Assumption of Risk, Release and Waiver of Liability

Charlson Meadows, a nonprofit corporation (“Charlson Meadows”), is the owner of approximately 142 acres located at 1601 Highway 7, Victoria, Minnesota (the “Property”).  The Property includes several buildings, plus undeveloped wetlands, ponds and lowlands, forests and wooded areas, wildlife, and frontage on two lakes.  Charlson Meadows does not represent or warrant the condition of the Property as being safe and free from hazards or dangerous conditions.

 

In consideration for entrance to the Property, the undersigned agrees as follows:

 

  1. Declaration and Acknowledgment. I understand that participating activities on the Property, including without limitation hiking and swimming and group activities, may involve risks, dangers and hazards that may cause serious personal injury or death and/or damage to property, and that injuries from physical activities are a common and ordinary occurrence.  I, agree as a precondition to and in consideration for my entrance upon the Property and participation in any activities organized and conducted by Charlson Meadows or its contracted providers on the Property to be strictly bound by the terms of this Assumption of Risk, Release and Waiver of Liability (the “Agreement”) until this Agreement is revoked by me in writing.

 

  1. Assumption of Risk. To the maximum extent allowed by law, I UNDERSTAND, ACKNOWLEDGE, AND ASSUME ALL RISKS AND DANGERS for any loss of property, property damage, personal injury, death or disability that may result from entering upon the Property and participating in activities on the Property (the “Assumed Risks”), including those arising from ordinary negligence of the Releasees who are identified hereafter. Such risks and dangers include, but are not limited to, loss or damage to property, physical injuries or death resulting from the occupancy and use of the buildings, lakes, roads, and trails, and weather-related conditions (including rain, mud, ice, snow and wind), drowning, tripping, exertion, exposure, contracting any virus or illness of any kind, and any other known or unknown, foreseen or unforeseen, risks related to the use and enjoyment of the Property and activities conducted thereupon.

 

  1. Release and Waiver of Liability. I, and on behalf of my heirs, successors, assigns and personal representatives, hereby release, waive, and forever discharge Charlson Meadows and its officers, directors, trustees, employees, agents and representatives, and their successors and assigns (collectively, “Releasees”), in their official and individual capacities, from any claims, demands, actions, losses, causes of action, judgments, damages, expenses and costs, including attorney’s fees, which arise out of, result from, occur during, or related to the Assumed Risks. This Release is valid and effective whether the damage, loss, personal injury, death or disability is the result of any act or omission on the part of any Releasees or from any other cause.

 

  1. Indemnification. I, and on behalf of my heirs, successors, assigns and personal representatives, hereby agree to indemnify, defend and hold harmless the Releasees from any and all liability, loss, damage or expense, including attorney fees, that they or any of them incur or sustain as a result of any claims, demands, actions, losses, causes of action, damages, judgments, costs or expenses, including attorney’s fees, which arise out of, occur during, or are in any way connected to my entrance upon, occupancy and use of and participation in any activities offered by Charlson Meadows.