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WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT

2019 TWIN CITIES ORTHOPEDICS VIKINGS 5K

This Waiver of Liability and Hold Harmless Agreement (this “Waiver”) is entered into and effective as of the date below, between the undersigned User and Sponsors (as defined below).

DEFINITIONS

The following definitions apply to this Waiver:

1. User means the person who signs this document (or any other person related to) and anyone who has or obtains legal rights from or through that person.

2. Sponsors shall include, but are not limited to, Minnesota Vikings Football, LLC, Minnesota Vikings Football Stadium, LLC, Minnesota Vikings Foundation, Event staff, Minnesota Vikings Cheerleaders, Twin Cities Orthopedics, P.A., Anderson Race Management, Inc., MV Eagan Ventures, LLC, the National Football League (“NFL”), and each of their respective owners, vendors, members, partners, subsidiaries, affiliates, predecessors, successors, officers, directors, employees, agents, assigns, and insurers.

3. Claims means any and all liabilities, losses, damages, suits, actions, claims, judgments, settlements, fines or demands of User arising from User’s participation in the Event, including, but not limited to, personal injury, bodily injury, death, damage to any property, pain and suffering, medical expenses, of any cause or nature whatsoever, and any other claim of any sort, including all reasonable costs for investigation and defense thereof (including, but not limited to, attorneys’ fees, court costs and expert fees).

4. Event means the 2019 Twin Cities Orthopedics Vikings 5K run on Sunday, September 29, 2019, at 10:00am CST. 

WAIVER OF LIABILITY AND ADDITIONAL AGREEMENTS

In exchange for the opportunity to participate in the Event, and for other valuable consideration, the receipt and sufficiency of which User hereby acknowledges, User agrees to give up, release, and forever discharge any and all Claims, including Claims arising from Sponsors own negligence. By signing this Waiver, User understands that he/she is giving up and releasing all Claims, including Claims for damages that may not have happened yet and that may be unforeseen or unexpected. User agrees that the opportunity to participate in the Event is a full and fair exchange for the release of all Claims and that Sponsors hereby disclaim all liability and User expressly assumes all risk arising out of or relating to any accident, injury, death or damage occurring from User’s participation in the Event. Sponsors are not liable for any loss or damage to any property by User and any User guests or invitees.  Further, to the fullest extent permitted by law, User does hereby covenant and agree to indemnify, defend and hold harmless Sponsors from and against any and all Claims and any and all third party claims, arising out of or in any way related to User’s participation in the Event, or the acts or omissions of User, his or her guests, agents or invitees, regardless of where such claims arise.

User understands and will follow all of the rules of the Event, which may be communicated to User from time to time by Sponsors. User understands and agrees to irrevocably grant to Sponsors and its licensees the exclusive right and authority to use and publish User’s voice, picture, name and likeness for advertising, publicity or promotional and other purposes in connection with Sponsors in any form, including and without limitation, newspapers, magazines, motion pictures, game programs, audio tapes, video tapes, television broadcasts and web pages. This right shall survive the termination or expiration of this Waiver. No additional compensation shall be paid or payable to User for any right or use granted to Sponsors by User.

User hereby represents that he/she is in good health and physically fit to participate in the Event, has not been advised against participating in the Event by a qualified health professional. User agrees that it is his/her sole responsibility to determine whether User is sufficiently fit and healthy enough to participate in the Event.

User understand the Event course, location, and timeline can be changed at the sole discretion of Sponsors. All distances are approximate by GPS measurements. The Event can be altered, postponed or cancelled for any reason, including but not limited to, inclement weather, natural disturbances, or other reasons beyond Sponsors reasonable control. If the Event is cancelled or altered as described above, no refunds, credits or transfers will be issued, granted or permitted.

User has read this Waiver carefully and understands all of it. User knows that he/she is free to consult with an attorney of their own choosing if they choose. In signing this Waiver, User has not relied on any statements or explanations by the Sponsors or any of their representatives, and User affirmatively states he/she is old enough to sign this Waiver and to be legally bound by it. User acknowledges that this is a legal contract that is binding upon User. User understands that this release of Claims is intended to be as broad and inclusive as permitted by Minnesota law and that if any portion of this Waiver is held invalid, it is agreed that the balance shall continue in full legal force and effect.

RELEASE ON BEHALF OF MINOR

I agree that, if the name of a minor is filled in below: (1) this Waiver applies to the minor and anyone acting on the minor’s behalf to the same extent that it applies to me; (2) all Claims relating to the minor are released to the same extent as though the Claims belonged to me; and (3) this Waiver releases all Claims of any sort that the minor and anyone acting on the minor’s behalf may have against Sponsors arising from the minor’s participation in the Event. I have the authority to sign this Waiver on behalf of the minor and release Claims on behalf of the minor.

I HAVE READ THIS DOCUMENT CAREFULLY, AND I UNDERSTAND IT IS A RELEASE OF ALL CLAIMS 

AND I ACKNOWLEDGE AND ASSUME ALL RISK