PLEASE READ THIS AGREEMENT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THIS AGREEMENT CONTAINS AN ASSUMPTION OF RISK, WAIVER OF LIABILITY, DEFENSE, AND INDEMNIFICATION. I wish to use Accredited Investors, Inc. recreational facilities and/or equipment. Accredited Investors, Inc., as well as its direct and indirect affiliates, including but not limited Aii Real Estate Holdings, LLC, and all of their employees, contractors, officers, directors, agents, representatives, volunteers and other entity or person acting for them, and all of their successors and assigns shall collectively be referred to as the "Company" herein. In consideration of the benefits of entry and use of the Company’s recreational facilities, including but not limited to the use of the Company’s premises, facilities, equipment, services, activities and products (the “Use”), I, on behalf of myself, and any of my guests, invitees and children, hereby agree to all the terms and conditions in this Agreement. 1) ASSUMPTION OF RISK. I understand that there are dangers, hazards, and risks of injury or damage, some of which are inherent, in the Use. My Use is voluntary and unrelated in any way to my relationship with Accredited, whether that be as an employee, client, guest, contractor, partner and/or volunteer. a) Use of Premises and Equipment. I understand that Use can include but is not limited to (1) use of indoor and outdoor recreational and/or fitness facilities, entryways, sidewalks, parking lots and any other facilities or equipment; (2) use of pickleball and bocce courts; and (3) all other programs, activities, classes, sessions, seminars, workshops, assessments, events, amenities, or benefits that are sponsored, endorsed or operated by the Company on, inside or outside the premises. b) Risks. I understand that the dangers, hazards, and risks of injury or damage in the Use may include but are not limited to (1) slips, trips, collisions, falls, and loss of footing or balance, including “slip and falls” and falls from and/or with use of equipment; (2) equipment failure, malfunction or misuse; (3) property or information theft, loss, misuse or damage, including from vehicles, equipment, files or systems; and (4) other accidents or incidents that may result in injury or damage to me (the “Risks”). c) Injuries. I understand that such injuries or damages may include but are not limited to major or minor personal, physical, bodily, emotional, mental, economic, property or other types of injuries or damages (“Injuries”), including but not limited to (1) death; (2) paralysis, brain damage, heart attacks, strokes, disfigurement, heat stress and/or heat stroke, dehydration, concussions, hearing loss, torn or damaged muscles or ligaments, broken bones, allergic reactions, burns, sprains, bruises and scrapes; (3) aggravation of pre-existing injuries or medical conditions; (4) pain and suffering; (5) loss of consortium, love, affection, comfort, companionship, or care; (6) emotional distress, embarrassment, humiliation, or shock; (7) lost wages or lost earning capacity; (8) lost, stolen, misused or damaged property or information; and (9) any other disability, impairment, incapacity, injury or damage. I understand that Risks and Injuries in the Use (collectively, “Risks of Injury”) may be caused, in whole or in part, by the NEGLIGENCE OF THE COMPANY, me, my child(ren), other guest(s), workers on-site, non-guests and/or other persons. I FULLY UNDERSTAND, AND VOLUNTARILY AND WILLINGLY ASSUME, THE RISKS OF INJURY. 2) WAIVER OF LIABILITY. On my behalf, other guests, parents, spouses, children, guardians, heirs, next of kin, personal representatives, heirs and assigns, I hereby voluntarily and forever release and discharge the Company from, covenant and agree not to sue the Company for, and waive, any claims, demands, actions, causes of action, debts, damages, losses, costs, fees, expenses or any other alleged liabilities or obligations of any kind or nature, whether known or unknown (collectively, “Claims”) for any Injuries to me in the Use which arise out of, result from, or are caused by any NEGLIGENCE OF THE COMPANY, me, my child(ren), any guest(s), non-guest(s) and/or any other person (collectively, “Negligence Claims”). a) Negligence Claims. I understand that Negligence Claims include but are not limited to the Company’s (1) negligent design, construction (including renovation or alteration), repair, maintenance, operation, supervision, monitoring, or provision of premises and/or Ise; (2) negligent failure to warn of or remove a hazardous, unsafe, dangerous or defective condition; (3) negligent failure to provide or keep premises in a reasonably safe condition; (4) negligent provision of or failure to provide emergency care; (5) negligent hiring, selection, training, instruction, certification, supervision or retention of employees, independent contractors or volunteers; (6) negligent collection, use, disclosure or storage of personal, sensitive or other information (including negligent failure to implement or maintain information security controls); or (7) other negligent act(s) or omission(s). b) Fees and Costs. I specifically agree that, if I (on my own behalf or on behalf of another, including my estate) assert a Negligence Claim against the Company and/or breach my agreement not to sue the Company, I will pay all reasonable fees (including attorneys’ fees), costs and expenses incurred by the Company to defend (1) the Negligence Claim(s) and (2) all other Claims based on the same facts as the Negligence Claim(s). 3) DEFENSE AND INDEMNIFICATION. On my behalf, on behalf of my guests, invitees and children, and on behalf of my heirs , I agree to defend, indemnify and hold the Company harmless to the fullest extent permitted by law from and against any Claim (including any Negligence Claim) asserted against the Company by any other person arising out of, resulting from, or caused by the Use by me, my guests, invitees and/or children. 4) HEALTH AND SAFETY. I represent that I am healthy enough to engage safely in the Use, and that I have had the opportunity to talk to a doctor prior to Use, which the Company strongly recommends. I acknowledge that the Company does not and will not provide medical advice. I agree that I will remove myself from the Use if I observe any hazardous, unsafe, dangerous or defective condition, if I am incapable of engaging in such Use safely, or if required or instructed to do so by the Company. I acknowledge that I am responsible for my guests, invitees, and child(ren)’s conduct, health and safety and that the Company is not responsible for any medical expenses incurred by me, my guests, my invitees, and/or my child(ren) in connection with the Use of the Premises. 5) ACCURACY OF PERSONAL INFORMATION. I represent and warrant that I am 18 years of age or older and that all the information that I provide to the Company is current, accurate, complete, and truthful. 6) WAIVER OF JURY TRIAL. I waive my constitutional and statutory rights to have a trial in front of a jury with respect to any and all Negligence Claims and/or any claims based upon the same set of facts as any Negligence Claim and/or any claim that may arise as a result of by Use. 7) GOVERNING LAW. This Agreement and my Use is governed by Minnesota law. 8) SEVERABILITY. I agree that this Agreement, including without limitation the ASSUMPTION OF LIABILITY, is intended to be as broad and inclusive as permitted under applicable law. If a court declares any part of this Agreement unenforceable, invalid or void, that part alone shall be severed from this Agreement, and the entire remainder of the Agreement, including any partially enforceable provision, shall be fully binding and enforceable to the maximum extent permitted by applicable law. 9) OTHER PROVISIONS. I am not relying on any oral or written promises, representations, statements, covenants or warranties, other than those set forth herein, to induce me to sign this Agreement. This Agreement may be amended at any time by the Company upon such notice, if any, as may be required by law. If the Company fails to enforce any right in this Agreement for any reason, the Company does not waive its right to enforce it later. 10) PARENT OR GUARDIAN AGREEMENT. If I am the parent or legal guardian of a minor child(ren), I acknowledge and represent to the Company that I have the right and authority to make decisions concerning the care, custody and control of my minor child(ren), including but not limited to the right and authority to execute this Agreement on my minor child(ren)’s behalf. By agreeing to the terms of this Agreement and/or by signing this Agreement, I am binding each of my minor children to its terms, including but not limited to the ASSUMPTION OF RISK, WAIVER OF LIABILITY, DEFENSE AND INDEMNIFICATION and HEALTH AND SAFETY provisions. I further acknowledge and agree that the Company is not responsible for my children and I take full responsibility for such children, including fully indemnifying and defending the Company for any claims, injuries, damages alleged and/or sustained by such children. 11) GUESTS/INVITEES. If I bring a guest and/or invitee of mine on the Premises, I acknowledge and represent to the Company that, by signing this Agreement, my guest(s) and invitee(s) are bound by and have agreed to the terms of this Agreement, including but not limited to the ASSUMPTION OF RISK, WAIVER OF LIABILITY, DEFENSE AND INDEMNIFICATION and HEALTH AND SAFETY provisions, the Company is not responsible for such guest(s) and/or invitee(s), and I take full responsibility for such guest(s) and invitee(s), including fully indemnifying and defending the Company for any claims, injuries or damages alleged and/or sustained by my guest(s) and invitee(s). December 23, 2024 I agree to the foregoing terms and conditions and represent that I have read and understand this Agreement.
|