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Assumption of Liability, Waiver and Release

This Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement (“Release”) is made and provided by the person signing below.

Acknowledgement and Assumption of Risk. I understand and acknowledge that (i) the sport of curling is played on ice and requires physical fitness; (ii) I may be in close proximity to others with a risk that I could be exposed to communicable disease while on or  about the ice or other areas of the CCA Facility (defined below); and (iii) there is a risk that I could suffer serious illness, injury or death as a result of participating in curling or related activity. I represent and agree that I possess the necessary physical fitness, and I understand and assume all risks associated with participating in curling and related activity in or about the premises owned/leased and operated by Charlotte Curling Association (“CCA”) located at 6525 Old Statesville Road, Charlotte, NC 28269 (the “CCA Facility”).

Release from Liability. In consideration of being allowed to participate in curling or other activity or programs at the CCA Facility, I, for myself and my estate, successors, assigns, heirs, beneficiaries, administrators, executors, trustees, and representatives do waive, and release and forever discharge (i) CCA, (ii) Grand National Curling Association (“GNCC”), (iii) the United States Curling Association (“USCA”), (iv) the respective successors and assigns of each of CCA, GNCC and USCA, (v) the respective volunteers, members, employees, officers and directors of each of CCA, GNCC and USCA, but only while acting in their capacity as such, and (vi) individuals providing curling instruction or training at the CCA Facility (each individually a “Party” and together the “Parties”) from any and all actions, suits, causes of action, claims, demands, damages, judgments, expenses and liabilities, including without limitation attorneys fees and expenses of litigation, for illness, personal injury, death or property damage arising from or related to my participation in curling or other activity or programs in or about the CCA Facility, or otherwise conducted by CCA, prior to the Expiration Date. “Expiration Date” means the date which is one (1) calendar year after the date this Release is signed. I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO ENTRY ONTO OR NEAR THE CCA FACILITY AND PARTICIPATION IN CURLING OR OTHER ACTIVITY OR PROGRAMS, INCLUDING THE RISK OF INJURY, DEATH OR PROPERTY DAMAGE.

Covenant Not to Sue. I agree, for myself, and all of my heirs and legal representatives not to sue the Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Parties which I or my heirs or legal representatives may have as a result of any personal injury, death or property damage I may sustain while on the CCA Facility or participating in curling or other activity or programs. I

Indemnification. I hereby agree to defend, indemnify and hold harmless the Parties from and against any third party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of my involvement in curling or related activity or my use of the CCA Facility, whether caused by negligence of the Parties or otherwise.

No Duty to Supervise. I acknowledge and agree that I am aware that the Parties have no duty to supervise the activities of any participant or spectator, or any other person within the CCA Facility. The Parties assume no responsibility or liability for the acts or omissions of any such persons.

Publicity. With respect to the use of my image, likeness and voice:  (i) I understand that the CCA Facility contains video equipment which may be operating and broadcasting or streaming at any time; (ii) I understand that CCA may photograph or capture video of participants involved with or participating in curling, related activity or other programs in the CCA Facility; (iii) I license and consent to CCA capturing, storing, exhibiting, publishing, broadcasting, streaming, posting and otherwise disseminating my image, likeness and/or voice and further license and consent to CCA utilizing my image, likeness and/or voice in social media and in connection with CCA marketing, advertising, promotions or publicity; and (iv) I waive and relinquish any right or claim to royalties or any other payment in connection with any of the actions described items (i), (ii), and (iii) of this section.

Communicable Disease. I agree to strictly follow all rules and procedures from time to time established by CCA to reduce the risk of exposure to communicable diseases.  I also understand that there is no guarantee that rules or procedures adopted and applied by CCA in an effort to reduce the risk of exposure to COVID-19 and other communicable diseases will fully protect me against the transmission of such diseases.

E-Signature. The execution of this Release by electronic mail or by any other electronic means shall be deemed to constitute effective execution of this Release. Such electronic signatures may be used by the parties in lieu of the original signature page of this Release for any and all purposes. In executing this Release, the parties hereto intend to be bound to the respective terms and conditions herein stated.

Governing Law and Venue. This Release will be governed by and interpreted in accordance of the laws of the State of North Carolina, without giving effect to the principles and conflicts of law of such state. I agree that any action arising out of this Release must be brought exclusively in any state or federal court located in Mecklenburg County, North Carolina.

Waiver. No waiver of any term or right in this Release shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision in this agreement shall not be constructed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Release thereafter.

Survival. Any provision of this Release providing for the performance by either party after termination of this Release shall survive such termination and continue to be effective and enforceable. Compliance with Laws. In the performance of the terms of this Release, use of the CCA Facility and participation in curling or other related activity or program, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations.

Severability. If any provision or portion of this Release shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.

Entire Agreement; Modification; Binding Effect. This Release is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This Release shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.

I certify that I am at least eighteen (18) years of age and have the legal capacity to sign this Release on my own behalf.


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