ASSUMPTION OF RISK, RELEASE OF LIABILITY AND PHOTOGRAPHY RELEASE. READ BEFORE SIGNING.
I understand that triathloning, cross country skiing, skijoring, running, trail running, rollerskiing, paddling, cycling, mountain biking, ice bike and snow bike racing, orienteering, in-line skating, events on ice, as well as preparation for participation in, coaching, volunteering, officiating and related or similar activities in competitions, camps, trainings and clinics (hereinafter collectively referred to as "Activities"), involve many RISKS, DANGERS and HAZARDS. These risks, dangers and hazards include, but are not limited to, changing weather, variations in steepness or terrain, natural and man-made obstacles and structures, falling through or on ice, equipment failure, collisions with objects or structures, being struck by competitors/riders or equipment, coming in contact with one or more persons infected with the novel coronavirus, SARS-CoV-2, contracting a communicable disease, including the potentially life-threatening COVID-19, and exceeding one's own abilities. I further understand that competition may be more hazardous than recreational activity. I understand that INJURIES OF ALL TYPES ARE A COMMON AND ORDINARY OCCURRENCE of the Activities. I know that the risk of SEVERE INJURY and even DEATH exists in the training and competition for the Activities. I also know that personal training, coaching, instruction, supervision and enforcement of rules by the Loppet Foundation and Loppet Adventures, and their respective subsidiaries, affiliates, officers, directors, volunteers, employees, coaches, contractors and representatives, local ski clubs, competition organizers and sponsors, and facility operators (hereinafter the term "Foundation" shall be used to refer to all such persons and entities collectively) do not and cannot guarantee my safety.
In addition, the undersigned acknowledges that SARS-CoV-2 infections have been confirmed throughout the United States, including numerous cases in Minnesota and Wisconsin. In accordance with the most recent guidance and protocols issued by the World Health Organization (WHO), the Centers for Disease Control and Prevention (CDC), the Minnesota Department of Health (MDH), for slowing the transmission of SARS-CoV-2 and the COVID-19 disease, the undersigned hereby agrees, represents, and warrants that neither the undersigned nor my participating children or children that I am guardian of and that I am signing on behalf of (hereafter “participating children”) shall visit or utilize the facilities, services, and programs of the Loppet Foundation (other than any exclusively online services and programs) within 14 days after (i) returning from highly impacted areas subject to a CDC Level 3 Travel Health Notice, (ii) exposure to any person returning from areas subject to a CDC Level 3 Travel Health Notice, (iii) exposure to any person who has a suspected or confirmed case of COVID-19, or exhibiting COVID-19 or flu-like symptoms. The CDC website maintains both a list of Level 3 Travel Notices and a list of COVID-19 symptoms, and is continuously updating these lists. The undersigned agrees on behalf of his/herself and participating children that they are aware of these lists and the countries and symptoms listed.
The undersigned agrees to check the CDC Travel Health Notices list (https://www.cdc.gov/coronavirus/2019-ncov/travelers/map-and-travel-notices.html) and the CDC Symptoms list (https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html) prior to utilizing the facilities, services, and programs of the Loppet Foundation, on a daily basis if necessary. The undersigned hereby agrees, represents, and warrants that neither the undersigned nor participating children shall visit or utilize the facilities, services, and programs of the Loppet Foundation if he or she (i) experiences symptoms of COVID-19, or (i) has a suspected or diagnosed/confirmed case of COVID-19. The undersigned agrees to notify the Loppet Foundation immediately if he or she believes that any of the foregoing access/use restrictions may apply.
The Loppet Foundation has taken certain steps to implement recommended guidance and protocols issued by the Public Health Agencies for slowing the transmission of COVID-19, including, without limitation, the access/use restrictions set forth above. The undersigned acknowledges and agrees that the Loppet Foundation may revise its procedures at any time based on updated recommended guidance and protocols issued by the Public Health Agencies and further agrees to comply with the Loppet Foundation's revised procedures prior to utilizing the facilities, services, and programs of the Loppet Foundation. The undersigned further acknowledges and agrees that, due to the nature of the facilities, services, programs and Activities offered by the Loppet Foundation, the Loppet Foundation cannot guarantee either that such recommended guidance and protocols will be followed at all times, or that such guidance and protocols, even when followed, will necessarily protect against exposure to SARS-CoV-2 and the COVID-19 disease. Without limitation, social distancing of 6 feet per person among children and their caregivers in a childcare setting may not be possible. The undersigned fully understands and appreciates both the known and potential dangers of utilizing the facilities, services, programs and Activities of the Loppet Foundation and acknowledges that use thereof by the undersigned and/or participating children may, despite the Loppet Foundation's efforts to mitigate such dangers, result in exposure to SARS-CoV-2 and the COVID-19 disease, which could result in quarantine requirements, serious illness, disability, and/or death. While the undersigned, on behalf of his/herself and participating children agree to follow all guidelines, protocols and instructions of the Loppet Foundation personnel, the undersigned and his/her participating children understand and agree that they are responsible for their own safety and efforts to avoid exposure to SARS-CoV-2 and the COVID-19 disease, and are not relying on the Loppet Foundation in this regard.
With full knowledge and understanding of the RISK OF SEVERE INJURY AND DEATH involved in competition, I FREELY AND VOLUNTARILY ACCEPT AND FULLY ASSUME THE RISK THAT I MAY SUFFER TEMPORARY, PERMANENT OR EVEN FATAL INJURIES, even if I follow the instructions or advice of the Foundation.
In partial consideration of the acceptance of my registration for Activities and/or competition, and in spite of the risk of severe or permanent injury, or even death, the undersigned (hereinafter "Participant") agrees to comply with and be bound by the following terms at all times, whether participating, training or practicing for competition, or in competition for the Activities.
1. Participant hereby unconditionally WAIVES AND RELEASES ANY AND ALL CLAIMS, AND AGREES TO HOLD HARMLESS, DEFEND AND INDEMNIFY The Loppet Foundation, Loppet Adventures, the City of Minneapolis, the Minneapolis Park & Recreation Board, the Minneapolis Public Schools, the Minneapolis Department of Community Education, Trips for Kids, True North Adventures, the Greenway Coalition, Wheel Fun Rentals, Loppet sponsors, the City of Golden Valley, the Courage Center, the Minnesota Orienteering Club, the Minnesota Youth Ski League, Wilderness Inquiry, Recreational Equipment, Inc., the Minikahda Club, BNSF Railway, and Canadian Pacific Railway, Hennepin County, City of Robbinsdale, Three Rivers Park District, Twin Cities and Western Railroad Company (together, “Organizers” or “The Organizers”) FROM ANY CLAIMS, present or future, known or unknown, to Participant or his/her property, or to any other person or property, for any loss, damage, expense, or injury (including DEATH), including any transportation to or from the site of the Activity, suffered by any person from or in connection with Participant’s participation in any Activities in which The Organizers are involved in any way, due to any cause whatsoever, INCLUDING NEGLIGENCE and/or breach of express or implied warranty on the part of the Organizers. Participant agrees not to sue or make a claim against any of the Organizers for any loss, harm, injury or death that may occur during or after the Activity. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Organizers against any and all claims for my own negligence and any other claim arising from my acts or failure to act during the Activities. I further agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
2. Participant hereby RELIEVES the Organizers OF ANY DUTY TO PROTECT PARTICIPANT FROM HARM in connection with any Activities in which the Organizers are involved in any way. Participant also understands and agrees that any equipment used or borrowed from an Organizer is used at Participant’s own risk and such equipment is provided without any warranty regarding its condition or suitability.
3. Participant authorizes The Foundation to obtain medical care for, or transport him/her to a medical facility or hospital if, in the opinion of The Foundation, medical attention is required and the Participant is unable to make such decisions for himself/herself. Participant agrees to pay all costs associated with such medical care and related transportation and shall DEFEND, INDEMNIFY AND HOLD HARMLESS The Foundation of and from the consequences of such decision and from any such costs incurred relating to the provision of medical care.
4. Participants agrees never to utilize any run, course or facility for any training, practice or competition without first conducting his/her own thorough visual inspection of the run, course or facility. Participant agrees to follow the rules and directions provided to Participant by the leaders or instructors of the Activities.
5. This Agreement shall be construed in accordance with, and governed by the substantive laws of, the State of Minnesota (for any injury or dispute arising out of a Loppet Foundation activity), without reference to principles governing choice or conflicts of laws. In addition, Participant agrees that all lawsuits for personal injury or related loss against the Organizers must be maintained in state courts sitting in Hennepin County, Minnesota or federal district courts sitting in the District of Minnesota and Participant consents and agrees that jurisdiction and venue for such proceedings shall lie exclusively with such courts. In the event any portion of this release is found to be unenforceable, the remaining terms shall be fully enforceable.
6. Participant agrees to allow the Organizers to use his/her photograph for any and all promotional purposes.
HAVING CAREFULLY READ AND UNDERSTOOD THE FOREGOING AND UNDERSTANDING IT TO BE A LEGALLY BINDING RELEASE AND INDEMNITY AGREEMENT, PARTICIPANT SIGNIFIES HER/HIS ASSENT TO THE ABOVE TERMS BY SIGNING BELOW.
SIGNATURE OF PARENT OR GUARDIAN REQUIRED BELOW FOR MINOR PARTICIPANTS
As the parent or guardian of the minor Participant named above, I hereby make and enter into each and every agreement, representation, waiver and release described above on behalf of myself, the Participant, and any other parent or guardian of the Participant, intending that they be binding on me, the Participant, and our respective heirs, executors, administrators and assigns. I intend to give up my right, the Participant's right, and the right of any other parent or guardian to maintain any claim or suit against the Organizers arising out of the Participant's involvement in any Activities involving the Organizers in any way. I believe and represent that I HAVE LEGAL AUTHORITY TO MAKE THESE AGREEMENTS, REPRESENTATIONS, WAIVERS AND RELEASES, AND I AGREE TO DEFEND AND INDEMNIFY the Organizers from and against any and all liability arising out of any lack of authority on my part to legally bind the Participant, or any unenforceability for any reason of the above agreements, representations, waivers and releases made by or on behalf of the Participant.
I UNDERSTAND THAT CHECKING THE BOX BELOW CONSTITUTES A LEGAL SIGNATURE CONFIRMING THAT I ACKNOWLEDGE AND AGREE TO THE ABOVE TERMS.
SIGNATURE OF PARENT OR GUARDIAN REQUIRED BELOW FOR MINOR COMPETITORS As the parent or guardian of the minor Competitor named above, I hereby make and enter into each and every agreement, representation, waiver and release described above on behalf of myself, the Competitor, and any other parent or guardian of the Competitor, intending that they be binding on me, the Competitor, and our respective heirs, executors, administrators and assigns. I intend to give up my right, the Competitor's right, and the right of any other parent or guardian to maintain any claim or suit against COLNSF arising out of the Competitor's participation in any Activities involving COLNSF in any way. I believe and represent that I HAVE LEGAL AUTHORITY TO MAKE THESE AGREEMENTS, REPRESENTATIONS, WAIVERS AND RELEASES, AND I AGREE TO DEFEND AND INDEMNIFY COLNSF from and against any and all liability arising out of any lack of authority on my part to legally bind the Competitor, or any unenforceability for any reason of the above agreements, representations, waivers and releases made by or on behalf of the Competitor.