Boundary Waters

Assumption of Risk and Release of Liability Agreement


 

This Assumption of Risk and Release of Liability Agreement (the “Agreement”) is entered into by and between The Point, LLC (hereinafter “The Point”) and the person who has affixed his/her/their signature below (hereinafter the “Participant”).In consideration of The Point furnishing services and/or equipment to enable the Participant to participate in certain activities, including but not limited to canoeing, kayaking, boating, hiking and camping (collectively the “Activities”), the Participant agrees as follows:

The Activities involve physically and mentally strenuous scenarios in remote wilderness areas far from civilization.

The Activities include the risk of serious injury, disability, death, and loss or damage to personal property from many causes, including negligent acts or omissions by the Participant, other guests, The Point representatives, third parties, or even animals.

Risks and dangers may arise from the Activities from foreseeable or unforeseeable causes, including but not limited to: human errors in judgment, health conditions, terrain, weather, water conditions, route locations, misuse of equipment, animals, and/or fire.

With full knowledge of the inherent risks in the Activities, the Participant assumes all risk and responsibility surrounding his/her/their participation in the Activities.

The Participant acknowledges that The Point, LLC assumes no duty or responsibility for the management or treatment of his/her/their medical issues or concerns, including the duty to make diagnoses. For diagnosis, management, and treatment, the Participant relies solely on his/her/their medical doctor(s).

To the maximum extent permitted by law, the Participant shall release, hold harmless, and indemnify The Point and its owners, members, officers, directors, staff, guides, representatives, employees and agents, all owners of property on which the Activities take place, and all parties who provide goods or services in connection with the Activities, from and against all present or future claims, losses, expenses or liabilities in any jurisdiction for injuries to person or property which the Participant may suffer, or for which the Participant may be liable to any other person, related to his/her/their participation in the Activities resulting from the acts, omissions, or negligence of The Point or any other person or entity.

This Assumption of Risk and Release of Liability Agreement will apply to claims made by the Participant or on his/her/their behalf, or by the Participant’s family members, heirs or personal representatives, each of whom is bound by the terms of this Assumption of Risk and Release of Liability Agreement and covenant not to sue The Point and its owners, members, officers, staff, guides, representatives, employees, and all owners of property on which activities take place, and all parties who provide goods or services in connection with the Activities.

The Participant permits the use of any photos, films, or sketches of himself/herself/themselves taken during or related to the Activities for publicity, advertising, promotion or other commercial purpose. The Participant permits use of his/her/their email for correspondence from The Point.

The Participant is financially responsible for any damage done to The Point’s equipment.

The Participant has carefully read and freely signed this Assumption of the Risk and Release of Liability Agreement.

No oral or written representations can or will modify the contents of this Agreement.

This Agreement shall be governed by the laws of the State of Minnesota (excluding its conflict of law principles) which shall be the exclusive forum for any lawsuits filed under or incident to the Agreement or the The Point Activities in which the Participant has taken part.

I HAVE READ THIS ASSUMPTION OF RISK AND LIABILITY RELEASE, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

 

Dated: ____________

PARTICIPANT:

 

 ___________________________________

Signature

 

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