Bold and Bright Toboggan Derby Liability Waiver, Release, Assumption of Risk, and Indemnification Agreement
Date of Event: Saturday, January 31, 2026 Location: St. Cloud, Minnesota
WARNING: READ CAREFULLY BEFORE SIGNING. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS.
In consideration of being permitted to register and/or participate in the Bold and Bright Toboggan Derby (hereinafter the "Activity") and related events, I, the undersigned participant, and if applicable, the parent or legal guardian of the minor participant, agree to the following terms:
1. Acknowledgment of Risks I understand and acknowledge that the Activity involves the sport of tobogganing/sledding, which is an inherently dangerous winter activity. The Activity takes place outdoors and involves the use of equipment on a prepared course, which may be unpredictable due to weather, ice, snow conditions, and other factors. I am fully aware of the potential hazards and risks associated with the Activity, which include, but are not limited to:
Collision with other participants, spectators, or objects (natural or man-made, fixed or moving).
Falling off the toboggan/sled, equipment malfunction, or failure.
Injuries caused by sudden changes in the course, snow, or ice surface.
Risks associated with the extreme winter weather, including but not limited to hypothermia, frostbite, and slips and falls on icy surfaces.
Bodily injury, including scrapes, sprains, broken bones, concussions, permanent disability, paralysis, and death.
Loss or damage to personal property.
The negligence of myself, other participants, or the Released Parties (defined below).
2. Assumption of Risk I KNOWINGLY, FREELY, AND VOLUNTARILY ASSUME ALL RISKS, both known and unknown, of my participation in the Activity, even if arising from the NEGLIGENCE of the Released Parties (defined below) or others, and assume full responsibility for my participation. I certify that I am physically fit and have not been advised otherwise by a qualified medical person to not participate.
3. Waiver and Release of Liability I, for myself and on behalf of my heirs, executors, administrators, personal representatives, successors, and assigns (collectively "Releasing Parties"), hereby WAIVE, RELEASE, AND FOREVER DISCHARGE the Bold and Bright Toboggan Derby organizers, The Downtown Alliance, the City of St. Cloud, Minnesota, all sponsors, officials, volunteers, agents, employees, officers, and directors (collectively the "Released Parties") from any and all liability, claims, demands, losses, or damages, including but not limited to those caused by the NEGLIGENCE of the Released Parties, arising from or in any way related to my participation in the Activity, including any injury, death, or property damage.
4. Indemnification/Hold Harmless I further agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from any and all liabilities, claims, demands, costs, losses, or expenses (including reasonable attorneys’ fees) brought by me or any Releasing Party, or any third party, arising from or in any way related to my participation in the Activity.
5. Medical Authorization I authorize the Released Parties to secure and administer first aid, and to seek and authorize any emergency medical care or treatment necessary for me (or my minor child) if I am unable to do so. I understand that I am solely responsible for all medical and related costs.
6. Governing Law and Severability This Waiver shall be construed broadly to provide a release and waiver to the maximum extent permissible under the applicable law of the State of Minnesota. If any portion of this document is held to be invalid, the balance shall, notwithstanding, continue in full legal force and effect.
BY SIGNING BELOW, I CERTIFY THAT I HAVE READ THIS ENTIRE AGREEMENT, I UNDERSTAND ALL OF ITS TERMS, AND I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES FOR INJURIES OR DAMAGES RESULTING FROM THEIR NEGLIGENCE. I AM SIGNING THIS DOCUMENT VOLUNTARILY AND WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.