Parks board approves MOU for Grinch performer at NIPCO rink; legal counsel outlines liability and waivers

The City of Elkhart Parks and Recreation board on Dec. 16 approved an MOU to bring a performer identified in paperwork as Robert Bershadzke to the NIPCO Water and Ice Park for a Grinch-themed skating appearance.

Liz Stoutner, event coordinator, introduced the new contract and said the city hoped to "build this relationship for future events" and would use the performer during evening skate sessions. Board members asked detailed liability questions: if a performer or patron is injured while skating, who bears responsibility and whether the contract or insurance covers such incidents.

Rose Rivera of the legal department explained how liability language works in the MOU: "Generally speaking, the most important thing is making sure that we have a wide enough window to pay... payment goes really quickly, and we can generally make it with a 30 net contract," and she later summarized that the MOU provides that performers and partners are responsible for their own negligence, recklessness and willful conduct. Rivera also said staff were coordinating waivers with HR and safety, and that parks staff act as skate guards who can regulate unsafe behavior.

The board approved the MOU by motion. There was discussion about existing waivers for skaters and the role of skate guards as frontline safety monitors. Staff said they are working with HR (Gloria Lopez referenced in discussion) to ensure waivers are in place and to manage insurance and operational details before the event.