UP NORTH OUTDOORS, Inc.
RELEASE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
In consideration of participating in hunting activities, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence UP NORTH OUTDOORS, Inc. and its owners, ALL LANDOWNERS, LEASE HOLDERS, directors, officers, employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as “the parties being released” or “Releasees’” ), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows:
1. I acknowledge that hunting activities (hereinafter “activity”) involve known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death, and/or property damage. Despite the potential risks and hazards associated with my activities on the property, I wish to proceed, and freely accept and assume all risks and hazards that may arise from the activity.
2. I expressly accept and assume all the risks inherent in this activity or that might have been caused by the negligence of the Releasees’. My participation in this activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees’ from my and all claims, demands, or causes of action, arising from Releasee’s negligence which are in any way connected with my participation in this activity, or my use of their equipment or facilities. This release does not apply to claims arising from intentional conduct. Should Releasees’ or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
4. I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in this activity, or else I agree to hear the costs of such injury or damage myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume-and bear the costs of- all risks that may be created, directly or indirectly, by any such condition.
5. In the event that I file a lawsuit, I agree to do so solely in the state where Releasees’ facility is located, and I further agree that the substantive law of that state shall apply.
6. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
7. I grant to Up North Outdoors, Inc. the irrevocable, perpetual and worldwide right to use my name, physical likeness and voice in any photographs, videos, films or advertisements, including for the purpose of advertisement. This right extends to any and all uses of my name and physical likeness in promotions or for other lawful trade purposes. I release Up North Outdoors, Inc. of any and all claims, demands and causes of action, including but not limited to defamation or my rights of publicity or privacy, in the use by Up North Outdoors, Inc. of my name or physical likeness.
By Signing this document, I agree that if I am hurt or my property is damaged during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.
I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release, and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain. I have read and understand this document and I agree to be bound by its terms.