Fall 2021 Extravaganza — Forestville/Mystery Cave State Park, MN

Minnesota Rovers Outdoors Club (“MN Rovers”) conducts various outdoor recreational activities (“MN Rovers Activities”). I am willingly and voluntarily choosing to participate in MN Rovers Activities. This Waiver and Release of Liability applies to the specific activity “Activity” outlined below as well as to other MN Rovers Activities.

SUMMARY: I agree that MN Rovers will not be held responsible for anything that happens to me at a MN Rovers Activity.

I understand that the MN Rovers Activities that I am and will be participating in are potentially dangerous and involve the risk of personal injury, psychological harm and/or death. I hereby, on behalf of myself, my heirs, representatives, successors, executors, and administrators knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action arising out of my participation in the MN Rovers Activities, and do hereby release and forever discharge MN Rovers, their affiliates, managers, members, agents, trip coordinators, staff, volunteers, representatives, predecessors, successors and assigns (“Released Parties”), 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 MN Rovers Activities including traveling to and from an event related to any MN Rovers Activity. I assume all related risks, both known or unknown to me, of my participation in the MN Rovers Activities. I acknowledge that the Released Parties 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 MN Rovers.

SUMMARY: I agree to reimburse MN Rovers if MN Rovers or its Released Parties get sued by me, by someone on my behalf, or by any third party related to my participation in a MN Rovers Activity.

I agree to indemnify and hold harmless MN Rovers against any and all claims, suits or actions for liability, damages, compensation or otherwise brought by me, by anyone on my behalf, or by any third party, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me, by anyone else acting on my behalf or by a third party because of my participation in a MN Rovers Activity. If MN Rovers incurs any of these types of expenses, I agree to reimburse MN Rovers.

SUMMARY: I am financially responsible for my own medical care as well as damage to equipment or facilities caused by me.

I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in a MN Rovers Activity. 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 or my family’s 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.

MN Rovers and I 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. I also understand that if any portion of this release and waiver is deemed overreaching or void for any reason, all other portions not deemed overreaching or void remain valid and in effect. 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 HAVE READ THIS RELEASE AND WAIVER OF LIABILITY AND UNDERSTAND THAT I AM GIVING UP CERTAIN RIGHTS BY SIGNING IT. I fully understand its content, and that this release cannot be modified orally. I am signing it voluntarily and freely and am at least 18 years of age, or as a legal guardian agreeing on behalf of my minor child/ren and am competent to sign. I understand that this release does not apply to any intentional, willful, or wanton acts on the part or on any of the Released Parties. I also understand that if any portion of this release and waiver is deemed overreaching or void for any reason, all other portions not deemed overreaching or void remain valid and in effect.

Last Revised: October 2024