Release and Waiver
By purchasing a ticket for or attending the Magic of Lights® Drive-Through Holiday Lights Display and associated activities at Viking Lakes in Eagan, Minnesota (the “Event”), User is deemed to have read, understood, and agreed to be bound by terms and conditions set forth herein. User acknowledges that but for his/her acceptance of the terms and conditions, admission to the Event is prohibited.
The following terms shall have the meaning(s) set forth below:
- – “User” means the person purchasing a ticket for or attending the Event and anyone who has or obtains legal rights from or through that person.
- – “Released Parties” or “Released Party” means, as applicable: (i) FunGuys, LLC; MV Ventures Management, LLC; MV Ventures Properties, LLC; MVE Residential, LLC; MVE Residential II, LLC; MVE Hotel, LLC; MV/TCO Ventures, LLC; Viking Lakes (SMC Building) Condominium Association; Eagan V Land, LLC; M Land, LLC; Sheldon Road Associates, L.L.C.; Minnesota Vikings Football, LLC; and each of their respective parents, subsidiaries, affiliated and related companies, officers, directors, manages, owners, members, shareholders, partners, employees, personnel, agents, contractors, vendors, tenants, lessees, licensees, sponsors, insurers, lenders, successors and assigns.
Assumption of Risk: User hereby assumes all risks associated with the Event, including, without limitation, any risks that may arise from negligence on the part of any Released Party, or from the dangerous or defective real or personal property owned, maintained, or controlled by any Released Party. User is aware of, understands, and acknowledges that the Released Parties are not responsible for the acts, errors, or omissions of any party or entity conducting a specific activity on their behalf. User acknowledges that any injuries User sustains may result from or be compounded by the acts, errors, or omissions of a Released Party, including negligent emergency response or rescue operations. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, vehicular traffic, and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the Event. Notwithstanding the risk, User acknowledges that User is voluntarily attending the Event with knowledge of the danger involved and hereby agrees to accept and assume any and all risks of injury, disability, death, and/or property damage, arising from User’s attendance, whether caused by the negligence of any Released Party or otherwise.
Release of Claims and Indemnification: In consideration for attendance of the Event, User, on behalf of himself or herself, on behalf of User’s executors, administrators, heirs, next of kin, successors, and assigns, and on behalf anyone attending the Event with User (which persons User represents have authorized User to act on their behalf for purposes of the release herein), and other persons acting or purporting to act on such parties’ behalf, knowingly and voluntarily agrees as follows:
- – USER WAIVES, RELEASES, AND DISCHARGES any and all claims, now known or hereafter known, against the Released Parties arising out of or attributable to the Event, whether arising out of the negligence or any act or omission of any Released Party or otherwise, including, but not limited to claims for death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to User including during User traveling to and from the Event. User covenants not to make or bring any such claim against any Released Party and forever releases and discharges the Released Parties from any and all liability for such claims.
- – USER SHALL DEFEND, INDEMNIFY, HOLD HARMLESS the Released Parties from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, the costs of enforcing any right to indemnification, and the cost of pursuing any insurance providers arising out of or resulting from any claim of a third party related to User’s attendance of this Event, whether arising out of User’s own negligence or the negligence or any act or omission of any Released Party.
Consent to Medical Treatment: User hereby consents to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness. User understands and agrees that User is solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. User hereby releases, forever discharges, and holds harmless the Released Parties from any claim based on such treatment, transportation, or other medical services.
Construction: The foregoing terms and conditions shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. If any term or provision herein is deemed invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision or invalidate or render unenforceable such term or provision in any other jurisdiction. User acknowledges and agrees that the Released Parties are intended third-party beneficiaries. All matters arising out of or relating to these terms and conditions shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to the conflict of law provisions of any jurisdiction. Any claim or cause of action arising under these terms and conditions may be brought only in the state courts located in Dakota County, Minnesota, and User hereby consents to the exclusive jurisdiction of and venue in such courts.
