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.