- The parties to this agreement and release (“Release”) are: (1) Participant, Participant’s parent or legal guardian (all referred to hereafter jointly and severally as “Participant”) and (2) Valley Friendship Club (“VFC”), a Minnesota 501(c)(3) corporation.
- Participant has voluntarily chosen to attend the social and recreational activities sponsored by VFC, until such time that this permission is revoked in writing by Participant or in accordance with the terms of this Release. The activities provided by VFC include, but are not limited to, community services projects, youth and/or community dances, movie nights, art projects, attending community plays and musicals, outdoor hiking, attending sporting events, open gym nights, bowling, exercise classes, and holiday celebrations (each an “Activity”). Participant voluntarily decides which Activity Participant will attend. Participant acknowledges and agrees that Participant, not VFC, is responsible for providing Participant with the care, supervision, support, assistance, and services, including but not limited to medical or emergency services, child or adult care, assistance with disability aids or equipment, transportation, or any other care, supervision and/or assistance of any kind he/she may require during any Activity sponsored by VFC. If Participant has reason to believe that an Activity may present safety concerns for Participant, Participant will decline to participate in or attend the Activity. Participant is responsible for researching and evaluating the Activity risks he/she may face and is responsible for his/her actions during such Activity. Any Activity that Participant decides to take part in, whether as a component of the Activity or separate from it, will be considered to have been undertaken with Participant’s approval and understanding of any and all risks involved.
- Participant understands and is aware that during the Activity certain risks and dangers may arise. Dangers may include, without limitation, unsafe conditions, traffic, physical distance from medical care, minimal supervision, co-participants’ negligent or wrongful conduct, disease risks, including but not limited to, disease transmission and any resulting illness, death, or disability from contracting such disease, and interactions with other disabled individuals. Participant expressly and voluntarily assumes all risk of injury, illness, death and property damage or loss that may result from Participant’s participation in the Activity or from Participant’s use of transportation, dining services, and other goods and services in connection with the Activity.
- As consideration for Participant being permitted to participate in an Activity, Participant and Participant’s heirs, representatives or assigns releases and discharges VFC, and its officers, directors, agents, employees, and legal representatives (the “Released Parties”) from any claim, suit, liability for injury, illness, death, damage or loss arising out of any Activity or incident to such Activity, including, but not limited to the arrangement or provision of transportation, dining, or other goods and services, including any losses caused directly or indirectly by the Released Parties.
- Participant further agrees not to sue or make any claim against the Released Parties for injury, illness, death, damage, or loss sustained as a result any claims released and waived in paragraph 4 above. Participant will indemnify, defend, and hold harmless the Released Parties from all loss, liability, claims, damages, judgments, expenses, and costs, and attorney’s fees, incurred in connection with any action, including the costs and expenses of defending any claim or bringing any claim to enforce the contractual and indemnification obligations hereunder, except if such claim directly results from the willful misconduct or gross negligence of such Released Parties (as determined by a final, non-appealable order from a court of competent jurisdiction).
- In further consideration of Participant agreeing to participate in such Activity, Participant hereby consents to and authorizes VFC’s employees and volunteers to administer general first aid treatment for any minor injuries or illnesses experienced by Participant during an Activity. If the injury or illness is life threatening or in need of emergency treatment, Participant authorizes VFC’s employees and volunteers to obtain emergency medical treatment for Participant. Participant understands and accepts that any medical costs incurred with respect to emergency medical treatment will be Participant’s responsibility.
- Participant grants VFC permission to (both during and any time after), use the participants likeness, name, voice, and words in television, radio, film, newspapers, magazines, and other media, and in any form, for the purpose of advertising or communicating the purposes and activities of VFC and/or applying for funds to support those purposes and activities.
- Participant shall not engage in inappropriate conduct. Participant understands that, in its sole discretion, VFC or its representative may terminate at VFC’s sole discretion Participant’s participation in the Activity at any time, including during the Activity. Reasons for termination may include but are not limited to inappropriate conduct or other behavior by Participant deemed detrimental to the best interests of the Activity, including co-participants, or the health and/or safety of Participant, VFC employees or volunteers, or co-participants.
- Participant agrees to stay home from events if they are feeling ill, tested positive for COVID-19, and/or have been in close contact with someone with COVID-19 per the guidelines of the Centers for Disease Control and Prevention (CDC).
- This Release shall be construed in accordance with, and governed by, the laws of the State of Minnesota. The venue for any action arising out of this Release shall be the County of Washington, State of Minnesota. The parties agree to submit to jurisdiction in Washington County, Minnesota.
- It is understood and agreed that, if any provision of this Release or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of this Release, which can be given effect without the invalid provisions or applications.
- The language and provisions of this Release shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. This Release is the only, sole, entire, and complete agreement of the parties relating in any way to the subject matter hereof. No statements, promises, or representations have been made by any party to any other, or relied upon, and no consideration has been offered or promised, other than as may be expressly provided herein. This Release supersedes any earlier written or oral understandings or agreements between the parties.
