This Agreement is entered into between True North Ministries, Inc. (TNR) and undersigned Participant individually and/or on behalf of their child or ward, for the participation in TNR’s programs in exchange for Participant’s agreement to the terms herein, including waiver of liability against TNR, its landlord, property owner, officers, staff, volunteers or other agents or representatives.
HORSES AND LIVESTOCK ACTIVITIES ARE INHERENTLY DANGEROUS
TNR is a Minnesota nonprofit corporation and 501(c)3 charity, and a nonprofit sponsor of livestock activities as defined by Minn. Stat. § 604A.12 and immune from liability for death of or an injury to a participant resulting from the inherent risks of livestock activities. “Inherent risks of livestock activities” means, without limitation:
(1) the propensity of livestock to behave in ways that may result in death or injury to persons on or around them, such as kicking, biting, or bucking;
(2) the unpredictability of livestock's reaction to things like sound, sudden movement, unfamiliar objects, persons, or other animals;
(3) natural hazards such as surface or subsurface conditions; or
(4) collisions with other livestock or objects.
"Livestock" means cattle, sheep, swine, horses, ponies, donkeys, mules, hinnies, goats, buffalo, llamas, cats, dogs or poultry.
"Livestock activity" means an activity involving the maintenance or use of livestock.
Livestock activity includes:
(1) loading, unloading, or transporting livestock;
(2) livestock shows, fairs, competitions, performances, races, rodeos, or parades;
(3) livestock training or teaching activities;
(4) boarding, shoeing, or grooming livestock; or
(5) riding or inspecting livestock or livestock equipment.
Other TNR activities may include, but are not limited to, physical activity, walking/running, group games, sports, aquatic activities, general recreation, general use of grounds including its improvements, working on projects in a woodshop, greenhouse, cooking, craft making, motorized equipment, and other farm implements. Participants are responsible for making common sense choices around inherently dangerous conditions involving heat, cold, sharp objects, and uneven or slippery walking surfaces.
Participant agrees to follow all posted rules and safety requirements and assumes the risk of adverse consequences for Participant’s failure to follow TNR’s rules and recommendations.
TNR may take or request photos or video of participants engaging in programs. Participant grants permission to use such photos and video to promote TNR, for example, in social media, film, books and brochures.
WAIVER OF LIABILITY AND COVENANT NOT TO SUE
Participant, individually and for any child or ward of Participant’s who is present or participating in TNR programs, signing on behalf of anyone with standing to bring a claim on Participant’s or their child or ward’s behalf, acknowledges and assumes the inherent risks of livestock activities and agrees not to sue the Sponsor, its landlord, property owner, employees, volunteers, agents or other representatives by waiving Sponsor’s liability for any claim up to and including ordinary negligence, excluding only recklessness, gross negligence, or intentional acts, arising in connection with Participant’s activities at or sponsored by TNR as disclosed in this agreement. Participant agrees to indemnify TNR and pay TNR’s attorney fees for any claim brought against TNR as a result of conduct by Participant or Participant’s child or ward and agrees that the prevailing party will be entitled to an award of reasonable attorney fees in the event of any lawsuit between the parties. Participant acknowledges that this Waiver of Liability and Assumption of Risk is intended to protect Sponsor from lawsuits and claims arising from injuries or other damages caused by accidents.
This Agreement is controlled by Minnesota law, and Crow Wing County, Minnesota is the appropriate venue for any claims arising under this Agreement.
Signed and agreed on the date below:
Lee and Dan Shelstad
True North Ranch Ministries, Inc. 12600 Pelican Beach Road and 27049 Shelstad Lane, Merrifield, MN 56465 ("premises", "property")
Today's date: June 28, 2022