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ENDURANCE UNITED (f.k.a. SISU Foundation)
ASSUMPTION OF RISK AND RELEASE OF LIABILITY
READ CAREFULLY BEFORE SIGNING
In exchange for being allowed to participate in an Endurance United
(SISU Foundation) sponsored event or programming and other
valuable consideration, I (or my parent, legal guardian or other
representative) agree as follows:
1. ASSUMPTION OF RISK: I understand that the Endurance United
(SISU Foundation) sponsored event or programming, is a recreational
activity and that my participation in it is voluntary. I understand that
participation in the Endurance United (SISU Foundation) sponsored
event or programming carries with it certain risks, including, but not
limited to, personal injury or death caused by, but not limited to, falls,
contact with other participants or obstacles, course conditions, or
weather. I acknowledge that by participating in the Endurance United
(SISU Foundation) sponsored event or programming, I appreciate and
assume these risks and any other risk which I have knowledge of,
appreciate and accept during the Endurance United (SISU
Foundation) sponsored event or programming. I acknowledge that I
am solely responsible for my physical and mental fitness, and that I
should consult a physician or other medical professional before
engaging in physical activity such as and including the Endurance
United (SISU Foundation) sponsored event or programming.
2. RELEASE, HOLD HARMLESS, AND COVENANT NOT TO SUE: I agree
to release, hold harmless, and covenant not to sue ENDURANCE
UNITED (SISU FOUNDATION), their successors, employees, agents,
assigns, or any volunteer, participant, or spectator of Endurance
United (SISU Foundation) sponsored event or programming for any
claim of ordinary negligence arising out of my participation in the
Endurance United (SISU Foundation) sponsored event or
programming. I understand that this release, hold harmless, and
covenant not to sue is limited to claims for negligence and in no way
shall be construed to release claims for conduct that constitutes
reckless or grossly negligent conduct, or willful, wanton or intentional
acts.
3. PHOTO AND VIDEO RELEASE: I grant Endurance United, its
representatives and employees the right to take photographs or
videos of me in connection with the above-identified activities. I
authorize Endurance United, its assigns and transferees to copyright,
use and publish the same in print and/or electronically.
4. NO WAIVER OR ORAL MODIFICATION: I understand that this
agreement may not be waived or modified in whole or in part except
by written consent of the undersigned and ENDURANCE UNITED (SISU
FOUNDATION). A waiver of one term shall not be construed either as
a continuing waiver or waiver of any other term.
5. INTEGRATION: This document contains the entire final agreement
of the parties and it supersedes all prior or contemporaneous
agreements, representations, or understandings.
6. SEVERABILITY: In the event that any term of this agreement is held
to be unenforceable, that holding shall not affect the enforceability
of any other term.
7. JURISDICTION AND VENUE: This Agreement shall be construed in
accordance with, and governed by the substantive laws of, the State
of Minnesota, without reference to principles governing choice or
conflicts of laws. In addition, I agree that all lawsuits for personal
injury or related loss must be maintained in state courts sitting in
Ramsey County, Minnesota or federal district courts sitting in the
District of Minnesota, and I consent and agree that jurisdiction and
venue for such proceedings shall lie exclusively with such courts. In
the event any portion of this release is found to be unenforceable, the
remaining terms shall be fully enforceable.
8. ACKNOWLEDGMENT: I acknowledge that by signing this
agreement, I am giving up certain legal rights. I understand that I
should contact an attorney if I have questions about these rights. By
signing this document, I acknowledge that I have read it and
understand its contents.