Minneapolis H3
SAFETY ACKNOWLEDGEMENT, ASSUMPTION OF RISKS, RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AND HOLD HARMLESS AGREEMENT, TRAIL REGULATIONS and RELEASE FORM
BY CHECKING THE WAIVER BOX YOU WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY!!!
TO: Hashers, hounds, harriets, and anyone else however they identify whom participate in a Minneapolis Hash House Harriers Trail and their successors (collectively hereinafter referred to as the “PARTICIPANTS”).
DEFINITIONS
0. The term "Minneapolis H3" shall include but is not limited to Minneapolis Hash House Harriers , Trail organizers ("Hare" or "Hares"), event organizers, volunteers, sponsors, and any associated personnel or entities.
1. The term “Trail” shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by Minneapolis H3 and shall include, but is not limited to participating in gatherings before and after running, hiking and/or walking, participating in running, hiking and/or walking, which may take place on roads, paths, or other uneven or unpredictable terrain, or any other such activities, events or services in any way connected with or related to Minneapolis H3.
SAFETY ACKNOWLEDGMENT
2. I acknowledge that I am required to wear the proper clothing and footwear while participating in Trail. I am aware that the physical exertion required to participate in Trail and the forces exerted on the body can activate or aggravate pre-existing physical injuries, conditions or congenital defects. I acknowledge that the level of participation is at all times completely up to the individual and I am the best and only judge of my degree of ability to participate in Trail and I am conscious of the risks which I am exposing myself to voluntarily and with full knowledge of the facts.
ASSUMPTION OF RISKS
3. I am aware that participation in Trail involves inherent risks, dangers and hazards including, but not limited to slips and falls, falls from heights, difficult natural and/or man-made terrain, contact with other participants, vehicles, wildlife, and the effects of weather, including heat, humidity, cold, and rain, impact or collision with structures, the failure to remain within designated areas, negligence of other participants and NEGLIGENCE ON THE PART OF Minneapolis H3, INCLUDING THE FAILURE ON THE PART OF Minneapolis H3 TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN TRAIL. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREIN.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AND HOLD HARMLESS AGREEMENT
4. In consideration of Minneapolis H3 agreeing to my participation in Trail, the receipt and sufficiency of which is acknowledged, I HEREBY AGREE AS FOLLOWS:
(a) TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against Minneapolis H3 and TO RELEASE Minneapolis H3 from any and all liability for any loss, damage, injury including death, or expense that I may suffer, or that my next of kin may suffer, either directly or in directly as a result of my participation in Trail, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF Minneapolis H3, AND FURTHER INCLUDING THE FAILURE ON THE PART OF Minneapolis H3 TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN TRAIL.
(b) TO HOLD HARMLESS AND INDEMNIFY Minneapolis H3 for any claims or demands resulting from any property damage or personal injury to any third party, which might be made against Minneapolis H3 resulting from my participation in Trail. I also agree to INDEMNIFY AND HOLD HARMLESS the Corp, Hash, the Hash’s Founders’ and Organizers, their agents, board members, and representatives from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my membership and participation in the Hash.
(c) That this agreement shall be effective and binding upon my heirs, next of kin, administrators, assigns and representatives, in the event of my death or incapacity.
(d) That this agreement shall be governed and interpreted in accordance with the laws of the State of Minnesota and any disputes or litigation arising from this agreement or my participation in Trail shall be subject to the jurisdiction of the courts in the State of Minnesota.
(e) In entering into this agreement, I am not relying on any oral or written representations or statements made by Minneapolis H3 with respect to the safety of Trail, other than what is set forth in this agreement.
(f) In entering into this agreement, I understand that there may be no medical services available at Trail and that Minneapolis H3 will not provide medical personnel and may not have medical supplies. In the event of illness or injury, I consent to receive appropriate medical treatment as necessary, and I agree that I am financially responsible for any medical care provided to me at Trail.
(g) In entering into this agreement, I certify that I have not been advised by any medical professional to avoid participation in activities like those that may and do occur at Trail. I am not aware of any medical condition that would prevent my safe participation in Trail.
I HAVE READ AND UNDERSTAND THIS AGREEMENT. BY CHECKING THE ELECTRONIC WAIVER BOX, I ACKNOWLEDGE THAT I AM AGREEING TO THE FOLLOWING:
(i) THAT I AM ASSUMING ALL RISK OF INJURY, LOSS OR DAMAGE WITH RESPECT TO Minneapolis H3 AND TRAIL;
(ii) THAT I AM WAIVING ANY AND ALL CLAIMS ARISING FROM ANY CAUSE WHATSOEVER AGAINST Minneapolis H3, ON BEHALF OF MYSELF AND MY HEIRS, SUCCESSORS AND ASSIGNS; AND
(iii) THAT I WILL INDEMNIFY Minneapolis H3 IF ANY SUCH CLAIMS ARE BROUGHT AGAINST THEM.
TRAIL REGULATIONS
5. Participants must observe the following points:
(i) I must read, listen, and follow Hare instructions before attempting Trail.
(ii) I must respect rules and regulations of the property where Trail takes place.
(iii) Individuals should be conscious of their well-being while participating in Trail and should cease participation if necessary.
(iv) Consumption of alcohol at Trail is optional and a personal decision. By attending or otherwise participating at any Minneapolis H3 Trail, I agree that any alcoholic beverages I consume are my own choice and responsibility. I agree to drink responsibility and heed suggestions from others and will not drive if I am intoxicated. I acknowledge that I alone am responsible for all of my actions resulting from consuming alcohol and Minneapolis H3 is in no way responsible.
(v) Minneapolis H3 is not responsible in the case of marks or tears to clothing and footwear sustained at Trail.
RELEASE FORM
I hereby RELEASE, WAIVE and FOREVER DISCHARGE any and all claims arising out of, or in connection with, such use by Minneapolis H3 and its agents, including without limitation any and all claims for libel or invasion of privacy.
I hereby warrant and represent that I am at least 18 years of age and have the right to contract in my own name. I have read the above Release and am fully familiar with the contents thereof. This Release contains the entire agreement between the parties hereto as to the subject matter contained herein.
I have read this RELEASE FORM, fully understanding its terms, that I give up substantial rights by signing it, and sign it voluntarily.
SEVERABILITY
6. The undersigned further expressly agrees that the foregoing SAFETY ACKNOWLEDGEMENT, ASSUMPTION OF RISKS, RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AND HOLD HARMLESS AGREEMENT, TRAIL REGULATIONS and RELEASE FORM are intended to be as broad and inclusive as is permitted by the law of the State of Minnesota and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
If this waiver is delivered by any electronic means whatsoever and said delivery shall be of the same force and effect as the delivery of an original signature.