By participating in the tournament you agree to the terms in this document.
MOOSE HOCKEY TOURNAMENT Acknowledgments, Agreements, Releases, and Waivers
If any part of this agreement should be deemed unenforceable, that portion of the agreement is severable, and the remaining provisions shall remain in full effect.
CAUTION: Please read this agreement carefully. By agreeing to this agreement online, you are voluntarily giving up valuable legal rights to sue Brandon Hofer AND Volunteers AND Midwest Rett Syndrome Foundation (“Tournament Organizers”) for any personal injuries or death you may suffer as a result of the training, equipment or supervision provided in connection with participation in the Moose Hockey Tournament (“Tournament”), on or off the ice, including but not limited to hard falls, collisions, and hits from hockey sticks or pucks, or other participants (“Activity”).
I know that playing hockey is potentially hazardous activity. I understand that unforeseen dangers may occur during the Tournament or related Activity and that I am participating with caution and take full responsibility to take proper action to avoid these unforeseen obstacles and dangers. I understand that risks associated with playing hockey and participating in this Tournament include, but are not limited to, falls, contact with other participants, and the effects of the condition of the ice. I understand that no amount of care, caution, instruction, or expertise can eliminate these risks. I understand the scope, nature, and extent of the risks involved and voluntarily and freely choose to assume any and all such risks. I recognize that the equipment I choose to wear during the Tournament may increase my risk of injury. Knowing these facts, I wish to participate, and in consideration of your acceptance of my entry fee, I knowingly assume the associated risks.
Fitness to Participate
By participating in this Tournament and related Activity, I agree that I am medically able and properly trained. I warrant that I am in the physical condition necessary to participate and have not been instructed not to do so by a health care professional.
Moose Hockey Tournament Release of Liability for Negligence & Waiver
Purpose and Scope of Agreement: This agreement releases, discharges, and waives all NEGLIGENCE claims by you or on your behalf, and is your agreement to assume all risks of injury, disability, or death due to negligence. This waiver should be interpreted broadly, to the fullest extent allowable by the laws of the State of Minnesota. I hereby, for myself, my spouse/partner, my heirs, executors, administrators, or anyone else who might claim on my behalf, assume all risks of injury, disability, or death and covenant not to sue, and waive, release, and discharge the Tournament Organizers and any organization associated with the Tournament, including volunteers, and any and all sponsors, and the directors, officers, agents, employees, volunteers, assignees, or anyone acting on their behalf, from any and all negligence claims or causes of action (known or unknown, foreseen or unforeseen) for death, personal injury, or property damage of any kind or nature including those arising out of their negligence, omission, or carelessness in the course of my participation in this Tournament and all other events and activities associated with this Tournament.
COVENANT NOT TO SUE. I agree for myself and my heirs, executors, administrators, and assigns not to institute any suit or action at law, or otherwise, against the Tournament Organizers, nor to initiate or assist the prosecution of any claim for damages, or cause of action which I, my heirs, executors, administrators, or assigns may have by reason of injury to myself or my property arising from the Activity or any related activities.
INDEMNITY & LEGAL PROCEEDINGS. I agree for myself and my heirs, executors, administrators, and assigns to indemnify and hold harmless the Tournament Organizers from any and all losses, liabilities, claims, expenses, actions, or proceedings of any kind which may be initiated by myself or any other person or organization. This includes and entitles the Tournament Organizers to recover reimbursement for all reasonable legal court costs, attorney’s fees, and related expenses incurred by the Tournament Organizers and other indemnified parties for the defense of any such legal actions or appeal thereof, which may arise directly or indirectly from the Activity or any related activities.
LAW. This document shall be governed by the laws of Minnesota, and the courts of Hennepin County shall be the exclusive venue for any proceeding relating to this Agreement. If any provision of this Release shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the court may reform such provisions to make the provisions enforceable or, if such provisions are not reformed, then the remaining provisions shall remain in full force and effect. I am responsible for the safety and security of my personal property that I bring onto the Premises.
I testify that I am physically fit, and I am not under the influence of drugs, alcohol, or medication of any kind. I hereby expressly recognize that this agreement is a contract pursuant to which I have released any and all claims against the Tournament Organizers, their employees, agents, volunteers, and the owners of the Premises, resulting from my participation in the Activity or any related activities, including any claims caused by the negligence of the Tournament Organizers.
I HAVE READ THIS AGREEMENT CAREFULLY AND FULLY UNDERSTAND ITS CONTENT AND SIGN IT VOLUNTARILY OF MY OWN FREE WILL. I FURTHER CERTIFY THAT I AM 18 YEARS OF AGE OR OLDER.