Zumbro WC

Release and Waiver of Liability (School District’s Premises Use)
ZUMBROTA-MAZEPPA PUBLIC SCHOOLS,
INDEPENDENT SCHOOL DISTRICT NO. 2805
PARTICIPANT RELEASE AND WAIVER OF LIABILITY
FACILITY USE BY STUDENTS
**READ CAREFULLY BEFORE SIGNING**
I, ___________________ (name of parent/guardian, or student if 18 years or older), am the parent/guardian of __________________ (name of student, hereinafter, “Child” or Student”), a Participant of ________________________ (organization renting space) (“User”). I understand that the Zumbrota-Mazeppa Public Schools (“School District”) is offering Participants the opportunity to utilize the School District’s School District’s premises and facilities, including parking areas, and/or use of the School District’s equipment, (hereinafter, “School District’s Premises”) as defined by the executed Facility Use Agreement between the School District and User. IN CONSIDERATION FOR THE SCHOOL DISTRICT PERMITTING MY CHILD TO UTILIZE THE SCHOOL DISTRICT’S PREMISES DURING DESIGNATED HOURS, I HEREBY ACKNOWLEDGE AND AGREE TO THE FOLLOWING:
VOLUNTARY PARTICIPATION. I understand that the use of the School District’s Premises is completely voluntary and is offered merely as a recreational opportunity for students. I understand and acknowledge that the School District has the sole authority to determine whether and when such times will be designated.
INFORMED CONSENT. I have been informed of and I understand the various aspects of the use of the School District’s Premises in which my student will participate. I recognize and understand that activities that take place within the School District’s Premises have inherent risks, including the risk of physical injury. I understand and am aware that certain risks and dangers may arise, including but not limited to, risks associated with physical activity that take place in or on the School District’s Premises.
I also understand that all of the risks described above will exist even with careful planning and adequate supervision. Knowing the inherent risks and dangers involved, I hereby grant permission for my Child to use the School District’s Premises during the School District’s designated hours.
MY CHILD AND I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS OF INJURY, ILLNESS, AND PROPERTY DAMAGE OR LOSS, BOTH KNOWN AND UNKNOWN, THAT MAY RESULT FROM MY CHILD’S USE OF THE SCHOOL DISTRICT’S PREMISES, AND I ASSUME FULL RESPONSIBILITY FOR MY CHILD’S PARTICIPATION.
RELEASE AND WAIVER OF LIABILITY. In consideration for the School District permitting my child to utilize the School District’s Premises during the School District’s designated hours, on behalf of my Child, my personal representatives, heirs, executors, administrators, agents, and assigns, I HEREBY VOLUNTARILY FOREVER RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the School District, its trustees, officers, directors, employees, agents, representatives, volunteers, insurers, and attorneys, (“the Released Parties”), jointly and severally, from any and all liability, including any and all claims, demands, injuries, damages, causes of action, suits, or judgments of any and every kind (including attorneys’ fees and punitive damages), arising from any injury, property damage or death that my Child may suffer as a result of my Child’s use of the School District’s Premises, and participation in activities within the School District’s Premises, including but not limited to all claims based on the actions or inactions of any of the Released Parties, including any alleged negligent acts or omissions by any of the Released Parties, the condition(s) of the School District’s Premises, and claims arising from any of the above-assumed risks, whether known or unknown, and
Release and Waiver of Liability (School District’s Premises Use) whether asserted or unasserted, REGARDLESS OF WHETHER THE INJURY, DAMAGE, OR DEATH IS CAUSED BY THE RELEASED PARTIES, UNLESS THE INJURY, DAMAGE, OR DEATH IS CAUSED BY ANY OF THE RELEASED PARTIES’ GROSS NEGLIGENCE OR INTENTIONAL ACTS.
CERTIFICATION OF FITNESS TO PARTICIPATE. I attest that my Child is physically and mentally fit to utilize the School District’s Premises and that my Child does not have any medical record or history that could be aggravated by my Child’s use of the School District’s Premises.
RULES AND REQUIREMENTS. I understand and agree that my Child will abide by all applicable rules and regulations of the School District and its employees, representatives, and designees. I understand that noncompliance may result in my Child’s suspension or expulsion of the use of the School District’s Premises.
CHOICE OF LAW. I hereby agree that this Agreement shall be construed in accordance with the laws of the State of Minnesota, regardless of any change in my residence or domicile or that of my Child. I understand that I may seek legal counsel of my own choosing to fully explain the terms of this Agreement to me before I sign it. I hereby agree that the state and federal courts having jurisdiction over Minnesota will appropriate forum for any disputes arising out of this Agreement.
SEVERABILITY. I expressly agree that this Release and Waiver of Liability is intended to be as broad and inclusive as is permitted by the law of the State of Minnesota. If any term or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law governing this Agreement the validity of the remaining portions shall not be affected thereby. To the extent any provision contained herein shall be found to be unenforceable, it shall be modified to the least extent necessary in order to render it enforceable/valid.
I HAVE READ THIS RELEASE AGREEMENT CAREFULLY, I FULLY UNDERSTAND ITS TERMS, AND I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO BRING LEGAL ACTION OR ASSERT A CLAIM AGAINST THE SCHOOL DISTRICT AND ITS TRUSTEES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, VOLUNTEERS, AND ALL RELATED ORGANIZATIONS. BY SIGNING BELOW, I KNOWINGLY AND VOLUNTARILY ACCEPT THE TERMS AND CONDITIONS STATED ABOVE.