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WAIVER, HOLD HARMLESS, INDEMNITY & ASSUMPTION OF RISK AGREEMENT
Snowfestpondhockey.com
Participant/Releasor/Indemnitor:____________________________________________________
(your name here)
Event: Snowfest Pond Hockey
Premises: Lakewoods, Inc.(dba Lakewoods Resort)
Date of Event: January 12-15, 2018
Indemnitees/Releasees: All organizers, premises, Snowfestpondhockey.com, Lakewoods, Craig M. Stenson and related affiliates.
THIS WAIVER, HOLD HARMLESS, INDEMNITY & ASSUMPTION OF RISK AGREEMENT (the "Agreement") is made as of by and between Releasees as the person or entity receiving indemnity (hereinafter also referred to as "Indemnitee" or “Releasees”), including Lakewoods Inc., dba Lakewoods Resort (“Premises” or “Lakewoods”), and Self/Participant/Undersigned, as the person or entity bound to provide and/or protect the Indemnitee (hereinafter referred to as the "Indemnitor" or “Releasor”), collectively referred to as the "Parties."
WHEREAS, for consideration of participating in the Events and other value hereby stipulated, the Indemnitor/Releasor, on behalf of her/his self, and her/his agents, family, guests, associates and heirs hereby holds harmless and indemnifies the Releasees/Indemnitee and its officers, directors, agents, servants, and/or employees successors and assigns (“Indemnitees” or “Releasees”) from any and all liabilities, losses, claims, judgments, suits, fines, penalties, demands or expenses, including, but not limited to, all reasonable costs for defense and investigation and pursuit thereof (including but not limited to attorney's fees, court costs and expert fees) claimed by anyone by reason of injury or damage to self, persons or property sustained in or around SnowFestPondHockey Events or Premises, such as consumption of alcohol, camp fires, use of Premises, recreational ice hockey, including on unimproved, untested and uncertified natural ice, and other events proximately resulting from the acts or omissions of the Indemnitee, its agents, successors and assigns or arising out of the organization, operation or actions of the Indemnitee; provided however, that upon the filing of any and all claims by the undersigned Indemnitor or family, affiliate or agent of Indemnitor for damages arising out of such events or incidents above, then the Indemnitee, at his/her sole discretion, shall notify Indemnitor of such claim at a time of Indemnitee’s choosing, and Indemnitor shall indemnify, defend, and hold Indemnitee harmless; however, Indemnitee on its own accord and election may exercise any right to settle, compromise, and/or defend the same at Indemnitee’s cost, which shall then be paid in full by Indemnitor upon presentment by Indemnitee to Indemnitor, including costs of defense, attorney fees and collection costs. The Indemnitor hereby certifies that s/he is in good physical health to participate in the Events, that he/she has had an opportunity to inspect the property, hire an expert to do same, and to inform herself/himself of any and all known and unknown hazards, and hereby ASSUMES ALL RISK, known and unknown, of injury and damage to her/his self, others and the premises, including but not limited to personal injury in any way related to the above event and premises, including those associated with the above events, the influence of alcoholic beverages, and transportation to/from the above event. Indemnitee makes NO WARRANTY, promise or certification as to the safety of the Premises or the events above. Ice is hazardous. All non-Indemnitee participants are assuming All Risks.
SPECIFICALLY, it is the purpose of this agreement to exempt, waive, relieve and release from liability for personal injury, property damage, and wrongful death, including if caused by negligence, including the negligence of others and of Releasees. “Releasees” include Craig M. Stenson, Lakewoods, its affiliate associations, local associations, member teams, event hosts, other participants, coaches, officials, sponsors, advertisers, and each of them, their officers, directors, agents and employees. For and in consideration of the undersigned participant’s registration for this Event and being allowed to participate in the Event, stipulated as sufficient, participant/releasor/indemnitor waives, releases and relinquishes any and all claims for liability and cause(s) of action, including for personal injury, property damage or wrongful death occurring to participant, arising out of participation in the Events, member team activities, the sport of ice hockey, and/or activities incidental thereto, whenever or however they occur and for such period said activities may continue, and by this agreement any such claims, rights, and causes of action that participant may have are hereby waived, released and relinquished, and participant does so on behalf of his/her heirs, executors, administrators and assigns. Participant acknowledges, understands and assumes all risks relating to ice hockey, related events and activities, and any member team activities, and understand that ice hockey and member team activities involve risks to participant’s person including bodily injury, partial or total disability, paralysis and death, and damages which may arise therefrom and that participant has full knowledge of said risks. These risks and dangers may be caused by the negligence of the participant or the negligence of others, including the Releasees identified herein. These risks and dangers include, but are not limited to, facilities and playing surfaces and equipment, playing with bigger, faster and stronger participants, and these risks and dangers will increase if participant participates in ice hockey and member team activities above participant’s skill and health levels. Participant further acknowledges that there may be risks and dangers not known or not reasonably foreseeable at this time. Participant acknowledges, understands and agrees that all of the risks and dangers described throughout this agreement, including those caused by the negligence of participant and/or others, are included within this waiver, release and relinquishment described herein. Participant agrees to abide by and be bound under the rules of the organizer and facilities, including to binding arbitration should the Releasees so elect. Participant acknowledges, understands and assumes the risks, if any, arising from the conditions and use of natural ice on ponds and frozen or partially frozen surfaces, which may contain insufficient thickness, preparation, and hidden risk and hazards, and on ice hockey rinks and related premises and areas, and acknowledge and understand that included within the scope of this waiver and release is any cause of action (including any cause of action based on negligence) arising from the performance, or failure to perform, maintenance, inspection, supervision or control of said areas, and for the failure to warn of dangerous conditions existing with said surfaces and rinks or negligent supervision of the participants. If the law in any controlling jurisdiction renders any part of this agreement unenforceable, the remainder of this agreement shall nevertheless remain enforceable to the full extent, if any, allowed by controlling law. This agreement affects your legal rights, and you may wish to consult an attorney concerning this agreement. Participant agrees if any claim for participant’s personal injury or wrongful death is commenced against Releasees, he/she shall defend, indemnify and save harmless Releasees from any and all claims or causes of action by whomever or wherever made or presented for participant’s personal injuries, property damage or wrongful death. Participant acknowledges that he/she has been provided and have read the entirety of this Agreement and Waiver and have not relied upon any representations of Releasees, that he/she is fully advised of the potential dangers of ice hockey and understand these waivers and Releasees are necessary to allow recreational ice hockey and the Event to occur in its present form and location.
GENERAL WAIVER
The failure of any party at any time to require performance of any provision or to resort to any remedy provided under this Agreement shall in no way affect the right of that party to require performance or to resort to a remedy at any time thereafter, nor shall the waiver by any party of a breach be deemed to be a waiver of any subsequent breach. A waiver shall not be effective unless it is in writing and signed by the party against whom the waiver is being enforced.
ENFORCEABILITY, SEVERABILITY AND/OR REFORMATION
In the event that any covenant, provision and/or restriction is found by a court of competent jurisdiction to be unenforceable, such provision shall be modified, rewritten or interpreted to include as much of its nature and scope as will render it enforceable. In the event it cannot be so modified, rewritten or interpreted to be enforceable in any respect, it will not be given effect, and the remainder of the Agreement shall be enforced as if such provision was not included. The validity, construction and performance of this Agreement shall be governed and construed in accordance with the laws of Minnesota applicable to contracts made and to be wholly performed within such state, without giving effect to any form of conflict of law provisions thereof. The Federal and State courts located in Minnesota shall have sole and exclusive jurisdiction over any disputes arising under the terms of this Agreement. This Agreement is stipulated to have been executed in Minnesota to which all parties submit to Minnesota personal jurisdiction, summons and service by mail, and Minnesota venue chosen by the Released parties. This is the entire agreement among the parties. No other writing or statement binds or affects this agreement. Parole evidence is specifically excluded.
THE UNDERSIGNED HAS READ, UNDERSTANDS and ACCEPTS THIS AGREEMENT, and by signing this Agreement, the Releasor/Indemnitor/Participant agrees to all of its terms, conditions and policies.
Releasor/Indemnitor/Participant:
Sign Here
________________________________________
(Date Signed)
