ASSUMPTION OF RISKS, RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AND HOLD HARMLESS AGREEMENT, TRAIL REGULATIONS and RELEASE FORM

DEFINITIONS

0. The term "Destination H3" shall include but is not limited to Destination Hash House Harriers, Trail organizers ("Hare" or "Hares"), event organizers, volunteers, sponsors, and any associated personnel or entities.

1. The term “Trail” shall include all activities, events or services provided, arranged, organized, or conducted by Destination H3 and shall include, but is not limited to participating in gatherings immediately before and after running, hiking and/or walking, participating in running, hiking and/or walking, which may take place on roads, paths, or other uneven or unpredictable terrain.

ASSUMPTION OF RISKS

2. I am aware that participation in Trail involves inherent risks, dangers and hazards and I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREIN.

RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AND HOLD HARMLESS AGREEMENT

3. In consideration of Destination H3 agreeing to my participation in Trail, I HEREBY AGREE AS FOLLOWS:

(a) TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against Destination H3 and TO RELEASE Destination H3 from any and all liability for any loss, damage, injury including death, or expense that I may suffer, or that my next of kin may suffer, either directly or in directly as a result of my participation in Trail, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF DESTINATION H3, AND FURTHER INCLUDING THE FAILURE ON THE PART OF DESTINATION H3 TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN TRAIL.

(b) TO HOLD HARMLESS AND INDEMNIFY Destination H3 for any claims or demands resulting from any property damage or personal injury to any third party, which might be made against Destination H3 resulting from my participation in Trail. I also agree to INDEMNIFY AND HOLD HARMLESS the Hash’s Founders’ and Organizers and their representatives from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my participation in Trail.

(c) That this agreement shall be effective and binding upon my heirs, next of kin, administrators, assigns and representatives, in the event of my death or incapacity.

(d) That this agreement shall be governed and interpreted in accordance with the laws of the State of Minnesota and any disputes or litigation arising from this agreement or my participation in Trail shall be subject to the jurisdiction of the courts in the State of Minnesota.

(e) In entering into this agreement, I am not relying on any oral or written representations or statements made by Destination H3 with respect to the safety of Trail, other than what is set forth in this agreement.

(f) In entering into this agreement, I certify that I have not been advised by any medical professional to avoid participation in activities like those that may and do occur at Trail. I am not aware of any medical condition that would prevent my safe participation in Trail.

I HAVE READ AND UNDERSTAND THIS AGREEMENT. BY REGOING, I ACKNOWLEDGE THAT I AM AGREEING TO THE FOLLOWING:

(i) THAT I AM ASSUMING ALL RISK OF INJURY, LOSS OR DAMAGE WITH RESPECT TO DESTINATION H3 AND TRAIL;

(ii) THAT I AM WAIVING ANY AND ALL CLAIMS ARISING FROM ANY CAUSE WHATSOEVER AGAINST DESTINATION H3, ON BEHALF OF MYSELF AND MY HEIRS, SUCCESSORS AND ASSIGNS; AND

(iii) THAT I WILL INDEMNIFY DESTINATION H3 IF ANY SUCH CLAIMS ARE BROUGHT AGAINST THEM.

RELEASE FORM

I hereby RELEASE, WAIVE and FOREVER DISCHARGE any and all claims arising out of, or in connection with, such use by Destination H3 and its agents, including without limitation any and all claims for libel or invasion of privacy.

I hereby warrant and represent that I am at least 18 years of age and have the right to contract in my own name. I have read the above Release and am fully familiar with the contents thereof. This Release contains the entire agreement between the parties hereto as to the subject matter contained herein.

I have read this RELEASE FORM, fully understanding its terms.

SEVERABILITY

4. I further expressly agree that the foregoing, ASSUMPTION OF RISKS, RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AND HOLD HARMLESS AGREEMENT, and RELEASE FORM are intended to be as broad and inclusive as is permitted by the law of the State of Minnesota and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.