In consideration of being allowed to participate in activities and events related to Destination Winter St. Paul, including but not limited to the Securian Financial SuperSlide, Wells Fargo WinterSkate, "broomball" or ice hockey events, and any activities incidental thereto at or around CHS Field, St. Paul, Minnesota (“Destination Winter St. Paul”), the undersigned (or his/her parent or guardian on behalf of the participant if the participant is a minor) (“Participant”) acknowledge, appreciate, and agree that:
- Participant recognizes that certain risks are inherent in participating in Destination Winter St. Paul and its associated activities, including but not limited to colliding or making physical contact with others, or falling, crashing or making physical contact with the ice, ground, wall or object. Participant further recognizes the risk of injury from the activities involved in Destination Winter St. Paul is significant, including the potential for permanent paralysis and death, and while particular skills, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; and,
- PARTICIPANT KNOWINGLY AND FREELY ASSUMES ALL SUCH RISKS, both known and unknown, even if arising from the negligence of the Releasees or others or due to improper fitting or inadequate or defective protective equipment whether distributed by Releasees or otherwise, and assume full responsibility for my participation; and,
- Participant willingly agrees to comply with the stated and customary terms and conditions for participation. If, however, Participant or his/her parent or guardian observe any unusual significant hazard during Participant’s presence or participation, Participant will remove him- or herself from participation and bring such to the attention of the St. Paul Saints Baseball Club, Inc. immediately; and
- The undersigned and on behalf of Participant’s heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS the St. Paul Saints Baseball Club, Inc., CHS, Inc., Securian Financial Group, Inc., Wells Fargo & Co., Saint Paul RiverCentre Convention and Visitor’s Authority d/b/a Visit Saint Paul, The City of St. Paul, and their respective officers, owners, officials, affiliates, agents and/or employees, volunteers, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessor’s of premises used for the activity ("Releasees"), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE to person or property associated with any presence or participation, including without limitation the loss or theft by third parties of personal property, and whether arising from the negligence of the Releasees or others, or due to improper fitting or inadequate or defective protective equipment whether distributed by Releasees or otherwise, to the fullest extent permitted by law.
- Participant hereby agrees that participation in Destination Winter St. Paul shall constitute permission to use the name, likeness or any other identification of Participant for advertising, publicity or any other purposes in connection with Destination Winter St. Paul and any event(s) related thereto, without compensation to or right of prior review or approval by Participant or his/her parent or guardian (except where prohibited by law).
- Participant hereby acknowledges and agrees that Releasees are not the insurer or bailee of any personal property brought on to the premises and that it shall be the sole responsibility of Participant and/or his or her parent or guardian to safekeep any valuables or personal property.
- This Release shall be governed by and construed in accordance with the laws of the State of Minnesota, without reference to the conflict of law provisions thereof, and the Participant or his/her parent or guardian hereby consents to venue and personal jurisdiction in the district court of the State of Minnesota. If any portion of this Release shall be held invalid or unenforceable, the remaining portion hereof shall not be affected thereby and shall remain in full force and effect.
- Participant or his/her parent or guardian represents and certifies Participant is not currently, nor will be at any time during his/her participation at Destination Winter St. Paul, under the influence of alcohol or drugs that will impair his/her ability to safely participate.
- Participant or his/her parent or guardian certifies that Participant’s attendance and participation at Destination Winter St. Paul is voluntary.
- If the Participant is under the age of eighteen (18), Participant’s parent or guardian hereby certifies that he/she has fully disclosed the names of all minor(s) for whom they have legal responsibility and who are involved with or are participating in Destination Winter St. Paul.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
IN WITNESS WHEREOF, I have executed this Request and Release on January 25, 2020