PLEASE READ CAREFULLY BEFORE BOOKING YOUR CLASS THIS IS A RELEASE OF LIABILITY AND A WAIVER OF CERTAIN LEGAL RIGHTS
This Waiver & Release (“Waiver”) is given by the individual(s) named below (each a “Participant”) to Margo + Lola, LLC, a Minnesota limited liability company, and M+L Real Estate Holdings, LLC, a Minnesota limited liability company (collectively, “Margo+Lola”). If any Participant is under the age of eighteen (18) this Waiver must be signed by such Participant’s parent and/or legal guardian (“Guardian”). In that event, this Waiver is given by Guardian individually and on behalf of such Participant and any references to “I,” “me,” “my,” “you” or the like shall be references to both Guardian and such Participant.
If you have any questions, comments or proposed changes with respect to this Waiver, disagree with any of its terms, or want to discuss this Waiver with Margo+Lola, you should directly contact Margo+Lola and not sign this Waiver unless and until you are satisfied with its content. You are solely responsible to recommend any changes to accomplish your own needs and interests. By signing this Waiver, you acknowledge the foregoing opportunities and agree that you are satisfied with its content.
In consideration for being permitted to access property owned or leased by Margo+Lola and to participate in the activities related to the flyfishing program, course or event including classroom training, dryland training and/or streamside activities (the “Activities”), I agree to the following:
I acknowledge that the Activities, such as fishing and hiking, have inherent risks, hazards, and dangers for anyone that cannot be eliminated, particularly in a wilderness environment. I understand that these risks, hazards, and dangers include without limitation:
Water hazards in wading in the rivers including drowning;
Hiking in rugged country;
Injuries from fishing equipment and other participants;
Encounters with wildlife, animals, and insects;
Inclement weather conditions and unavailability of immediate medical attention in the wilderness in case of injury
I understand the risks, hazards, and dangers associated with the Activities and have had the opportunity to discuss them with a Margo+Lola representative. I understand that these activities may require good physical conditioning and a degree of skill and knowledge. Participant has the physical conditioning and degree of skill and knowledge necessary to engage in the Activities safely. I understand that Participant has responsibilities and is solely responsible for Participant’s own safety. Participant will immediately discontinue all Activities, and notify Margo+Lola of such discontinuation, if Participant feels any condition or situation is unsafe during participation in the Activities.
Participant’s participation in the Activities is purely voluntary. No one is forcing Participant to participate and Participant elects to participate in spite of the risks. I am voluntarily participating with full knowledge of the inherent risks, hazards, and dangers involved and hereby assume and accept any and all risks of injury, paralysis, disease, sickness, or death, property damage or loss, and psychological stress or emotionally distressing situations and scenarios. I also consents to any emergency treatment of Participant in the event of injury or illness, but this Waiver does not create an obligation for Margo+Lola to provide such treatment.
Lastly, I, to the fullest extent permitted by applicable law, hereby unconditionally, knowingly and intentionally waive and release, and agree to indemnify and hold harmless Margo+Lola and their officers, managers, contractors, guides, agents, employees and volunteers (collectively, “Released Parties”) from and against any and all claims, counterclaims, demands, actions, causes of action, liabilities, suits, illnesses, injuries to person or property (including, without limitation, death, disease, incapacity and disability), damages, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees), whether known or unknown, liquidated or unliquidated, fixed or contingent, direct or indirect, which are related to, arise out of, or are in any way connected with my participation in the Activities (collectively, “Claims”) including, but not limited to, Claims caused by ordinary negligence of Released Parties, but excluding Claims caused by greater than ordinary negligence or reckless or intentional conduct of any Released Parties. I, unless otherwise required by applicable law, further agree not to sue any Released Parties, or assist any other individual or entity in any such suit, with respect to any Claims. The terms of this paragraph shall also apply to any of my relatives, next of kin, heirs, beneficiaries, employers, successors or assigns who attempt to assert any Claims on my or their behalf.
Margo+Lola has the right to take photographs, videotape or other recordings of Participant in connection with the Activities (“Media”). Margo+Lola shall own all Media and may, without limitation, use, market, sell, reproduce, copy and distribute copies by sale, lease or any other means, perform and display publicly or privately, create derivatives, translate and modify Media in any manner. I hereby waives any rights, claims or interests I may have to inspect, approve or control Media prior to being used as permitted herein, and hereby release Released Parties from all Claims relating to Media. No fees or other compensation from Margo+Lola for any of the foregoing are required and I expressly waive any right to such fees or other compensation.
This Waiver shall be governed and interpreted under the laws of the State of Minnesota, without regard to its conflict or choice of law principles. Any action arising out of or related to this Waiver or the Activities shall be brought only in the courts of Hennepin County, Minnesota, you expressly consent to such courts’ jurisdiction. Should any portion of this Waiver be held invalid or unenforceable, it will not invalidate this Waiver, but rather only that invalid or unenforceable portion will be amended to achieve as nearly as possible the same effect as the original language and the remainder of this Waiver will remain in full force and effect. Any attempted assignment of this Waiver by you shall be null and void. Margo+Lola may freely assign this Waiver. All of the terms and provisions of this Waiver shall be binding upon and inure to the benefit of the parties hereto and their respective personal representatives, estates, heirs, successors and permitted assigns.