I, the undersigned legal guardian, hereby agree to the following in consideration of myself and my minor child’s opportunity to participate in Project Success activities (collectively, “PS Activities”):
1. I grant Project Success permission to create and use photographs, video or other recordings of myself and my child in any format, including but not limited to still or moving images and/or audio, in its and/or PS Activities publications and promotional materials (the “Photos/Videos”). I agree that the Photos/Videos shall be the property of Project Success and there will be no financial compensation of any kind for any Photos/Videos. I irrevocably authorize Project Success to edit, copy, exhibit, publish, or distribute the Photos/Videos for any lawful purpose and waive the right to inspect or approve the finished Photos/Videos.
2. I understand that there are inherent hazards and risks associated with myself and my child’s participation in PS Activities, some of which are unknown, including but not limited to loss or damage to personal property and/or minor or serious emotional and/or bodily harm, paralysis or death from accidents, falls, cuts, drowning, hazardous weather, illness, injury or other events. I agree that I am responsible to independently investigate the potential hazards and risks any PS Activities. I understand that Project Success is not an agent of, and cannot control the acts or omissions of any transportation carrier or other provider involved in PS Activities. I agree to and do hereby assume all hazards and risks, known or unknown, related to PS Activities. I also agree to instruct my child to immediately advise a Project Success representative if my child feels that any facility, equipment or other conditions are unsafe.
3. With full knowledge and understanding that mine and my child’s participation in PS Activities carries known and unknown hazards and risks, I, on behalf of myself and my child and any other person or party who could bring a claim on either of our behalf, hereby release and forever discharge and hold harmless Project Success and its successors or affiliated organizations (including but not limited to the Minneapolis Public schools, St. Paul Public Schools, any other sponsoring organization, and/or any affiliated clubs), and each of their respective past, current or future directors, members, officers, employees, volunteers, donors, guests, and agents, from any and all liability, claims, demands, and costs of whatever kind or nature, either in law or in equity, related to or arising out of my child’s participation in PS Activities, including without limitation, for injury, illness, emotional or bodily harm, death, medical treatment decisions, medical costs, property loss or negligence.
4. I agree that I am responsible for mine and my child’s medical needs, costs, and insurance coverage, including health, vision, dental, accident, disability, life and any other insurance. There either are no health-related issues which restrict my child’s participation in PS Activities or, if special assistance is needed, I have arranged this with Project Success. If my child should need medical treatment, Project Success is authorized to arrange such care and provide consent for emergency treatment if unable to reach me to arrange for my timely consent to such treatment
TUBING WAIVER:
PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of The Loppet Foundation, Inc., Loppet Adventures, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "TLF"), I hereby agree to release, indemnify, and discharge TLF, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in tubing and snowboarding activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: There is the possibility of rough terrain; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; it is possible that participants could be injured if they come into contact with other passengers or equipment; injuries can be sustained from the trail, equipment or from items on the trail such as holes, bumps, ruts, obstacles, tree limbs and branches or rocks; major injuries are a risk as are bruises and sprains; musculoskeletal injuries including head, neck, and back injuries; injuries to internal organs; loss of fingers or other appendages; exhaustion; exposure to the elements of the outdoors and natural surroundings which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; and exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; the negligence of other participants or persons who may be present; further, passengers can be thrown from equipment which can result in any of the above events occurring; accidents involving other participants; collision with fixed or movable objects; collisions, and flipping over; transmissible pathogen or disease; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered
Furthermore, TLF employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather, other environmental conditions. They might misjudge whether the terrain is safe for travel or where or when an avalanche may occur. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless TLF from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of TLF’s equipment or facilities, including any such claims which allege negligent acts or omissions of TLF.
4. Should TLF or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against TLF, I agree to do so solely in the state of Minnesota, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against TLF on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at TLF.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
In consideration of the minor(s) listed in this registrationbeing permitted by TLF to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless TLF from any and all claims which are brought by, or on behalf of minor(s), and which are in any way connected with such use or participation by minor(s).
BY SIGNING BELOW, I REPRESENT THAT I AM AT LEAST 18 YEARS OLD, I AM THE LEGAL GUARDIAN OF THE CHILD LISTED BELOW, I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND I VOLUNTARILY ENTER INTO IT WITH KNOWLEDGE THAT IT CONTAINS A LEGAL WAIVER OF LIABILITY AND INTENDING TO BE LEGALLY BOUND BY THIS AGREEMENT.