the known and potential dangers of utilizing the Facility and acknowledge that use thereof by the undersigned and/or such participating children may, despite any efforts to mitigate such dangers, result in exposure to communicable diseases, which could result in quarantine requirements, serious illness, disability, and/or death.

Severability

9.    I agree that if any portion of this Agreement is found to be unenforceable or invalid, the remaining portions shall remain in full force and effect to the fullest extent permitted by law.

Governing Law and Jurisdiction

10.    This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. Any legal action or proceeding relating to this Agreement shall be brought exclusively in (insert County), New York.

Electronic Signatures

11.    I understand and agree that my electronic signature, whether by typing my name, clicking an "I Agree" button, or using a digital signature service, is intended to authenticate this document. This electronic signature shall have the same legal force and effect as a handwritten signature. I also agree that electronic copies of this Agreement shall be deemed original documents and shall be admissible in any legal proceeding.

Refunds

12.    There will be no refunds.