Item C28BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:- September 17, 2014 Division:Public Works/Engineering
Bulk Item: Yes x No ® Department:
AGENDA ITEM WORDStaff Contact Person/Phone #:Trish Smith 304-0412
Approval of revisions to the county's skate park rules and Skate Park Waiver and Release of Liability.
ITEM BACKGROUND:
Monroe County currently requires users of its skate park facilities to wear helmets, wrist pads, elbow pads, and
knee pads. Skateboarders are also required to have a notarized liability waiver on file at the facilities.
Skateboarders have complained that pads are uncomfortable and should be eliminated as a county requirement.
After reviewing Chapter 316.0085, Florida Statutes and researching requirements in other skate -friendly, Florida
communities, the following changes were reviewed and approved by the County Attorney's Office:
1) Continue to require the use of helmets.
2) Revise the mandatory pad rule to recommend pads for participants over the age of 12.
3) Continue to require the mandatory use of pads for those who are age 12 or younger.
4) Update the written rules to reflect these changes.
5) Update the Skate Park Waiver and Release of Liability form for consistency with Chapter 316.0085, FS.
These proposed changes were sent to the Parks and Recreation Advisory Board (PRAB) and the skate park
vendors for comments. Several PRAB members recommended eliminating the mandatory pad requirement
entirely since parents/guardians are required to sign a liability waiver for all their minor children, regardless of
age. The vendor for the Big Pine Skate Park recommended removing the requirement for a notary stamp on the
liability waiver form. The County Attorney's Office agreed with removing the mandatory pad requirement.
They agreed to remove the notary requirement with the following provisions; 1) For participants over the age of
18, a valid form of government -issued identification must be provided to the skate park attendant, and the
liability waiver form must be signed by the participant in the presence of the skate park attendant; and 2) For
minor children, the parent must be present to sign the waiver form in front of the attendant and must produce a
valid form of government -issued identification; and 3) A notarized waiver will be required if the form is not
executed on site in the presence of the skate park attendant.
PREVIOUS RELEVANT BOCC ACTION:
ZONTRACT/AGREEMENT CHANGES: N/A
TOTAL COST: _ INDIRECT COST: — BUDGETED: Yes —x No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: Qom® SOURCE OFF S:
REVENUE PRODUCING: Yes No x AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing _Risk Management
DOCUMENTATION: Included x Not Required_
DISPOSITION: AGENDA ITEM #
BOARD OF COUNTY COMMISSIONERS
n Mayor Sylvia J. Murphy, District 5
Uounty of MonroeMayor Pro Tem, Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
David Rice, District 4
Monroe County
Skate Park Waiver and Release of Liability
Participant's Name
Participant's Email Address
Parent's Name (if skater is under 18 years old)
Street Address
Home Phone
Emergency Contact
Date of Birth:
City State Zip
Work or Cell
Phone Number
READ CAREFULLY
Waiver and Release of Liability — Read Before SigninS
In consideration of being allowed to participate in any way at the Monroe County Skate Parks, I, the undersigned,
appreciate, and agree that:
1. The risk of injury from the activities involved in this program is significant, including the potential for
permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce this
risk, the risk of serious injury does exist even when these activities are conducted in accordance with all such
rules. These activities are inherently dangerous; and
2. 1 KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF
ARISING FROM THE NEGILIGENCE OF OTHERS, and assume full responsibility for my participation;
and
3. I willingly agree to comply with the stated and customary terms and conditions for participation. If, however,
I observe any unusual significant hazard during my presence or participation, I will remove myself from
participation and bring such to the immediate attention of the nearest official immediately; and
4. I, for myself and on behalf of my heirs, assigns, personal representatives, and next of kin, HEREBY
RELEASE AND HOLD HARMLESS THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS, their officers, officials, agents, and/or employees, other participants, advertisers, and, if
applicable, owners and lessors of premises used to conduct the event ("Releasees"); WITH RESPECT TO
ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER
ARISING FROM THE NEGILIGENCE OF THE RELEASEES OR OTHERWISE.
I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY AGREEMENT. I FULLY UNDERSTAND ITS
TERMS, AND I ALSO UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I
SIGN FREELY AND VOLUNTARILY.
FOR PARTICIPANTS OF MINORITY AGE (under the age of 18 at the time of registration)
This is to certify that 1, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her
release as provided above of all Releasees, and, for myself, my heirs, assigned, and next of kin. I release and agree to
indemnify the Releasees from any and all liabilities incident to my minor child's involvement or participation in these
programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, to the fullest
extent permitted by law.
Participant Name
Signature Date Signed
Parent/Guardian Signature (if under I
Print Name - Emergency Phone Number
Date Signed:
***Form must be notarized unless it is signed in the presence of the skate park attendant and a valid form of
government -issued identification is provided by the participant and/or the parent/guardian.
=. A
♦
Sworn to and subscribed before me this
By who is (check one)
Personally known to me —_ or has produced
My Commission Expires:
Notary Public
For internal use only:
Form of Identification
Attendant Signature
Attendant Name (Please Print)
K#1
SKATE PARK RULES AND REGULATIONS
1. All persons entering the skate park MUST have a signed waiver on file, no exceptions. The waiver
form must be notarized if it is not signed in the presence of a skate nark attendant. Children under the
age of 18 years old must have a parent or guardian sign the waiver. Children 10 and under must be
accompanied by a parent or guardian at all times. Eaeh skater- must have a signed release and waive
of liability befer-e entering the skating area. PaFtieipants under- 18 must have their- par-entiguar-dian
2. All skaters must check in for entry into the skate park Unlawful entry into the facility will result in a
trespassing citation and suspension from the facility. Eaeh skater- must sign in and be elear-ed dh-eu&
the skate fheility efflee prior- to enwing the skating area.
3. The skate park is used by inexperienced and experienced skaters. Helmets are required (Florida
Statute 316.0085) by all participants at all times while they are on the skating surface. Elbow and knee
pads are recommended for all skaters. ,
%Tist guards while en the skating suf&ee.
4. Only skateboards and inline skates are permitted. Bicycles of any We, rip sticks, scooters, motorized
skateboards, and rollerskates are not allowed.
5. Shirts and shoes are required at all times. .
6. No prefimity OF inappropriate wer-Oing on alediing. The pa* staff will dewmine inappropriate attir-e.
7. Cursing, swearing, use of foul or inappropriate language will not be tolerated.
8 An a It 18 yemms or _'a_- must aaeompany anyone under- the o= of4g—.Monroe County does not
assume responsibility for injuries. Use of the facilityis •s at your own risk. Serious iniM mgy occur
from colliding with other riders falling on the concrete surface, and from flying ng objects. In the event
of an emergency or iniury all skaters must discontinue skating until further directed by Monroe
County or its representatives,
9, . The following
are not permitted in the skating area:
• SM—O ing • Weapons of any kind
• Smokeless tobacco • Alcohol possession/consumption
• Drug use • Food and drinks
• Glass containers • Personal amplified music
• Gum • Skate Wax
• Pets
10. AN GBOBSUMPtiOR of any intoxica4ingbever-age or-eeFAFelled substance is prohibited.
11. Smoking is pFehibited inside the skating faci1ity-.
12. .
10. Monroe County and its representatives reserve the right to change the hours of operation as necessary and
to close the park due to inclement weather or special events. the , bay
exelusive diser-etion to elese th-e- Skate -A—A due te iffir-lem-e-at weather- or- for- any other- at an), time.
14. Waxing is not allewed,
11. Inappropriate behavior such as horseplay or fighting will not be tolerated. Anyone exhibiting reckless
behavior will be asked to leave the facility.
16.
17. Skating will be- all wmed- under. the super -vision of BPAA staff only. The attendant in charge will have
allthOFity to limit the number- of paFtieipants at any tifne to ensufe sa�my and to evaluate sk-i-11
patFens.
18. Anyone exhibiting r-eekless behavior- or thfowinWplaoing any fer-eign objeets inside the skating are
endangering patfons anEVer- speetater-s will be- e-siao-Aped- out of the park by paAE staff or- the Menfoo County
Shefiffs Depaftnient.
12. NO REFLDMS. No refunds. Rain checks will be given only within the first hour of participation
13. There is to be no tFespassing after Ube fi-arvility is elosed. T-Fespasser-s will be pFeseeuted te the A-11le-st eMent
of the law.
14. Rain cheeks will be given only within the fist hour- of paFtirsipation
Statutes & Constitution
Niew StatutesSunshine Page Iof2
The 2014 Flofi& Statutes
Title XXIII QVIer, 31 ViewChaoter
MOTOR#. r CONTROL
316.0085 Skateboarding; Inline skating; freestyle or mountain and off -road bicycling;
! r
(1) The purpose of this section Is to encourage governmental owners or lessees of property to make
Lan# available to the public for skateboarding,is i.and
freesty(e or mountain and
l property available for such activities because of the exposure to liability from lawsuits and the
prohibitive cost of insurance, if Insurance can be obtained for such activities. It is also recognized that
risks and dangers are Inherent In these activities, which risks and dangers should be assumed by those
participating .
#In this section,
"Governmental
1. The United States, the State of Florida, any county or municipality, or any department, agency,
or other Instrumentality thereof.
2. Any school board, special district, authority, or other entity exercising governmental authority.
(b) "Inherent risk" means those dangers or conditions that are characteristic #intrinsic# or
bicycling.integral part of skateboarding, intine skating, paintba(L, and freestyte or mountain and off -road
(3) This section does not -Brant authority or permission for a person to engage in skateboarding,
intine skatin&-painthalt,- or freestyle or mountain and off -road bicycling on property owned or controlled
by a governmental entity unless such governmental entity has specifically designated such area for
skateboarding, intine skating, paintball, or freestyle or mountain and off -road bicycling. Each
governmental entity shall post a rule In each specifically designated area that Identifies all
authorized
activities 1Indicateschildun17 derof
the governmental entity has obtained written consent, In a form acceptable to the governmental entity,
from the child's parents or legal guardians.
(4) A governmental entity or public employee is not liable to any person who voluntarily participates
I n skateboarding, fntine skating, painthalL, or freestyle or mountain and off- road bicycling for any
damage or Injury to property or persons which arises out of a person's participation in such activity, and
which takes place in an area designatedfor such activity.
(5) This section does not limit liabift that would otherwise exist for any of the following.
(a) The failure of the governmental entity or public employee to guard against or warn of a
dangerous condition of which a participant does not and cannot reasonably be expected to have notice.
(b) An act of gross negligence by the governmental entity or public employee that is the proximate
cause of the injury.
http;ll ,I ,state.f1.usl tatut slind -cfm A _mode= is iay t tute ch_ tring=..« 11 1
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(c) The failure of a governmental entity that provides a designated area for skateboarding, inline
skating, paintbail, or freestyte or mountain and off -road bicycling to obtain the written consent, in a
form acceptable to the governmental entity, from the parents or legal guardians of any child under 17
years of age before authorizing such child to participate In skateboarding, intine skating, paintball, or
freestyle or mountain and off -road blcvcLfna In sucl
Failure to comply with the requirements of this paragraph shall constitute negligence.
(8) The fact that a
governmental covers any act
described in this
section shall not constitute a waiver of the protections set forth in this section, regardless of the
existence f•limitsofsuch coverage.
Copyright w .. . The Florida Legislature Privacy StatgMMt o QWct Us
http://www.leg,state.fl,usIStatuteslindex,cfm?App—moDispl y Statut Search Strang=.,, 11/2014
EXISTING WAIVER D RULES
MONROE COUNTY SKATEBOARD PARK PARTICIPANT AGREEMENT
Assumption of Risk. Waiver of Liability. Covenant Not To Sue and Indemnification Agreement
NOTICE: This form is a Release and Waiver of Liability, Assumption of the Risk, Indemnity, Covenant not
to Sue, and Parental Consent Agreement pursuant to Section 316.0085, Florida Statutes, which provides a
limitation of liability for governmental entities, and Agreement Not to Sue, with respect to persons who
participate in skateboarding, in -line skating and free style bicycling on government property. When signed,
this form is a contract with legal consequences.
PLEASE READ IT CAREFULLY BEFORE SIGNING.
In consideration of the opportunity afforded to me and/or my child/ward named herein to participate in
activities conducted at the Skate Park, I, the undersigned Adult Participant or Minor Participant and
Guardian(s), on behalf of myself and/or my child/ward, my heirs, personal representatives, administrators,
legal representatives, assigns, or successors (hereafter referred to as PARENT/PARTICIPANT) named
herein, do freely agree to make the following contractual representations and agreements:
I, the PARENT/PARTICIPANT, expressly acknowledge, realize and understand the inherent risks
and dangers associated with skateboarding and with the activities conducted in the Skate Park and that
skateboarding (and other activity at the park) is a dangerous activity regardless of the care taken by the
owners or operators of the skateboard park.
Assumption of Inherent Risks. (1) Falls are the major cause of skateboarding injuries and can result
from variations in terrain (such as rocks, surface imperfections, slippery surfaces, wet surfaces, puddles, or debris),
attempting even simple maneuvers, tripping, losing one's balance and other reasons. Injuries can also result from
collisions with other skateboarders, spectators, man-made terrain features, fences, fence posts, fixtures, equipment,
machinery, and/or other objects. Skateboard failure or defects can also result in injuries. (2) Aggressive
skateboarding, failure to stay within the limits of one's abilities, inadequate skill or fitness to perform the activity,
and activity in high temperatures are also some of the causes of injury or illness. (3) These injuries can range in
seriousness from minor to catastrophic. Some examples of common minor injuries would include, but are not
limited to, bruises, scrapes and cuts. Less frequent but serious injuries can include, but are not limited to, such
injuries as muscle sprains and tears, broken bones, concussions, dental injuries, concussion, eye injuries, and injury
to internal organs. (4) Finally, injuries can be catastrophic in nature. These injuries are rarer and include, but are
not limited to, permanent injuries to joints such as shoulder, knee, and elbow, heat -related illnesses, spinal injuries
(including paralysis), heart attacks, head injuries resulting in memory loss or coma, and death.
I have read the previous paragraphs, acknowledge the nature of the activity of skateboarding and other
utivities. in the _park;l understand the_demands of those -activities -relative-to -the physical condition -and -skill --level of
a participant/skateboarder, and I appreciate the types of injuries that may occur as a result of skateboarding and
other activities in the park. I hereby assert that my participation is voluntary and I knowingly assume all inherent
risks of the activity. This includes, but is not limited too, risks and dangers caused by my own actions or inaction;
dangers of collision with spectators, other participants, and fixed or moving objects; danger arising from surface
hazards, equipment failure inadequate safety equipment, and weather conditions. I understand and agree that
situations may arise during participation in the activity that may be beyond the immediate control of the MCBPAA
and I must continually act so as not to endanger others or myself.
Waiver of Liability. Release. and Discharge. In consideration of permission to use the property,
facilities, and services of the Monroe County Skate Park, today and on all future dates, I, the
PARENT/PARTICIPANT do hereby release, waive, and discharge both MCBPAA from any and all liability or
claims resulting from the use of the park or from the inherent risks of the activity of skateboarding or from other
activities that may be sustained by me, my child/ward, for any and all damages, personal injury (including death),
social and economic losses, and any rights or claims that may be sustained by me directly or indirectly in
connection with, or arising out of, my and/or my child's/ward's participation in the activity (including, but not
limited to, ordinary negligence, incidents, training activities, practice, competition, events, classes, assisting other
skaters, observation, individual use of facilities or equipment, shower/locker room area, and all premises including
bleachers, the associated sidewalks and parking lots); and to all claims resulting from the damage to, loss of, or theft
of property.
Indemnification. 1, the PARENT/PARTICIPANT also agrees to hold harmless, defend, and indemnify
MCBPAA (that is, defend MCBPAA and pay any judgment and costs incurred by MCBPAA, including
1
investigation costs and attorney's fees) from any and all claims of the participant, parents, family members, or
others arising from inherent risks of skateboarding or the ordinary negligence of MC/BPAA and also against any
and all claims of co -participants, rescuers, and others arising from the conduct of the participant in the course of his
or her participation in skateboarding.
Covenant not to Sue, Agree to Mediation, and Severability Clauses. 1, the PARENT/PARTICIPANT,
covenant not to sue MC/BPAA for any present or future claim arising from my skateboard participation or that of
my child/ward. This includes claims arising from the inherent risks, for ordinary negligence, as well as all other
risks already cited in this agreement with MC/BPAA. Further, 1, the PARENT/PARTICIPANT, covenants not to
sue MC/BPAA; and agree to engage in good faith mediation of any legal dispute that might arise, and that any
agreement reached at mediation shall be formalized in a written contractual agreement at the time of mediation and
shall be binding.
1, the PARENT/PARTICIPANT, further expressly agree that this Agreement (including
Assumption of the risk, Waiver of Liability, Covenant not to Sue, Indemnification Agreement) is intended to
be as broad and inclusive as is permitted by the laws of the State of Florida and that if any portion thereof is
held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Venue. 1, the PARENT/PARTICIPANT, agree that venue for any action, claim or dispute is in Monroe
County, Florida.
Acknowledgements. Assertions. and Agreements.
Health Status - I, PARENT/PARTICIPANT, assert that the skateboarder: (1) Does not have asthma,
diabetes, anaphylaxis, epilepsy, heart disease or blood pressure; (2) has no other medical problems that would
contra -indicate participation in skateboarding or would endanger myself or others; and (3) possesses a sufficient
level of physical fitness and coordination to enable safe participation in skateboarding.
Emergency Care - 1, the PARENT/PARTICIPANT authorizes MC/BPAA (1) to administer emergency
first aid, CPR, and use an AED when deemed necessary by MC/BPAA, if such care is available; (2) to secure
emergency medical care or transportation (i.e., EMS) when deemed necessary by MC/BPAA; (3) to share my
medical history with emergency medical personnel when deemed necessary by MC/BPAA; and agrees to assume all
-costs-of emergency -medical -care ant-transpoffatkon.
Rules & Safety Equipment - 1, PARENT/PARTICIPANT agree: (1) to abide by the rules established by
MC/BPAA and I agree that is my sole responsibility to be familiar with any Rules and Regulations imposed for the
particular activity; (2) to inform MC/BPAA IMMEDIATELY if I become aware of skateboarder conduct or a
facility condition that presents a danger to skateboarders or others; (3) that I understand the importance of wearing
helmets, kneepads, elbow pads, and other required equipment and agree to. wear the required equipment at all times
during participation and I accept responsibility for the condition and adequacy of my equipment; (4) that the parent
or guardian has explained the risks and benefits to the child/ward; that the child understands the risks; and that the
child/ward and PARENT/PARTICIPANT agree to assume the risks of the activity; and (5) that the Monroe County
Skate Park will operate the facility and conduct the activity in good faith and may firid it necessary to terminate
skateboarder's participation in an activity when the supervisor judges the skateboarder to be incapable of safely
meeting the rigors of the activity. I, PARENT/PARTICIPANT, accept Monroe County Skate Park's right to take
such actions for the safety of the participant and/or other skateboarders.
Acknowledgement of Understanding• 1, the PARENT/PARTICIPANT, agrees that the above
representations are contractually binding and are not mere recitals, and that should I or my
child/ward, my heirs, personal representatives, administrators, legal representatives, assigns, or
successors assert my claim in, contravention of this Agreement, I or my child/ward, my heirs, personal
representatives, administrators, legal representatives, assigns, or successors shall be liable for the
expenses (including legal fees and costs) incurred by the other parties in defending, unless the other
party or parties are finally adjudicated liable on such claim for gross negligence. This contract cannot
be amended orally.
1, the PARENT/PARTICIPANT, have read this Monroe County Skateboard Park Participant
Agreement - Assumption of Risk. Waiver of Liabilily. and Indemnification Agreement and fully
understand its terms. I also understand that I and my child/ward, my heirs, personal representatives,
administrators, legal representatives, assigns, or successors, have given up substantial rights, including
the right to sue MC/BPAA. I further agree that I have signed it freely and voluntarily, and without any
inducement or assurance of any nature and intend my signature to be a complete and unconditional
release of any and all liability to the greatest extent allowed by law of the State of Florida.
Date
Name of participant (please print)
Address
City, State, Zip
Age of Participant
Phone
Who to Notify in Case of Emergency Phone
Signature of Participant
PARENT/GUARDIAN: 1, a PARENT/GUARDIAN, of the above -named minor (under 18
years of age), have read and understand its terms. I understand the nature of the activities conducted
in the Skate Park and the minor's experience and capabilities and state that the minor is qualified to
participate in such activity. I hereby give my permission for my child/ward to participate in the
activity and further agree, individually and on behalf of my child/ward, to be bound by the terms of
the above Agreement. By signing this waiver, I state that I have fully read, understand and agree to
the rules listed on the reverse side of this form.
Signature of Parent/Guardian of Minor
Name (please print) Date
Address
City, State, Zip
Phone
Sworn to (or affirmed) and subscribed before me this day of 20_ by
Signature of Notary
Personally known OR
Produced Identification — Type of Identification Produced
Employee's Name (please print)
Employee's Signature
SKATE PARK RULES AND REGULATIONS
1. Each skater must have a signed release and waiver of liability before entering the
skating area. Participants under 18 must have their parent/guardian sign the release
and waiver for them.
2. Each skater must sign in and be cleared through the skate facility office prior to
entering the skating area.
3. Each skater must wear a helmet, elbow pads, knee pads, and wrist guards while on the
skating surface.
4. Only skateboards and inline skates are permitted.
5. Shirts and appropriate clothing must be worn at all times.
6. No profanity or inappropriate wording on clothing. The park staff will determine
inappropriate attire.
7. Cursing, swearing, use of foul or inappropriate language will not be tolerated.
8. An adult 18 years or older must accompany anyone under the age of 10.
9. Food (including gum and candy) and beverages are not allowed on the skating
surface.
10. Possession or consumption of any intoxicating beverage or controlled substance is
prohibited.
11. Smoking is prohibited inside the skating facility.
12. Coolers, backpacks, and boom boxes will not be allowed in the skating area.
13. Monroe County and the BPAA, as the park operator, have exclusive discretion to
close the Skate Park due to inclement weather or for any other at any time.
14. Waxing is not allowed.
15. Inappropriate behavior will not be tolerated.
16. Skaters and skateboarders must practice courtesy.
17. Skating will be allowed under the supervision of BPAA staff only. The attendant in
charge will have the authority to limit the number of participants at any time to
ensure safety and to evaluate skill levels of patrons.
18. Anyone exhibiting reckless behavior or throwing/placing any foreign objects inside
the skating area or endangering patrons and/or spectators will be escorted out of the
park by park staff or the Monroe County Sheriff s Department.
20. There is to be no trespassing after the facility is closed. Trespassers will be prosecuted
to the fullest extent of the law.
21. Rain checks will be given only within the first hour of participation
F11