1. Who this is with
This agreement is between you and the company that operates the arena.
This Day Labor Agreement and Release ("Agreement") is between you and Stemerman Sports Entertainment, LLC dba: LECOM Event Center, 155 N Main St, Elmira, NY 14901, together with its owners, members, managers, operators, officers, employees, contractors and agents (together, "the Venue"). It applies to your sign-up for the Venue's day labor list and to every shift you accept while you remain on it.
2. No promise of work
Signing up puts you on a list. It does not promise you a shift, and you can say no to any shift we offer.
Joining the list is not an offer of employment and is not a guarantee of any work, hours or pay. Each shift is offered separately, at the Venue's sole discretion, and you are free to decline any shift. The Venue may decline your sign-up, stop offering you shifts or remove you from the list at any time, for any lawful reason, with or without notice.
3. The work is physical and has real risks
This is physical work around heavy equipment, ice, vehicles and sometimes animals. People can get hurt doing it. Only take a shift you are fit to do.
You understand that the work may include lifting, carrying, pushing and pulling heavy objects; working on or near ice and on wet, slippery or uneven floors, stairs and loading docks; working around vehicles, forklifts, staging and other equipment; work at height; cleaning, including animal waste and the use of cleaning chemicals; loud noise; and work near crowds and live animals. These activities carry a risk of serious injury. You confirm that you are physically able to do the work you accept, and that you will tell a supervisor before you start if anything would stop you doing a task safely.
4. Safety rules
Follow instructions, wear what you are told to wear, only use equipment you have been cleared to use, never work under the influence, and report any injury straight away.
You agree to follow all safety instructions and Venue rules; to wear the protective equipment and footwear required for the task; to use only the tools and equipment you have been shown and authorized to use; not to report for or perform work under the influence of alcohol, cannabis, illegal drugs or any substance that impairs you; to stay within the areas you are assigned; and to report every injury, near miss, damage or unsafe condition to a supervisor immediately, and in every case before you leave the building. A supervisor may end your shift at any time if these rules are not followed.
5. Your information and your ID
What you tell us has to be true and the ID has to be yours. We may check it.
You confirm that you are at least 18 years old, that the information you provide is true and complete, and that the identification you submit is your own valid government-issued identification. You authorize the Venue to verify your identity and the information you provide. False or misleading information is grounds for removal from the list. Before you work a shift you may be asked to complete documents the law requires, including proof that you are authorized to work in the United States.
6. Belongings, property and what you see backstage
Look after your own things; we are not responsible if they are lost or damaged. Do not take, misuse, photograph or post anything from behind the scenes.
You are responsible for your personal property, including vehicles, tools, phones and valuables, and the Venue is not responsible for its loss, theft or damage. You will not remove, misuse or deliberately damage property belonging to the Venue, a tenant, a touring production or a guest. You will not photograph, record or publish non-public areas, performers, productions, equipment or business information, and you will keep confidential anything non-public that you learn while working. To the extent the law allows, you are responsible for loss or damage you cause intentionally or through reckless misconduct.
7. Release of claims
As far as the law allows, you accept the risks of this work and agree not to hold the Venue responsible for injuries or losses that come from doing it, unless the Venue caused them through gross negligence or deliberate wrongdoing. This does NOT take away any right the law says you cannot sign away, including workers' compensation if you are hurt on the job, and wages you are owed.
To the fullest extent permitted by law, you knowingly and voluntarily assume the risks described in this Agreement, and you release and hold harmless the Venue from all claims, demands and causes of action for personal injury, illness, death, or loss of or damage to property arising out of your presence at the Venue or your participation in the work, except to the extent caused by the Venue's gross negligence or willful misconduct. Nothing in this Agreement waives, limits or releases any right or benefit that cannot lawfully be waived, including any right to workers' compensation benefits, to wages owed, or under any law that protects workers, and this Agreement is to be read so as to preserve those rights.
8. Medical emergencies
If you are hurt and cannot speak for yourself, we can get you emergency medical help.
If you are injured or become ill and are unable to give consent, you authorize the Venue to obtain emergency medical treatment for you, including calling emergency services. The cost of treatment is your responsibility except where the law or applicable insurance provides otherwise.
9. The fine print
New York law applies. If a court throws out one part, the rest still stands. Typing your name and ticking the box is your signature.
This Agreement is governed by the laws of the State of New York, and any dispute will be brought in the state or federal courts located in or serving Chemung County, New York. If any part of this Agreement is held unenforceable, that part will be enforced to the fullest extent permitted and the rest will remain in effect. The Venue may update this Agreement; a new version applies to you only after you have agreed to it. You agree that typing your name and checking the box is your electronic signature and has the same effect as signing on paper.
