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.
In consideration for being allowed to enter upon and use and enjoy the Property, the undesigned agrees as follows:
1. Assumption of Risk. I understand and accept that the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization, is extremely contagious, is believed to spread mainly from person-to-person contact, and that EXPOSURE OR INFECTION MAY RESULT IN PERSONAL INJURY, ILLNESS, PERMANENT DISABILITY, AND DEATH. Charlson Meadows has put in place preventative measures to reduce the spread of COVID-19; however, Charlson Meadows cannot guarantee that you will not become infected with COVID-19. I ACKNOWLEDGE THE CONTAGIOUS NATURE OF COVID-19 AND VOLUNTARILY ASSUME THE RISK THAT I MAY BE EXPOSED TO OR INFECTED BY COVID-19 WHILE ON THE PROPERTY, INCLUDING ANY AND ALL RISK OF INJURY, DEATH, OR PROPERTY DAMAGE THAT MAY RESULT THEREFROM.
2. Release and Waiver of Liability. I, on behalf of my heirs, assigns, spouse, partner, personal representatives and next of kin, hereby waive, release, covenant not to sue, discharge, and hold harmless Charlson Meadows and its officers, directors, trustees, employees, agents and representatives, and their successors and assigns (collectively, “Releasees”), of and from any suits, liabilities, claims, actions, loss, damages, costs or expenses of any kind arising out of or relating to my being exposed to or infected by COVID-19 while on the Property. I understand and agree that this release includes any Claims based on the negligent acts or omissions of Charlson Meadows or any other Releasee.
3. Indemnification._ I agree to indemnify, defend and hold harmless Charlson Meadows and all other Releasees from any loss, liability, cost, claim and/or damages of whatever kind, including reasonable attorney fees, that they or any of them incur or sustain as a result of my violation of this agreement. I further agree to defend and indemnify Charlson Meadows and all other Releasees from and against any claim brought by a third-party arising out of or relating to my being exposed to or infected by COVID-19, including my exposing or infecting others to or with COVID-19 while on the Property.
4. Miscellaneous Provisions. If any term or provision of this Agreement is deemed invalid, illegal, or unenforceable, all other parts will be given full force and affect. All matters arising out of or relating to this Agreement or my use and enjoyment of the Property will be governed by the laws of the State of Minnesota, and exclusive jurisdiction thereof will be in the district court residing in and for Carver County, Minnesota.
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AGREE THAT THE OPPORTUNITY TO ENTER UPOON AND ENJOY THE PROPERTY AT THE STATED COST IN RETURN FOR THE EXECUTION OF THIS RELEASE IS A REASONABLE BARGAIN. I AM AWARE THAT BY SIGNING THIS AGREEMENT, I WAIVE CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE THE RELEASEES.