Ski North Ultra Waiver

ASSUMPTION OF RISK, RELEASE OF LIABILITY AND PHOTOGRAPHY RELEASE. READ BEFORE SIGNING.

I understand that cross country skiing as well as participation in events (hereinafter collectively referred to as "Activities"), involve many RISKS, DANGERS and HAZARDS.  These risks, dangers and hazards include, but are not limited to, changing weather, variations in steepness or terrain, natural and man-made obstacles and structures, falling through or on ice, equipment failure, collisions with objects or structures, being struck by competitors or equipment, coming in contact with one or more persons infected with the novel coronavirus, SARS-CoV-2, contracting a communicable disease, including the potentially life-threatening COVID-19, and exceeding one's own abilities.  

I further understand that competition may be more hazardous than recreational activity.  I understand that INJURIES OF ALL TYPES ARE A COMMON AND ORDINARY OCCURRENCE of the Activities.  I know that the risk of SEVERE INJURY and even DEATH exists in the training and competition for the Activities.  I also know that the supervision and enforcement of rules by the Ski North Ultra organizers and volunteers do not and cannot guarantee my safety. I understand and accept the risks involved in this activity and am voluntarily participating in the Ski North Ultra event.

In addition, the undersigned acknowledges that SARS-CoV-2 infections have been confirmed throughout the United States, including numerous cases in Minnesota and Wisconsin. In accordance with the most recent guidance and protocols issued by the World Health Organization (WHO), the Centers for Disease Control and Prevention (CDC), the Minnesota Department of Health (MDH), for slowing the transmission of SARS-CoV-2 and the COVID-19 disease, the undersigned hereby agrees to follow current CDC guidelines in the case of symptoms or a positive case of COVID-19. The Ski North Ultra organizers cannot guarantee the cooperation of all participants and volunteers.

With full knowledge and understanding of the RISK OF SEVERE INJURY AND DEATH involved in competition, I FREELY AND VOLUNTARILY ACCEPT AND FULLY ASSUME THE RISK THAT I MAY SUFFER TEMPORARY, PERMANENT OR EVEN FATAL INJURIES, even if I follow the instructions or advice of the Foundation.

In partial consideration of the acceptance of my registration for Activities and/or competition, and in spite of the risk of severe or permanent injury, or even death, the undersigned (hereinafter "Participant") agrees to comply with and be bound by the following terms.

   1.     Participant hereby unconditionally WAIVES AND RELEASES ANY AND ALL CLAIMS, AND AGREES TO HOLD HARMLESS, DEFEND AND INDEMNIFY Ski North Ultra, FolkFit, Norpine Trail Association, the National Forest Service, Cascade River State Park, Bally Creek Trails, volunteers, and others involved in the promotion and execution of the event (together, “Organizers” or “The Organizers”) FROM ANY CLAIMS, present or future, known or unknown, to Participant or his/her property, or to any other person or property, for any loss, damage, expense, or injury (including DEATH), including any transportation to or from the site of the Activity, suffered by any person from or in connection with Participant’s participation in any Activities in which The Organizers are involved in any way, due to any cause whatsoever, INCLUDING NEGLIGENCE and/or breach of express or implied warranty on the part of the Organizers.  Participants agree not to sue or make a claim against any of the Organizers for any loss, harm, injury or death that may occur during or after the Activity.  I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Organizers against any and all claims for my own negligence and any other claim arising from my acts or failure to act during the Activities.  I further agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.

   2.     Participant authorizes The Foundation to obtain medical care for, or transport him/her to a medical facility or hospital if, in the opinion of Organizers, medical attention is required and the Participant is unable to make such decisions for himself/herself.  Participant agrees to pay all costs associated with such medical care and related transportation and shall DEFEND, INDEMNIFY AND HOLD HARMLESS Organizers of and from the consequences of such decision and from any such costs incurred relating to the provision of medical care.

   3.     Participants agree never to utilize any course for competition without first conducting his/her own thorough visual inspection and based on their own understanding of the terrain, conditions and their own athletic ability. Participant agrees to follow the rules and directions provided to Participant by the Organizers of the Activities.

  4.     This Agreement shall be construed in accordance with, and governed by the substantive laws of, the State of Minnesota, without reference to principles governing choice or conflicts of laws.  In addition, Participant agrees that all lawsuits for personal injury or related loss against the Organizers must be maintained in state courts sitting in Cook County, Minnesota or federal district courts sitting in the District of Minnesota and Participant consents and agrees that jurisdiction and venue for such proceedings shall lie exclusively with such courts.  In the event any portion of this release is found to be unenforceable, the remaining terms shall be fully enforceable.

   6.     Participant agrees to allow the Organizers to use his/her photograph for any and all promotional purposes.

   HAVING CAREFULLY READ AND UNDERSTOOD THE FOREGOING AND UNDERSTANDING IT TO BE A LEGALLY BINDING RELEASE AND INDEMNITY AGREEMENT, PARTICIPANT SIGNIFIES HER/HIS ASSENT TO THE ABOVE TERMS BY SIGNING BELOW.

   7. This event follows the standard skiing industry policy: All entry fees are non-refundable. We reserve the right to postpone or cancel the event due to circumstances beyond our control such as unsafe weather conditions, lack of snow, a natural disaster or emergency or as required to protect the safety of participants and staff. No refunds will be issued under these circumstances. We reserve the right to change the details of the event without prior notice. I understand that my entry fee is nonrefundable and bib numbers are non transferable.

I have read and understand the content of this waiver.