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.
South Dakota Skater and Skateboarder Assumption of Risk, Waiver, and Release The South Dakota Skater and Skateboarder Assumption of Risk, Waiver, and Release form is a legal document designed to protect both the skaters/skateboarders and the owners/operators of skate parks and related facilities. This document outlines the potential risks and dangers associated with skating and skateboarding activities and serves to inform participants about their rights and responsibilities. Skaters and skateboarders are required to read and sign this waiver before engaging in any activities at skate parks or other designated areas. By signing this waiver, participants acknowledge that they understand and assume all risks, hazards, and potential injuries associated with skating and skateboarding. The waiver includes specific clauses and considerations such as: 1. Acknowledgment of Risks: Participants acknowledge that they are fully aware of the inherent risks associated with skating and skateboarding, including but not limited to falls, collisions, and injuries caused by uneven surfaces, equipment failure, or the actions of others. 2. Assumption of Responsibility: By signing the waiver, skaters and skateboarders accept full responsibility for their actions and any consequences that may arise from participating in these activities. This includes assuming responsibility for ensuring their own physical fitness, wearing appropriate safety gear, and operating equipment safely. 3. Waiver of Liability: Participants agree to release and discharge the owners/operators of skate parks and related facilities from any and all liability for personal injuries, property damage, or other losses that may occur during skating or skateboarding activities, regardless of whether they arise from the negligence of the facility or others. 4. Indemnification: Skaters and skateboarders agree to indemnify and hold harmless the owners/operators of skate parks and related facilities from any claims, losses, damages, or expenses (including legal fees) arising from their actions or participation in skating or skateboarding activities. There may be variations or additional clauses in different types of South Dakota Skater and Skateboarder Assumption of Risk, Waiver, and Release documents, depending on the specific skate park or facility. Some variants may include provisions that require individuals under the age of 18 to obtain parental or guardian consent, additional safety guidelines, or regulations specific to certain features or elements at the skate park. It is important for skaters and skateboarders to fully read and understand the contents of the waiver before signing it. By signing this document, participants acknowledge and accept the inherent risks and potential dangers of skating and skateboarding, thus ensuring a safer and more responsible experience for everyone involved.
