RELEASE OF LIABILITY

By engaging in the activity of Roller Skating organized by Pop Up Skates LLC, City Walk Bham, BJCC and/or utilizing  the property, facilities and services provided by Pop Up Skates LLC, I and (if applicable) my family members agree to the following hereby consent to and agree to abide by the following terms:

DISCLAIMER

I understand and acknowledge that the activity of Roller Skating organized by Pop Up Skates LLC, including the use of its property, facilities, and services, involves certain inherent risks that cannot be eliminated. I further acknowledge that Pop Up Skates LLC, and the City of Mobile have taken reasonable measures to provide a safe environment for participants, but it is not possible to guarantee absolute safety. Therefore, I expressly acknowledge and agree that Pop Up Skates LLC and the City of Mobile, does not assume any responsibility for any injuries, damages, or losses that may occur as a result of my participation in the activity or the use of its facilities and services.

A) AGREEMENT TO FOLLOW INSTRUCTIONS

In order to ensure the safe and orderly execution of the activity, I hereby agree to adhere to and carefully observe all rules, and regulations posted by Pop Up Skates LLC, and/or the City Walk Bham, BJCC. Furthermore, I acknowledge and agree to comply with any verbal instructions and warnings issued by Pop Up Skates LLC or its staff members, or any City of Mobile representative.

ACKNOWLEDGEMENT OF VOLUNTARY PARTICIPATION

I voluntarily choose to participate in the activity of Roller Skating organized by Pop Up Skates LLC, and/or the City of Mobile, and am fully aware of the risks involved. I acknowledge that my participation is a personal decision made for my own enjoyment, and I assume full responsibility for any consequences that may arise from my involvement in the activity.

B) ASSUMPTION OF THE RISKS AND RELEASE

I acknowledge and understand that my decision to participate in the activity is entirely voluntary, based on my own knowledge and for my personal enjoyment. I recognize and acknowledge that engaging in this activity carries certain inherent risks associated with its development. I assume complete responsibility for any personal injuries sustained by myself and, if applicable, my family members. and further I hereby release and discharge Pop Up Skates LLC and the City of Mobile, from any liability for physical and/or psychological injuries, pain, suffering, illness, disfigurement, temporary or permanent disability, death or economic loss that may arise from my or my family's use of or presence upon the facilities of Pop Up Skates LLC or the City of Mobile property. This release of liability applies to any such injuries or losses caused by me or my family, Pop Up Skates LLC the City of Mobile or its agents, or any other third party, and it encompasses any such incidents that occur during the course of the activity.

C) INDEMNIFICATION

I agree to indemnify and defend Pop Up Skates LLC, and/or the City of Mobile, against all claims demands, liabilities, damages, losses, costs, and expenses, including reasonable attorney fees and other litigation costs, arising out of or in connection with:

1. My participation in the activity of Roller Skating organized by Pop Up Skates LLC, and/or the City of Mobile, including any personal injury, property damage, or loss suffered by myself, my family members, or any third party, whether caused by my own actions, negligence, or any other factor;

2. Any breach of this Release of Liability, including but not limited to my failure to follow posted rules, instructions, or warnings provided by Pop Up Skates LLC or its staff, or any City of Mobile representative;

3. Any violation of applicable laws, regulations, or rights of third parties committed by me or my family members during the course of the activity or while using the facilities of Pop Up Skates LLC or City of Mobile property:

4. Any damages or losses caused to the facilities, equipment, or property of Pop Up Skates LLC or City of Mobile property due to my or my family members' negligent, reckless, or willful actions;

5. Any claims or legal actions brought by third parties arising from my use or presence in the facilities of Pop Up Skates LLC or City of Mobile property.

EXCLUSION OF WARRANTIES

To the maximum extent permitted by law, Pop Up Skates LLC, and/or the City of Mobile, expressly disclaims all warranties, representations, and conditions, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Pop Up Skates LLC LLC, nor the City of Mobile make any guarantees or assurances regarding the accuracy, reliability, or completeness of any information provided, nor the availability, quality, or performance of its facilities and services.

D) EXPENSES

I hereby acknowledge and agree that I shall be responsible for any and all expenses incurred by Pop Up Skates LLC, and/or the City of Mobile, including but not limited to damages, repairs, replacements, and related costs, resulting from any negligent, reckless, or willful actions committed by myself or my family members while using the facilities of Pop Up Skates LLC or City of Mobile property.

E) NO DURESS

I acknowledge that I have been given a reasonable opportunity to review this Agreement before signing. I further agree and acknowledge that I have fully read and understood the terms and conditions contained herein. I acknowledge that I am signing this Agreement voluntarily, without any coercion, pressure, or duress, and that I am entering into this Agreement willingly and of my own free will. I acknowledge that I have the right to seek advice from legal counsel of my choice regarding the terms and implications of this Agreement. I have either consulted with legal counsel or knowingly and voluntarily chosen not to do so. I also agree and acknowledge that Pop Up Skates LLC has offered to refund any expenses I have paid to use its facilities if I finally decide not to sign this Agreement.

F) APPLICABLE LAW

If any legal or equitable claim arises from my participation in the above mentioned activity, or any dispute relating to this Release of Liability shall be governed by and construed in accordance with the laws of the jurisdiction in which Pop Up Skates LLC is located the State of Alabama. The choice of law shall be determined by shall be the State of Alabama, without giving effect to its conflicts of law principles.

G) ENFORCEABILITY

This Release of Liability shall be binding upon and enforceable against me, my representatives, spouse, assigns, heirs, and next of kin without limitation. It is my desire and intent that the words, terms, provisions, covenants, and remedies contained in this Agreement shall be enforceable to the fullest extent permitted by Applicable Law.

SEVERABILITY

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect the validity, legality, or enforceability of the remaining provisions of this Agreement. The parties shall make good faith efforts to replace any invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that reflects the intent of the original provision to the maximum extent permitted by law.

I HAVE BEEN GIVEN REASONABLE OPPORTUNITY TO REVIEW AND UNDERSTAND THIS DOCUMENT AND I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS. UNDERSTAND ITS CONTENTS, AND VOLUNTARILY AGREE THAT THIS RELEASE OF LIABILITY SHALL BE BINDING UPON ME AND ALL OTHER RELEVANT PARTIES, AND THAT THE WORDS, TERMS, PROVISIONS, COVENANTS, AND REMEDIES CONTAINED HEREIN SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN WITNESS WHEREOF, I have read and fully understand the terms and conditions of this Release of Liability, and by signing below, I represent and warrant that I am of legal age and have the legal capacity to enter into this Agreement. I further acknowledge that my signature below indicates my acceptance and agreement to the terms and conditions set forth in this Release of Liability.