RELEASED PARTY(IES):
The following are the “Released
Parties” (and each is a “Released Party”):
Star Tribune Media Company LLC (“Star Tribune”); all Star Tribune
Affiliates; all Event staff, volunteers
and officials; all Event promoters and sponsors; and the officers, directors,
insurers, employees, agents, representatives and successors of Star Tribune, each Star Tribune Affiliate and each Event
promoter and sponsor. (“Star Tribune Affiliate” means any person or entity
that controls, is controlled by or is under common control with Star Tribune.)
1. I (the person signing this form, below) represent that
I am either the participant identified above (in which case, the term
“Participant,” as used in this form, refers to me) or the parent or legal
guardian of the participant identified above (in which case, the term “Participant,”
as used in this form, refers to my minor child or legal ward, who is the
participant identified above). All of the statements, representations and
agreements I make in this form are made on behalf of (and are binding upon)
myself, the Participant and each member of the Participant Group. (As used in
this form, “Participant Group” refers, collectively, to (i) me, (ii) the
Participant, (iii) each person or entity claiming through me or the Participant
(including but not limited to a second parent or legal guardian, if the
Participant is a minor child or legal ward) (each, an “Other Claimant”), and
(iv) the heirs, personal
representatives, administrators, executors and assigns of me, the Participant
and any Other Claimant, respectively.)
2. In consideration of the opportunity for the Participant
to participate in the event identified above (“Event”), I hereby agree to each
of the following:
a.
I hereby agree that neither Star Tribune nor any Released
Party shall be liable for any
claims, demands, injuries, actions, causes of action, liability, damages,
claims for punitive or liquidated damages, claims for attorney’s fees, costs
and disbursements, and other claims of any kind whatsoever that I, the
Participant or any member of the Participant Group has or might have, whether
known or unknown, in law or equity, arising out of or in any way connected to
or relating to the Participant’s participation in the Event (collectively,
the “Event Claims”).
b.
I hereby release,
hold harmless and forever discharge Star Tribune and each of the Released
Parties from any and all of the Event Claims, and I agree that neither I (nor
the Participant, if I am not the Participant) nor any member of the Participant
Group will sue Star Tribune or any Released Parties for any of the Event Claims,
including but not limited to any Event Claims arising from acts of
active or passive negligence on the part of the Released Parties. Neither I (nor the Participant, if I am not the
Participant) nor any member of the Participant Group releases any
Released Party from liability for intentionally wrongful acts.
c.
This release
shall be binding upon me, the Participant and each member of the Participant
Group. I understand that this
release includes, without limitation, all injuries or health complications
which may occur from the Participant’s participation in the Event, including
but not limited to musculoskeletal, cardiovascular, and neurological problems,
and even death.
3. I further represent,
acknowledge and agree as follows:
a.
The Participant is voluntarily participating in the Event
and agrees to be bound by and obey
all rules and comply with all safety measures and precautions set forth by the
Event staff.
b.
I understand
and acknowledge that (i) it is solely my responsibility to ascertain the
Participant’s physical fitness and ability to participate in the Event, (ii)
neither Star Tribune nor any of the Released Parties assumes any such
responsibility, and (iii) I should not participate in the Event (or I should
not permit the Participant to participate in the Event, if I am not the
Participant) unless the Participant is physically able to do so.
c.
I am aware
that participation in an activity such as the Event is potentially hazardous and
may carry a risk of personal injury or even death. I voluntarily assume all
risks associated with the Participant’s participation in the Event, including
but not limited to: (i) risks of injury, illness, death or other loss arising
from or in any way relating to the Participant’s participation in the Event;
and (ii) risks involving falls, contact with other participants or the public,
effects of the weather (including but not limited to heat, cold, storms,
ice, snow, water, wind, precipitation, and humidity), traffic, road conditions, acts of third parties
and other factors.
d.
I understand that I am solely responsible for obtaining
and following any medical advice relating to the Participant and any medical condition the Participant may have. I represent
that I am not relying on any
of the Released Parties, and will not hold any of the Released Parties
responsible, for any medical advice or treatment. However, if, as a result of the Participant’s participation in the Event,
the Participant requires
medical attention, I hereby give my consent to medical treatment of the
Participant by such medical personnel as may be retained by Star Tribune or any
Event staff (the “Medical Personnel”) and I authorize the Medical Personnel to
provide to the Participant, at my sole cost and expense, such medical care as
the Medical Personnel shall deem necessary.
4.
I acknowledge that the Event may be photographed, filmed,
videotaped, broadcast or otherwise recorded. I hereby irrevocably grant to Star
Tribune and any Released Party unlimited, global permission to use the Participant’s image,
voice and/or likeness, as photographed, filmed, videotaped, broadcast or otherwise
recorded or transmitted at the Event, without any liability or other obligation
to me, the Participant or any
member of the Participant Group.
5. I agree if any portion of this form is held invalid,
the remainder of this form will continue in full legal force and effect.
6. By submitting this form (either by ink signature of a
paper copy or by digital submission in accordance with electronic submission
instructions), I represent,
acknowledge and agree as follows:
a.
I have carefully read this Release and Medical Consent
Form and, on behalf of myself, the Participant and each member of the
Participant Group, I fully understand and agree to all of its terms;
b.
I sign it voluntarily and knowingly, and I understand
that I have the right to have my attorney review it before I submit it; and
c.
I am 18 years old or older.