Skateboarding is the act of riding and performing tricks using a skateboard. A person who skateboards is most often referred to as a skateboarder, or just skater. Vert skateboarding is a term used to refer to riding a skateboard on a vertical ramp. Many people use vert ramps in trick skateboarding as well as vert skateboarding. As a result of the "vert" skating movement, skate parks had to contend with high-liability costs that led to many park closures. In response, vert skaters started making their own ramps. Now such ramps are manufactured commercially.
A waiver or release is the intentional and voluntary act of relinquishing something, such as a known right to sue a person or organization for an injury. The term waiver is sometimes used to refer a document that is signed before any damages actually occur. A release is sometimes used to refer a document that is executed after an injury has occurred.
Courts vary in their approach to enforcing releases depending on the particular facts of each case, the effect of the release on other statutes and laws, and the view of the court of the benefits of releases as a matter of public policy. Many courts will invalidate documents signed on behalf of minors. Also, Courts do not permit persons to waive their responsibility when they have exercised gross negligence or misconduct that is intentional or criminal in nature. Such an agreement would be deemed to be against public policy because it would encourage dangerous and illegal behavior.
Maine Skater and Skateboarder Assumption of Risk, Waiver and Release is a legal document designed to protect skate parks, their owners, operators, and staff from liability claims in case of accidents or injuries. This agreement emphasizes the acknowledgment of various risks associated with skateboarding and skating activities and requires participants to waive their right to sue for injuries or damages resulting from their own negligence or the negligence of others. The purpose of this waiver is to ensure that individuals engaging in skateboarding and skating activities in Maine understand the potential dangers involved and assume full responsibility for their actions. By signing this document, skaters and skateboarders acknowledge that they are voluntarily participating in these activities and are aware of the inherent risks, which may include, but are not limited to: 1. Falls and collisions: Skateboarding and skating involve the risk of falling off the board or colliding with obstacles, other skaters, or fixed structures within the skate park. 2. Inadequate skill level: Participants acknowledge that they possess the necessary skills and experience to safely engage in skateboarding and skating activities. They understand that attempting tricks or maneuvers beyond their skill level may increase the risk of injury. 3. Equipment failure: Skaters and skateboarders recognize that equipment such as boards, shoes, helmets, or protective gear can malfunction or fail, contributing to accidents or injuries. 4. Park conditions: Participants understand that skate parks may have uneven or damaged surfaces, uneven terrain, cracks, or potholes, which could lead to accidents or injuries if not carefully navigated. Types of Maine Skater and Skateboarder Assumption of Risk, Waiver and Release: 1. Adult Assumption of Risk, Waiver, and Release: This specific waiver is drafted for individuals who are 18 years old or above, participating in skateboarding and skating activities. 2. Minor Assumption of Risk, Waiver, and Release: Created for individuals under the age of 18, this waiver must be signed by a legal guardian or parent permitting their child to engage in skateboarding and skating activities and explicitly waiving any claims on behalf of the minor. 3. Individual Assumption of Risk, Waiver, and Release: This type of waiver is designed for individual skaters and skateboarders, primarily for those visiting skate parks as independent participants. 4. Group Assumption of Risk, Waiver, and Release: For organized events or group activities at skate parks, this waiver allows multiple participants to sign and release liability collectively. It is important to note that these waivers are legally binding contracts, and participants should carefully read and understand the terms before signing. While the Maine Skater and Skateboarder Assumption of Risk, Waiver and Release aims to protect the skate park and its staff, it does not absolve entities from their duty to maintain a safe environment or prevent intentional or grossly negligent misconduct.
