Arena STEM – Waiver
Policy Effective Date: December 15, 2020
In consideration of the services provided by Arena Paramus, LLC, a Delaware Limited Liability Company who owns and operates Arena STEM Center (the “Arena STEM” or “Center”) and my desire to spectate and/or participate in the activities and services provided by Arena Paramus, LLC (the “Center Owner”) at the Center today and in the future, and its individual members, managers, directors, officers, agents, employees, volunteers, representatives, servants, predecessors, successors, assigns, affiliated entities, heirs, personal representatives and all other persons, firms, or entities claiming by or through them are hereinafter collectively Arena STEM, I hereby agree to release and discharge Arena STEM on behalf of myself, my spouse, my child(ren), minor child for whom I am appointed guardian, my parent(s), my heirs, assigns, personal representative(s) and estate as follows:
1. Agree to use the Center and its facilities in a safe and responsible manner;
2. Agree to abide by the Center rules and instructions and the directions of Center employees and representatives, whereby I acknowledge that (i) those rules, instructions and directions are intended to promote the safety of both myself and others; (ii) my failure or refusal to abide by those rules, instructions and directions can lead to the immediate revocation of my right to use the Center and its facilities, without any right to refund of any payments made; and (iii) in the event of sickness, accident or injury, I authorize the Center employees and representatives to obtain, on my behalf, emergency medical treatment and to secure such medical treatment at my expense;
3. Agree to fully and forever waive, release and discharge Center Owner from any and all claims, actions, causes of action, demands, judgments, damages (including compensatory, general, special, consequential, exemplary and punitive), liability or obligations of any nature or kind, whether known at the time I leave the Center or which may arise or become known later, which accrue on account of, or in any way arise out of or in connection with: (a) my activities within the Center; (b) the activities within the Center by others; (c) the operation of the Center by Center Owner regardless of whether such claims are founded in whole or in part upon alleged negligence, or the actual negligence of Center Owner; (d) my use of any and all of the Center facilities; and (e) my use of any and all equipment within the Center, whether owned by me, Center Owner or a third party;
4. Agree to indemnify and hold Center Owner harmless from and against any and all losses, liabilities, claims, obligations, costs, damages, and/or expenses whatsoever, including, but not limited to, any and all attorneys' fees, costs, damages and/or judgments directly or indirectly arising out of, or relating to my acts or omissions while participating in any activities at the Center;
5. Agree to accept and assume all of the risks which accompany the Center’s activities and represent that my participation in the activities is purely voluntary and I elect to participate in the activities notwithstanding the risks;
6. Agree to (i) follow the Center’s guidelines before participating in any activity, (ii) attempt only activities that I feel I am capable of performing safely, and (iii) stay in areas that will not place me or others in danger;
7. Authorize Center Owner, and its successors to capture my image, likeness and sounds in photographs, videotapes, recordings or other forms of media (“Images”). I acknowledge that Center Owner will own such Images and I grant permission, without compensation, for Center Owner, or any affiliated party of the Arena STEM Center brand, to copyright, display, publish, distribute, use, modify and print such Images in any lawful manner, including without limitation, in publications, advertisements, brochures, web sites, social media and other electronic displays and transmissions thereof. The foregoing authorization shall not include using my name with any Image, unless I agree otherwise in writing.
I acknowledge my understanding and agreement to the foregoing terms I agree that any legal proceeding shall be filed solely in the Bergen County of New Jersey and I further agree that the substantive law of New Jersey shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
I/WE HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I/WE
HAVE READ AND UNDERSTOOD IT, AND I/WE AGREE TO BE BOUND BY ITS TERMS.
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is highly 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.
Arena STEM has put in place preventative measures to reduce the spread of COVID-19;
however, Arena STEM cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending the Center could increase your risk and your child(ren)’s risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending Arena STEM 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 Arena STEM may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Arena STEM employees and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my or my child(ren)’s attendance at Arena STEM or participation in Arena STEM programming.