READ CAREFULLY— THIS AFFECTS YOUR LEGAL RIGHTS

 

In exchange for participation in the activity of Swimming Lessons organized by ShoreUp Community, LLC, of 4510 148th Ln NW, Andover, MN, 55304 and/or use of the property, facilities, third party facilities, and services of ShoreUp Community, LLC, I agree for myself and (if applicable) for the members of my family, to the following:

 

1. CONSENT.  I, __________________________of_______________________________________________. Consent to the participation of my child(ren), ________________________________________________,

in the activity of Water Movement Swim Camp, and agree on behalf of the above minor to all of the terms and conditions of this Agreement.  By signing this Release of Liability, I represent that I have legal authority over and custody of the above named child/children.

1. MEDICAL AUTHORIZATION.  In the event of an injury to the above minor during the above described activities, I give my permission to ShoreUp Community, LLC, or to the employees, representatives or agents of ShoreUp Community, LLC to arrange for all necessary medical treatment for which I shall be financially responsible.  This temporary authority will begin on July 19, 2021 and will remain in effect until terminated in writing by the undersigned or September 19, 2021, whichever occurs first.  ShoreUp Community, LLC shall have the following powers:  

   1. The power to seek appropriate medical treatment or attention on behalf of my child as may be required by the circumstances, including without limitation, that of a licensed medical physician and/or a hospital;

   2. The power to authorize medical treatment or medical procedures in an emergency situation; and

   3. The power to make appropriate decisions regarding clothing, bodily nourishment and shelter.

2. EMERGENCY CONTACT.  In case of an emergency, please call ___________________  , ________________________, at _________________________.

3. AGREEMENT TO FOLLOW DIRECTIONS.  I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by ShoreUp Community, LLC, or the employees, representatives or agents of ShoreUp Community, LLC.

4. ASSUMPTION OF THE RISKS AND RELEASE.  I recognize that there are certain inherent risks associated with the above described activity, including physical injury, drowning, and death, and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge, ShoreUp Community, LLC for injury, loss or damage arising out of my or my family’s use of or presence upon the facilities of ShoreUp Community, LLC and surrounding third parties, whether caused by the fault of myself, my family, ShoreUp Community, LLC or any other third parties.

5. INDEMNIFICATION.  I agree to indemnify and defend ShoreUp Community, LLC against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of ShoreUp Community, LLC.

6. FEES.  I agree to pay for all damages to the facilities of ShoreUp Community, LLC caused by any negligent, reckless, or willful actions by me or my family.

7. APPLICABLE LAW.  Any legal or equitable claim that may arise from participation in the ab one shall be resolved under Minnesota law.

8. NO DURESS.  I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given reasonable opportunity to review it before signing.  I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire.  I further agree and acknowledge that ShoreUp Community, LLC has offered to refund any fees I have paid to facilities if I choose not to sign this Agreement.

9. ARM’S LENGTH AGREEMENT.  This Agreement and each of its terms are the product of an arm’s length negotiation between Parties.  In the event any ambiguity is found to exist int he interpretation of this Agreement, orang of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction of either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

10. ENFORCEABILITY.  The invalidity or un-enforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this agreement.

11. DISPUTE RESOLUTION.  The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties.  IF the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. 

    1. Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of medication.  If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association.  The arbitrator’s award will be final, and judgement may be entered upon it by any court having proper jurisdiction.

 

I HAVE READ THIS DOCUMENT AND UNDERSTAND IT.  I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.

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