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 being allowed to enter upon and use and enjoy the Property, the undersigned agrees as follows:
1. Assumption of Risk. I understand and accept that participating in various activities upon the Property, including, without limitation, hiking, kayaking, canoeing, riding a bicycle, driving a golf cart, and swimming, involve many inherent risks, dangers and hazards that may cause serious personal injury or death and/or damage to property, and that injuries from such activities are a common and ordinary occurrence. Such risks and dangers include, but are not limited to, drowning, tripping, changes in terrain, natural hazards such as roots, holes, rocks, and wild animals, exertion, exposure, and weather-related conditions, including rain, mud, ice, snow and wind. I ACKNOWLEDGE THAT I AM VOLUNTARILY ENTERING UPON THE PROPERTY AND PARTICIPATING IN ACTIVITIES THEREUPON WITH KNOWLEDGE OF THE RISKS, DANGERS AND HAZARDS INVOLVED, AND HEREBY EXPRESSLY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISK OF INJURY, DEATH, OR PROPERTY DAMAGE THAT MAY RESULT THEREFROM.
2. Release and Waiver of Liability. I hereby release and discharge from liability, waive all claims against, and covenant not to sue Charlson Meadows and its officers, directors, trustees, employees, agents and representatives, and their successors and assigns (collectively, “Releasees”) for any injuries, including personal injury or property damage, sustained by me in connection to the conditions of the Property or my participation in activities thereupon, which result from or arise out of the negligent acts or omissions of Charlson Meadows or any other Releasee.
3. Indemnification. I hereby agree to defend, indemnify, and hold harmless Charlson Meadows and all other Releasees from and against any and all losses, damages, liabilities, or expenses 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 from and against any claim brought by a third-party arising out of or relating to my use of 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.