LIABILITY WAIVER: MG Nordic

In consideration of being allowed to participate in any way in the Maple Grove Nordic Program roller ski rental and all related events and activities including transport to and from the activities (hereafter called the Program), I the undersigned, acknowledge, appreciate, and agree that:

1. The risk of injury from the activities involved in this program is significant during all phases of the activity, including the potential for permanent paralysis, disability and death. These risks include but are not limited to:  Equipment failure and/or malfunction of my own or other’s equipment; my own negligence and/or the negligence of others; tangled ropes, falling from heights, other climbers,  animals; Fatigue, chill and/or dizziness which may diminish my/our reaction time and increase the risk of accident; Outdoor activities include but are not limited to risks of exposure to elements, excessive heat, hypothermia, changes in terrain, exposure to animals with the risk of them kicking, biting, running off or otherwise moving in an unanticipated manner causing injury and/or death.  I agree to wear and use as instructed any safety equipment provided to me and use as instructed.  I recognize that failure to do so increases the potential for severe injury or death and absolves the (RELEASEES) from any liability whatsoever.      

2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE (RELEASEES) or others, and assume full responsibility for my participation in the Program.

3. I willingly agree to comply with terms and conditions for participation. If I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately.

4. I recognize that it may be necessary for the (Releasees) to refuse or terminate my participation if I am judged to be incapable of meeting the rigors or requirements of the Program.  I accept the (Releasees) right to take such actions for the safety of myself and/or other participants. I will not engage in any activity beyond my capabilities and will not cause any third party to be endangered by any of my actions during the program.

I warrant and represent that I am in good health and have no physical or mental limitations or problems that would affect my safe participation or the safety of others in the program and have not been advised otherwise by a qualified medical person.

5. By participating in or attending any activity in connection with this program, whether on or off the premises, I consent to the use of any photographs, pictures, film or videotape taken of me or my child/ward or provided by me for publicity, promotion, television, websites or any other use and expressly waive any right of privacy, compensation, copyright or other ownership right connected to same.

6. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS Maple Grove Nordic, its officers, officials, agents and/or employees, other participants, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the program (RELEASEES), from any and all claims, demands, losses, and liability arising out of or related to any INJURY, DISABILITY OR DEATH I may suffer, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.

A. Liability.

1. I expressly assume all liability arising out of operation of the Maple Grove Nordic products or related equipment. I agree to indemnify and hold harmless Maple Grove Nordic, its agents, subsidiaries, assigns, employees, officers, partners, and directors, at my sole cost and expense from and against any and all loss, claims, actions, suits, damages (including attorney fees), however caused, whether such claims are based upon negligence, gross negligence, intentional acts, or omissions, resulting directly or indirectly from or pertaining to the manufacture, possession, use, purchase, lease, operation, rejection, or return of the Maple Grove Nordic, including without limitation, such loss, claims, costs, expenses, damages, and liabilities arising from the death or injury of any agent or employee of Maple Grove Nordic, or any third person, or damage to the property of Maple Grove Nordic, its agents, subsidiaries, assigns, employees, officers, partners, and directors, or any third person. I shall give Maple Grove Nordic prompt written notice of loss, claim, action, damage or liability asserted against me or arising out of or concerning my operation of the Maple Grove Nordic and agree that, on my written notice of the assertion of such a loss, claim, action, damage, or liability, I shall assume full responsibility for the defense of the action. Maple Grove Nordic, at its option, may participate in such defense and I shall bear the cost on a pro rata basis. This section shall survive termination of this rental agreement. In the event a corporate officer, owner or partner of Maple Grove Nordic acquires actual knowledge of any claim that I am obligated to defend under the terms of this section, I agree to give Maple Grove Nordic prompt written notice; provided, however, Maple Grove Nordic’s failure to give such notice shall not excuse myself from any of my obligations under this section.

2. I have made no misrepresentation to Maple Grove Nordic in any regard, including, but not limited to, my weight, age or abilities. I understand that pregnant women or other persons with physical limitations should not ride this equipment for safety reasons.

3. I understand and agree that the minor is only allowed to use the Maple Grove Nordic Training.

 

B. Safety and operation of the Maple Grove Roller Skis.

1. I am physically and mentally able to ride the Maple Grove Nordic roller skis, and I am familiar with riding the Maple Grove Nordic roller skis and the physical and mental requirements and risks involved. I will never operate the Maple Grove Nordic roller skis while intoxicated or under any medication that inhibits or impairs my ability to operate the Maple Grove Nordic roller skis.

2. I was instructed on the proper and safe use of the Maple Grove Nordic roller skis. I understand how to properly and safely use and operate the Maple Grove Nordic roller skis. I will use extreme caution and reduce speed when approaching any change in terrain. For more serious or complicated terrain or obstacles, I will step off the Maple Grove Nordic roller skis and walk it to a safe level area. I will never attempt to negotiate stairs with the Maple Grove Nordic roller skis and I will never allow any passengers at any time.

3. I will always follow all local traffic and pedestrian laws. 

4. A helmet and protection gear have been provided to me and I will wear them at all times while operating theMaple Grove Nordic roller skis.

C. Entire agreement and disputes.

1. This agreement contains the entire understanding between and among the parties and supersedes any prior understandings and agreements among them respecting the subject matter of this agreement.

2. Any dispute arising out of this agreement shall be brought in the Civil Division MN Superior Court. In the event a suit or action is brought by any party under this agreement to enforce any of its terms, or in any appeal therefrom, it is agreed that the prevailing party shall be entitled to reasonable attorney’s fees and costs.

3. Minors: Prospective participants under the age of 18 years are required to have a parent or legal guardian read and also sign this release. The parent and the participant under 18 have read, understand, and agree to comply with this Release. By signing this document, the parent agrees to each of the provisions above including to indemnify and hold harmless Maple Grove Nordic and all its subsidiaries, its agents or employees from any and all claims brought by the participant under 18 or resulting from the participant under 18's actions, whetherMaple Grove Nordic and all its subsidiaries, its agents, partners or employees are negligent or not. Further, parent or legal guardian expressly agrees to monitor the minor at all times during the minor’s use or operation of the Maple Grove Nordic and assumes and agrees to comply with all financial obligations of this Agreement on behalf of the minor.

D. Safety checklist.

SAFETY CHECKLIST PLEASE READ AND CHECK ALL LINES:

I {customerName} HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

FOR PARENTS/GUARDIANS OF PARTICIPANT OF MINOR AGE (UNDER AGE 18 AT TIME OF REGISTRATION)

This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the Releasees, and, for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liability incidents to my minor child’s involvement or participation in these programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE (RELEASEES), to the fullest extent permitted by law.

TERMS & CONDITIONS

For all intents and purposes, throughout this agreement, "I" refers to the customer, the user, and the parent/guardian if applicable; also "Maple Grove Nordic" shall hereafter be referred to as "Maple Grove Nordic". Further, the “Rental Period” shall include the time from the moment when possession of the "Maple Grove Nordic" is temporarily released from the custody of "Maple Grove Nordic" until the "Maple Grove Nordic" return has been acknowledged and officially checked back in by an authorized representative of "Maple Grove Nordic".

I, the undersigned, in consideration of renting an roller skis from "Maple Grove Nordic", state that I have read and understand and hereby expressly accept and agree to the following terms and conditions, and accept that forfeiture of equipment without refund may result if the following Terms & Conditions are not complied with:

A. Payment and security deposit.

1. I agree to pay upon demand all rates, charges, plus applicable taxes, fees and surcharges, which may apply to the rental, including charges for loss and/or damage defined in this agreement. I agree and authorize "Maple Grove Nordic" to apply any charges to the method of payment used by me at the time of rental unless another form of payment is arranged.

2. I understand that an authorization will be processed against my credit card to be used against the final bill, equal to the estimated total charge, plus a security deposit, and I authorize "Maple Grove Nordic" to charge any amounts due as a result of the rental, plus any damages, if applicable, to my credit card or other payment method provided, regardless of who is/was operating the roller skis, for any roller skis for which my credit card or other payment method provided was used to pay for the rental of the roller skis.

B. Possession and integrity of the Maple Grove Roller Skis.

1. I accept the roller skis for use "As-is" and verify that it is working properly, and accept full responsibility for it while it is in my or any other user and/or customer's possession during the Rental Period. I am responsible for the replacement value of the roller skis if lost or stolen, and I am responsible for the replacement of any and all damage done to the roller skis due to my own misuse and due to accidents, including those caused by third parties.

C. Entire agreement and disputes.

1. This agreement contains the entire understanding between and among the parties and supersedes any prior understandings and agreements among them respecting the subject matter of this agreement.

2. Any dispute arising out of this agreement shall be brought in the Civil Division MN Superior Court. In the event a suit or action is brought by any party under this agreement to enforce any of its terms, or in any appeal therefrom, it is agreed that the prevailing party shall be entitled to reasonable attorney’s fees and costs.

3. Minors: Prospective participants under the age of 18 years are required to have a parent or legal guardian read and also sign this release. The parent and the participant under 18 have read, understand, and agree to comply with this Release. By signing this document, the parent agrees to each of the provisions above including to indemnify and hold harmless Maple Grov Nordic and all its subsidiaries, its agents or employees from any and all claims brought by the participant under 18 or resulting from the participant under 18's actions, whether Maple Grove Nordic and all its subsidiaries, its agents, partners or employees are negligent or not. Further, parent or legal guardian expressly agrees to monitor the minor at all times during the minor’s use or operation of the Roller skis and assumes and agrees to comply with all financial obligations of this Agreement on behalf of the minor.

All guests must be over 12 years of age and weigh at least 50 pounds {37 kilos). Parent/Legal Guardian: I verify that I am the parent and/or guardian of the Child. I have authority to enter into this agreement on behalf of the minor and I agree to be bound by its terms. I also fully understand and accept that the minor may only use the Roller skis as intended.

I {customerName} have read and understood the foregoing.