RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

IN CONSIDERATION of the lease and use of Equipment described above, which Equipment is owned by Lake Pepin Kayak & Paddleboard Outfitters, LLC, (hereinafter collectively referred to as the “Lessor”), the undersigned, for himself/herself, his/her personal representatives, heirs and next of kin:

  1. Acknowledges, agrees and represents that the undersigned has or will immediately upon entering the Track, and will continuously thereafter, inspect the Track and further agrees and warrants that if at any time the undersigned feels anything to be unsafe, the undersigned will immediately advise Lessor of such dangerous condition and if necessary will leave the Track and/or refuse to participate further in using the Track.
  2. Hereby releases, waives, discharges and covenants not to sue Lessor (i and each of their agents, employees, family members, successors and assigns, participants, Track operators, Track owners, officials, vehicle and motorcycle owners, operators, crews, rescue personnel, lessees of the premises and each of them, their directors, officers, agents and employees (collectively “Releasees”) from all liability to the undersigned and the undersigned’s personal representatives, assigns, heirs and next of kin for any and all loss or damage and any claim or demands therefore on account of injury to the person or property or resulting in the death of the undersigned arising out of or related to the use of the Track, caused by the ordinary negligence of the Releasees including errors or omissions relating directly or indirectly to the maintenance, design or operation of the Track, however, this release and waiver of liability does not apply to any claim of gross negligence or intentional tort by any Releasee.
  3. Hereby agrees to indemnify, defend and hold harmless the Releasees and each of them from any loss, liability, damage or cost they may incur arising out of or related to the undersigned’s use of the Track, including any litigation expenses and attorneys’ fees.
  4. Hereby assumes full responsibility for any risk of bodily injury, death or property damage arising out of, or related to the use of, the Track.
  5. Hereby acknowledges that the use of the Track is inherently very dangerous and involves a significant risk of serious injury and/or death and/or property damage.
  6. Hereby acknowledges that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Minnesota and that if any portion hereof is held invalid, it is agreed that the balance of this Agreement shall continue in full force and effect.
  7. Hereby acknowledges that any minor under the age of eighteen (18) must have their parent or legal guardian execute this Agreement on their behalf.

Your signed waiver will expire at the end of the year in which it was signed.
You will need to resubmit a new waiver, once every calendar year.

Waiver Signature
Is the participant under the age of 18?

Minor, younger than 18

If under age eighteen (18) this Agreement must be signed by parent or legal guardian.

Minor's Name
Minor's Name
First
Last

Any minor under the age of eighteen (18) must have their parent or legal guardian execute this Agreement on their behalf.

Name of Parent or Legal Guardian
Name of Parent or Legal Guardian
First
Last

Adult 18 or older

Name of Participant
Name of Participant
First
Last