1. REPRESENTATION. I represent that I have legal authority and custody of the above named family member and have the right to make decisions as to his/her care, as well as decisions regarding his/her legal rights.
2. VOLUNTARY PARTICIPATION. I understand and confirm that my or my family member’s participation in the therapeutic servicesand/or use of the facility is completely voluntary.
3. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings at the facility and further agreeto follow any rules given by Therapy OPS LLC, the employees, or its representatives while on the property/facility.
4. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that the use of the facility and equipment as well as the nature of servicesand therapy provided that there are certain inherent risks. While the therapist will use every precaution to attempt the safety of the therapy, I understand that the therapy may still hold risks, including but not limited to injury due to physical exertion, falls, or choking. As such, I assume all risks, known or unknown, foreseeable and unforeseeable and take full responsibility for any liability, personal injury to myself and my family members, loss, or damage in any way connected with my or my family member’s participation or presence at the facility and further release and discharge Therapy OPS LLC, its employees, owners, agents, or representatives for any liability, injury, loss, or damage arising out of my or my family’s use of or presence upon the facilities of Therapy OPS LLC, whether caused by the fault of myself, my family, Therapy OPS LLC, or other third parties.
5. INDEMNIFICATION. I agree to indemnify and defend Therapy OPS LLC, its employees, owners, agents, or representatives against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of Therapy OPS LLC. I further agree to pay for all damages to the facilities of Therapy OPS LLC caused by any negligent, reckless or willful actions by me or my family.
6. MEDICAL AUTHORIZATION. In the event of an injury to the above minor family member during the described activities or while on the facility grounds, I give my permission to Therapy OPS LLC, its employees, or representatives to arrange for all necessary medical treatment, including transportation to a medical facility deemed necessary for the well being of the minor family member, for which I understand that I shall be financially responsible.
7. APPLICABLE LAW/VENUE SELECTION. I understand and agree that this Waiver/Release of Liability/Consent to Medical Attention shall be governed by and construed in accordance with the laws of the State of Minnesota, and that any action arising hereunder may be brought only in a court of competent jurisdiction located in Dakota County, Minnesota, and I hereby consent to such exclusive jurisdiction.
8. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. Any questions or concerns that I have were answered by Therapy OPS LLC. However, I further agree and acknowledge that if I choose not to sign this Agreement, Therapy OPS LLC will not provide the recommended services.
9. ARM’S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to the construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
10. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this
Agreement. I further agree that if this waiver and release is not valid as such in Minnesota, it shall be construed as a covenant not to sue.