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.
North Dakota Skater and Skateboarder Assumption of Risk, Waiver and Release is a legal document that outlines the potential risks associated with participating in skateboarding or skating activities in North Dakota. It intends to inform skateboarders and skaters about the inherent dangers involved in these activities and establish a clear understanding of the participant's responsibility for their personal safety. The Skater and Skateboarder Assumption of Risk, Waiver, and Release form acts as a binding agreement between the participant and the organization or property owner where the skateboarding or skating activities take place. By signing this waiver, the skater accepts all the potential risks that may arise during their participation and acknowledges that they are fully responsible for their actions and any resulting injuries or damages. This document typically includes the following components: 1. Assumption of Risk: The participant acknowledges that skateboarding and skating activities involve inherent risks and dangers, including but not limited to falls, collisions, equipment failure, and contact with obstacles, terrain, or other participants. 2. Release of Liability: The participant agrees to release, waive, and discharge any claims or liabilities against the organization, property owner, event organizers, sponsors, and their respective representatives or employees for any injuries, damages, or losses that may occur while participating in the activity. 3. Indemnification: The participant agrees to indemnify, defend, and hold harmless the organization, property owner, event organizers, and sponsors from any claims, demands, or legal actions brought by third parties as a result of their participation in the skateboarding or skating activities. 4. Personal Responsibility: The participant acknowledges that they are solely responsible for their own actions and the decision to participate in the activity, and they will adhere to all safety guidelines, rules, and instructions provided by the organization, property owner, or event organizers. 5. Parental Consent (if applicable): If the participant is a minor, a section for parental or guardian consent will be included, ensuring that the parent or guardian has also read and understood the risks and waivers outlined in the document. Different types of North Dakota Skater and Skateboarder Assumption of Risk, Waiver, and Release forms may exist, depending on the specific organization, event, or property where the activities take place. The content and language may vary slightly, but the main purpose remains consistent — to inform participants of the risks involved and establish their consent and release from liability.
