ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY


IN CONSIDERATION for being permitted to participate in any events held by the Walleye Alliance, Inc. (hereinafter referred to as “WA”) and/or for my child, if applicable, listed above to participate, use equipment or act as a spectator during any program affiliated with WA, the undersigned, on behalf of himself or herself and such participating children (hereinafter referred to as "the undersigned") hereby acknowledges, agrees and represents that he or she has carefully considered WA’s events and finds and accepts them as being safe and reasonably suited for use or participation. In further consideration of being permitted to participate in WA’s events, THE UNDERSIGNED HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE WA or any of their respective members, officials, directors, officers, employees, volunteers, agents, or any of the fellow participants or their family members or guests from all liability, loss, damage, claim or demand related to property damage or any injury, illness or death of the undersigned, from the undersigned or such participating children) whether caused by the negligence, active or passive, of WA or otherwise while the undersigned or such participating children are using the equipment or participating in any event affiliated with WA. Nothing in this agreement should be construed as releasing, discharging, or waiving any claims the undersigned may have for conduct that constitutes greater than ordinary negligence. THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS WA and any of its members, officials, directors, officers, employees, volunteers and agents, from any loss, liability, damages or costs they may incur, whether caused by WA’s negligence, active or passive, or otherwise while the undersigned or any participating child is participating in any event of WA or using any equipment affiliated with WA. The undersigned understands and agrees that WA is not required to provide insurance to cover the undersigned or such participating children in the event they suffer illness, injury, death, property loss, theft or damage of any sort. The undersigned agrees and acknowledges that use of WA equipment and participation in WA events may involve inherent danger and risk, including, without limitation, the risk of physical illness or injury, death, or property damage. THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR, AND RISK OF ILLNESS, BODILY INJURY, DEATH OR PROPERTY DAMAGE to the undersigned or such participating children due to negligence, active or passive, or otherwise while using the equipment and/or while participating in or observing any event affiliated with WA. THE UNDERSIGNED further expressly agrees that this agreement is permitted by the laws of Minnesota and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT I AM GIVING UP LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM WA IN CASE OF ILLNESS, INJURY, DEATH OR PROPERTY LOSS OR DAMAGE, ANY ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS. IF SIGNING ON BEHALF OF MINORS: This is to certify that I understand that this agreement is made on behalf of my minor child(ren) and/or legal ward(s). I represent and warrant to WA that I have full authority to sign this agreement on behalf of such minor(s). As a parent/guardian with legal responsibility for this participant, I have read and explained the provisions in this agreement to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rule. My child/ward understands and accepts these risks and responsibilities and I, my spouse, and child/ward have read and understand the terms of this agreement and agree to its terms.