LIABILITY WAIVER AND RELEASE
Please read carefully. This Liability Waiver and Release affects the rights you may have if you or others suffer personal or property loss, injury, illness, death, or other damages related to your participation in the activities or access of the property contemplated herein.
This Liability Waiver and Release (“Liability Waiver”) is entered into by the undersigned participant(s) (each, a “Participant”), for the benefit of TH Property LLC, a Minnesota limited liability company (“THP”), Yurts of Lake Superior LLC, a Minnesota limited liability company (“Yurts”), and School of Yoga and Nature Arts LLC, a Minnesota limited liability company (the “School”) (THP, Yurts, and the School are collectively, the “School Parties”) and each of the Released Parties, as such term is defined herein.
In exchange for Participant’s ability to utilize, access, or visit any property owned or otherwise utilized by the School Parties (a “Property”), and otherwise participate in any activities or services offered by the School Parties, or arising out of, related, or incidental thereto, including off-Property events and activities (collectively, the “Activities”), Participant, on Participant’s own behalf and on behalf of Participant’s personal representatives, heirs,
estate, next of kin, and any other person or entity claiming by, through, or on behalf of the Participant (collectively, the “Participant Parties”) agrees to the following terms and conditions:
1. PARTICIPANT, INDIVIDUALLY AND ON BEHALF OF THE PARTICIPANT PARTIES,
ACKNOWLEDGES AND AGREES THAT THE SCHOOL PARTIES ARE ONE OF MANY PROVIDERS OF ACTIVITIES OF SUBSTANTIALLY THE SAME NATURE AS THOSE PROVIDED HEREIN, INCLUDING, BUT NOT LIMITED TO, OUTDOOR EVENTS, GUIDED TOURS, YOGA, CRAFTS, FORAGING, TASTINGS, AND OTHER NATURE AND OUTDOOR-RELATED ACTIVITIES, AND THAT THE PARTICIPANT IS ABLE TO SEEK SUCH ACTIVITIES THROUGH OTHER PARTIES, NOT INVOLVING THE SCHOOL PARTIES OR INVOLVING ANY PROPERTY HEREUNDER. PARTICIPANT IS AWARE AND UNDERSTANDS THAT THE ACTIVITIES MAY INCLUDE THOSE WHICH ARE INHERENTLY DANGEROUS AND MAY INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, ILLNESS, DEATH, AND/OR PROPERTY DAMAGE, INCLUDING, BUT NOT LIMITED TO, ROCKS, CLIFFS, WATER, WET OR UNEVEN TERRAIN, TREES AND ROOTS, PLANTS, ORGANIC MATERIALS, FOODS, NATURAL AND PROPERTY CONDITIONS, WEATHER CONDITIONS, AND OTHER HAZARDS. NOTWITHSTANDING THE ACTUAL
OR POTENTIAL RISK, PARTICIPANT ACKNOWLEDGES THAT THE PARTICIPANT IS VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREES TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE, ARISING FROM THE PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES, INCLUDING THOSE INVOLVING PARTICIPANT’S VEHICLE AT THE PROPERTY OR INVOLVING THE ACTIVITIES TAKING PLACE ON THE PROPERTIES OR EVENTS BEING LEAD OFF OF THE PROPERTY GROUNDS.
2. Participant, individually and on behalf of the Participant Parties, hereby RELEASES AND FOREVER DISCHARGES the School Parties and each of their respective owners, members, officers, directors, managers, employees, contractors, agents, representatives, insurers, affiliates, successors, assigns, predecessors in interest, parent, subsidiaries, and all other guests, participants, or other parties involved in or associated with the Activities (collectively, the “Released Parties”) from any and all claims, demands, actions, causes of action, damages, loss, or liability of any kind or nature, including, but not limited to: (a) any personal, property or other injury, damage, or loss, direct or indirect, to any person or entity and any such person’s or entity’s property; and (b) any personal or bodily injury to Guest or any Guest Party, including, without limitation, death, disability, illness, or personal injury,
which may occur during, about, or otherwise in connection with the Activities (the “Released Claims”). Guest further agrees and covenants not to initiate any lawsuit or legal proceeding against any Released Parties relative to any Released Claims and agrees to fully indemnify and hold harmless the School Parties and all Released Parties, including without limitation, from and against, any and all losses, damages, liabilities, costs, attorneys’ fees and expenses, in the event Participant or any Participant Parties pursues any Released Claim on behalf of Participant, or if the School Parties otherwise have to take any action to enforce the provisions of this Liability Waiver. Notwithstanding anything to the contrary contained herein, the Released Claims shall not include, and Participant does not release or discharge the School Parties or any Released Parties from or against, such party’s intentional,
willful, or malicious acts.
3. Participant ACKNOWLEDGES, REPRESENTS, AND AGREES that: (a) in addition to all other rights provided herein, Participant hereby grants to the School Parties the right to use Participant’s name, image, voice, likeness, and reviews, including any photograph, video, audio, writing, or any other recording, depiction, or description of the Participant’s involvement, experience, or participation in the Activities without compensation,
reservation, review, or limitation of any kind or nature; (b) Participant has read the foregoing Liability Waiver, understands it and is signing it voluntarily; (c) the School Parties have made no representations, statements, or inducements, apart from the foregoing releases; (d) Participant is at least 18 years of age and fully competent to provide the releases contained herein; (e) this Liability Waiver is executed for full, adequate and complete
consideration; (f) this Liability Waiver shall be binding upon and inure to the benefit of the School Parties, Released Parties, Participant, Participant Parties, and each of their respective successors and assigns; (g) this Liability Waiver shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to the
principles of conflict of laws, and in the event that any term of this Liability Waiver is held to be invalid, illegal, or unenforceable in any respect, that holding shall not affect the validity, legality, and enforceability of any other term; (h) any claim or controversy arising out of or related to this the Activities or this Liability Waiver shall be submitted to binding arbitration in the State of Minnesota. Participant SPECIFICALLY ACKNOWLEDGES THAT THIS
LIABILITY WAIVER SHALL SERVE AS AN UNEQUIVOCAL WAIVER OF THE RIGHT TO A JURY TRIAL OR BENCH TRIAL IN A COURT OF LAW; and (i) Participant agrees and acknowledges that the insurance carried by the respective School Party in connection with the Activities shall be and provide Participant’s or any Participant Party’s sole recourse against the respective School Party for all claims, losses, liabilities, attorneys fees, and expenses of any kind arising out of, or in any way connected with, the Activities which are not otherwise released by this Liability Waiver and, in no event, shall the School Parties or any Released Party be liable to Participant or the School Parties for any amounts beyond the coverage provided by such insurance.