Waiver, Release of Liability
I agree to waive any and all claims and to release TrekNorth from any and all liability for any loss, damage, expense or injury, including death, that I or my next of kin may suffer as a result of fishing and archery which Releasees (TrekNorth), due to any cause whatsoever, including negligence, gross negligence, breach of contract or breach of any statutory or other duty of care on the part of the Releasees (TrekNorth). I understand that the foregoing release covers failure on the part of the Releasees (TrekNorth) to take reasonable steps to safeguard or protect me from or warn me of the risks, dangers and hazards of archery and fishing. I also realize that Releasees (TrekNorth) may not have wilderness first aid and CPR training or that Releasees’(TrekNorth) first aid and CPR training might have expired; that Releasees (TrekNorth) are not trained as medical doctors, nurses, or emergency medical technicians; that all Releasees (TrekNorth) may be able to do in case of an accident is attempt to call the appropriate medical personnel; and that Releasees (TrekNorth) have no control over how long it will take for the medical personnel to arrive at the scene of an accident.
I acknowledge that the decision to attempt any archery and or fishing while participating with Releasees, was made entirely by me, without coercion or influence by Releasees (TrekNorth), and with a full understanding and awareness of the risks to me associated with such activities related to archery and fishing. I waive any right to a jury trial for any claims arising from or related to any services provided by Releasees (TrekNorth), and I acknowledge that claims shall be submitted to binding arbitration under the commercial arbitration rules and that the agreement shall be governed by and interpreted under the laws of the state of Minnesota. I acknowledge and agree that should any part of the Agreement be determined to be void or unenforceable by a court of law, the remainder of the waiver will remain binding on the parties.
I represent and warrant that I am in good health and have no medical conditions or disabilities that restrict or impede my ability to participate in archery and fishing. I acknowledge that I have all necessary medications or aids that I might require in the event of a known medical issue (such as allergy medications, epi-pens, etc.). I acknowledge that I’m not relying on Releasees (TrekNorth) for medications; and I am not relying on Releasees (TrekNorth) to provide first-aid or any other medical treatment, and I waive any claim against Releasees (TrekNorth) to provide medical treatment or care of any kind during archery and fishing. I agree that the Releasees are authorized to obtain medical care for me or to arrange for transportation to a medical facility or hospital if, in the opinion of Releasees, medical attention is needed. I further agree that upon arrival at the medical facility or hospital, Releasees shall have no further responsibility to me. I agree to pay all costs associated with such medical care and related transportation and to indemnify and hold harmless Releasees (TrekNorth) from any costs or claims arising from such medical care and related transportation. I have, and agree to maintain, valid and sufficient medical and accident insurance that will cover any harm or injuries I suffer while part of archery and fishing. I understand that this is my sole responsibility and release the Releasees (TrekNorth) from any claim or responsibility for not providing such coverage, or any failure to obtain and maintain such coverage.
I further agree to defend, indemnify and hold harmless Releasees (TrekNorth) from any and all claims brought by third parties which arise in whole or in part from archery and fishing with Releasees (TrekNorth).