ACKNOWLEDGMENT OF RISKS, ASSUMPTION OF RISK AND RESPONSIBILITY, AND RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.

I have been provided the opportunity to participate in Spring Park Awakening and hereby voluntarily agree as follows:

ACKNOWLEDGEMENT OF RISKS

My participation in Spring Park Awakening involves known and unknown risks, dangers, and hazards that may cause death, personal injury, damage to personal property and loss of personal property. The risks and consequences I am acknowledging include, but are not limited to:

• Slippery surfaces caused by water, ice, snow, or other substances;
• Exposure to cold temperatures;
• Exposure to hot temperatures;
• Exposure to hot equipment;
• Increased internal body temperature;
• Collisions or contact with other persons and objects used during Spring Park Awakening;
• Exposure to airborne illnesses or transmittable diseases;
• Defects or weaknesses in the design, construction, repair, or modification of Spring Park Awakening;
• Visible and invisible natural or man-made hazards in or around Spring Park Awakening;
• Other foreseeable and unforeseeable risks that contribute to the unpredictability of my participation in Spring Park Awakening.

REPRESENTATION OF FITNESS

I am physically and mentally fit to participate in Spring Park Awakening. I do not have any medical condition, such as anhidrosis, that interferes with my ability to sweat. I am not pregnant and am not subjecting a fetus to excessive body temperatures that may cause fetal damage during pregnancy. I am not taking or under the influence of any drugs, alcohol, medication, or other substance affecting my mental or physical state.

ASSUMPTION OF RESPONSIBILITY

I am responsible for my own safety and personal property. I cannot and will not rely on anyone other than myself to keep me or my personal property safe before, during, or after participating in Spring Park Awakening. My participation in Spring Park Awakening is voluntary and I can refuse to participate or quit participating in Spring Park Awakening at any time for any reason.

ASSUMPTION OF RISK

I assume all risk and responsibility for death, personal injury, damage to personal property and loss of personal property that I sustain in connection with my participation in Spring Park Awakening, except to the extent such damages, injuries, or death results from conduct that constitutes greater than ordinary negligence under Minn. Stat. § 604.055.

WAIVER AND RELEASE FROM LIABILITY; COVENANT NOT TO SUE

I, for myself and for my personal representatives, executors, administrators, heirs or next of kin, forever waive, release, discharge, agree to hold harmless, and covenant not to sue Back Channel Brewing Collective, Back Channel Marina, Spring Park Awakening instructors & vendors, and their owners, shareholders, members, partners, employees, officers, directors, agents, and other affiliated persons or entities from any and all liability for any death, personal injury, damage to personal property, loss of personal property, costs, expenses, attorney’s fees, actions, causes of action, suits, obligations, judgments and claims of any nature that I sustain in connection with my participation in Spring Park Awakening, except to the extent such damages, injuries, or death result from conduct that constitutes greater than ordinary negligence under Minn. Stat. § 604.055.

INDEMNIFICATION

I indemnify and agree to hold harmless the Back Channel Brewing Collective, Back Channel Marina, Spring Park Awakening instructors & vendors, and their owners, shareholders, members, partners, employees, officers, directors, agents, and other affiliated persons or entities from any and all liability for any death, personal injury, damage to personal property, loss of personal property, costs, expenses, attorney’s fees, actions, causes of action, suits, obligations, judgments and claims of any nature arising from, or in connection with, my participation in Spring Park Awakening.

AUTHORIZATION

Without creating any obligation, I authorize any medical treatment deemed necessary in the event of any injury or illness I sustain while participating in Spring Park Awakening. I either have appropriate insurance, or in the absence of insurance coverage, I agree to pay all costs of medical treatment provided to me.

RIGHT OF PUBLICITY

I authorize and consent to the use of my name, image, or likeness for commercial purposes in connection with the promotion and marketing of Back Channel Brewing Collective, Back Channel Marina, Spring Park Awakening instructors & vendors.

BINDS HEIRS

It is my express intent that this agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representatives, if I am deceased.

CHOICE OF LAW

This agreement is governed by the laws of the State of Minnesota. Any claim arising from this agreement or my participation in Spring Park Awakening must be brought in the state courts of Minnesota in Hennepin County.

SEVERABILITY

Pursuant to Minn. Stat. § 604.055, nothing in this agreement purports or intends to waive liability for damage, injuries, or death resulting from conduct that constitutes greater than ordinary negligence. If any provision of this agreement is held invalid, such provision will be severed from this agreement, but the remaining provisions of this agreement will remain in full force and effect.