(Essentially this Waiver and Release says neither my partner, Scot Zimmerman, nor I (Elaine Koyama), are responsible for any injury you may incur for any reason. By submitting your name, you are accepting the terms of this Waiver and Release and when you hit SUBMIT you agree and understand this is legally binding. This paragraph is NOT intended to be part of the agreement, and it is YOUR responsibility to read the entire contract before you hit SUBMIT.”
In consideration of the risk of injury while participating in use of lake home, lakeshore and property (located at 16200 County Road 64 NE, Miltona, Minnesota), house, contents, outbuildings, boat and personal water craft as may be made available (the “Activity”), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Scot Zimmerman and Elaine Koyama, located at 16200 County Road 64 NE, Miltona, Minnesota 56354-8116, their affiliates, agents, staff, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
I am voluntarily participating in the aforementioned Activity and I am participating in the Activity entirely at my own risk. I am aware of the risks associated with traveling to and from as well as participating in this Activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others’ negligence, conditions related to travel, or the condition of the Activity location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this Activity, including travel to, from and during this Activity.
I agree to indemnify and hold harmless Scot Zimmerman and/or Elaine Koyama against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Scot Zimmerman and/or Elaine Koyama incurs any of these types of expenses, I agree to reimburse Scot Zimmerman and/or Elaine Koyama.
I acknowledge that Scot Zimmerman and Elaine Koyama and their representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Scot Zimmerman and Elaine Koyama.
I acknowledge that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others.
I acknowledge that I have carefully read this “waiver and release” and fully understand that it is a release of liability. I expressly agree to release and discharge Scot Zimmerman and Elaine Koyama from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against Scot Zimmerman and/or Elaine Koyama for personal injury or property damage.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Scot Zimmerman and Elaine Koyama.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
This agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Scot Zimmerman and Elaine Koyama agree that this agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
I affirm that I am of the age of 18 years or older, and that by submitting my name and contact information below, I am freely entering into this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am submitting it of my own free will.
I UNDERSTAND THAT WHEN I COMPLETE THIS FORM I AM AGREEING TO THIS WAIVER AND RELEASE OF LIABILITY WHEN I HIT SUBMIT AND THAT THIS WILL BE LEGALLY BINDING.