ACTION SPORTS OF MN INC. D.B.A. 3RD LAIR SKATE PARK
HOPKINS OVERPASS SKATEPARK
100 WASHINGON AVE S - HOPKINS - MN - 55343
PHONE (952) 933 3343
Participant Agreement, Release And Assumption Of Risk
In consideration of the services of Action Sports of Minnesota Inc d/b/a the 3rdLair Skate Park, the City of Hopkins, and the Minnesota Department of Transportation, their agents, owners, volunteers, participants employees and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as Overpass SkatePark), I hereby agree to release, indemnify and discharge Overpass SkatePark, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
- I acknowledge that my participation in skateboarding, in-line skating, BMX bicycling, soap shoes, scooters, roller skates, or other activities or sports known as dangerous but not mentioned above entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
- The risks include, among other things: Collision with other participants, the walls, or other fixed objects; falling down; my own equipment failure or the failure of other's equipment; my own or other's negligence; and objects or conditions on the surface that may cause me to fall; broken bones, sprains, head and back injuries, abrasions, and bruises. Furthermore, Overpass SkatePark employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They may give inadequate warnings or instructions, and the equipment being used might malfunction.
- I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
- I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Overpass SkatePark from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Overpass SkatePark's equipment or facilities, including any such claims which allege negligent acts or omissions of Overpass SkatePark.
- Should Overpass SkatePark or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
- I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage to myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
- In the event that I file a lawsuit against Overpass SkatePark, I agree to do so solely in the state of Minnesota, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Overpass SkatePark on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
I Agree February 6, 2023