In consideration of being allowed to participate in any way in ice skating, ice bumper cars, related events, and other activities at all facilities owned by Tall Ship Restaurant, LLC, herein referred to as “Tall Ship,” including, but not limited to the winter ice rink and village (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

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, Tall Ship, 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).

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 FACILITY or others, and assume full responsibility for my participation, to the fullest extent permitted by law.

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.

Release of Liability and Waiver of All Claims

7. Participant and/or their parent(s) or guardian hereby waive any and all claims including, but not limited to, bodily injury including death and property damage they may have against Tall Ship, and its affiliated companies, partners, officers, directors, employees, agents, and volunteers arising out of Participant’s use of the facility and all surrounding areas.

Participants and/or their parent(s) or guardians hereby release and hold harmless Tall Ship, all sponsors, subsidiaries, affiliates, partners, officers, directors, employees, agents, and volunteers from any and all liability for any loss, damage, or expense that the Participants or their respective heirs, assigns, and legal representatives may suffer as a result of Participant’s use of ice skating and ice bumper cars from any cause whatsoever, including but not limited to negligence or breach of contract on the part of Tall Ship, and all sponsors of the establishment, in the operation, supervision, design, maintenance, or condition of the ice skating, track, or the facility and all surrounding areas.

Indemnification

8. I agree to indemnify, defend, and hold harmless the Tall Ship 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

9. 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 acknowledges 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

10. 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

11. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law rules. Any legal action or proceeding relating to this Agreement shall be brought exclusively in Suffolk County, Massachusetts.

Electronic Signatures

12. 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

13. There will be no refunds