LIABILITY WAIVER & RELEASE. THIS AGREEMENT CONSTITUTES AN EXPRESS CONTRACTUAL ASSUMPTION OF ALL RISKS, WAIVER, AND RELEASE FROM ALL LIABILITY FOR ANY NEGLIGENCE AND INDEMNITY FOR ALL THIRD-PARTY CLAIMS. I know that skateboarding, in-line skating, BMX bike riding, all other sports, helping with facility & ramp maintenance & construction, and observing, are inherently dangerous sports and activities in which I voluntarily choose to participate and observe and do so at my own risk. I am aware that the usual dangers, hazards, and risks of death, disability, personal injury, and/or property damage and loss (collectively referred to throughout this Agreement as the, “Damages”), necessarily increase when using bowls, curbs, half pipes, inclines or declines, ramps, steps, or any other structure or device. I know that the hazards and risks include, but are not limited to: colliding with other users, staff, and spectators; concussions and other head injuries; broken bones; falling; hard landings; muscle strains and tears; and/or collisions with uncontrolled bikes and boards. I also understand that these dangers, hazards, and risks are further increased when other users, whether or not of the same level of experience or skill, and spectators are present at the same time and using the same Facility facilities. (All of the above-deﬁned activities are collectively referred to throughout this Agreement as the “Hazardous Activities.”). By this Agreement, it is my intention to relieve Twin Cities Fantasy Factory, LLC, its ofﬁcers, agents, employees, afﬁliates, lessor(s), volunteers, sponsors, vendors, or exhibitors, or any other person, company, or entity in any way associated with Twin Cities Fantasy Factory, LLC (hereinafter collectively referred to throughout this Agreement as “TCFF”) of any duty to me, and I do assume the entire risk of any of the Damages, speciﬁed or otherwise, that might occur during, or as a result of, my use of, or presence at, the Facility. By this Agreement, I do also intend to release TCFF from any and all liability for any negligence, with the exception of gross negligence or willful misconduct, by TCFF, and to relinquish and waive any claim or cause of action against TCFF for any claim, death, damage, disability, loss, personal injury, medical and/or any other type of or property damage, expense, or loss caused by any active or passive negligence of TCFF, with the exception of gross negligence or willful misconduct, and promise not to sue or exercise any other legal right to seek damages from TCFF. In consideration of utilizing the TCFF Facility, I agree as follows: As to my participation in any activity, including, but not limited to, the Hazardous Activities, and as to any and all liability for any Damages which I may suffer or incur due to any cause whatsoever, with the exception of gross negligence or willful misconduct by TCFF, while in the interior or exterior of the premises of the TCFF Facility, I hereby agree: To waive any and all claims for any Damages that I may have against TCFF; To release and discharge TCFF from any and all liability for any Damages that I may suffer or incur as a result of my participation in any activity, including, but not limited to, Hazardous Activities while at the TCFF Facility. To indemnify, defend (at your sole expense), and hold harmless TCFF to the fullest extent permitted by law, from and against any and all claims for bodily injury, death, or damage to property, demands, damages, actions, causes of action, suits, losses, judgments, obligations and any liabilities, costs and expenses (including but not limited to investigative and repair costs, attorneysʼ fees and costs, and consultantsʼ fees and costs) (hereinafter the “Claims”) which arise or are in any way connected with your use of the Facility. To allow TCFF to use my, or my childʼs, picture or likeness for general publicity and TCFF materials. In addition, I also waive and release the use of my, or my childʼs, picture or likeness to TCFF for any reason or purpose. This waiver, release of liability, and indemniﬁcation agreement shall be effective and binding upon my heirs, next of kin, family, relatives, guardians, conservators, executors, administrators, trustees, and assigns in the event of my injury, disability, or death. I have read, understand, and agree to be bound by any and all TCFF Rules governing my conduct while at the Facility. I understand that these Rules are strictly enforced, and further that any waiver or failure on the part of TCFF to enforce a violation of any Rule shall not be deemed to be a continuing waiver of said Rule. I further agree that this Agreement is 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. I further agree that I have no medical condition that would cause participation in activities at the Facility to be potentially hazardous to my health. In addition, this Agreement shall constitute authorization for the Facility to provide, or cause to be provided, such medical treatment to the undersigned as may be necessary or appropriate if any injury occurs while at the Facility. I have read and knowingly, and voluntarily have signed this Agreement, and further agree that no oral representations, statements, or inducements apart from this Agreement have been made by TCFF or anyone else with regard to the subject matter of this Agreement. If I am less than 18 years of age, my parent/legal guardian and I certify that I am less than 18 years of age. I/We have completely read and understand this Agreement and its terms. Prior to signing this Agreement, I/we have had the opportunity to ask any questions about this Agreement. I/We are aware that, by signing this Agreement, I/we assume all risks and waive and release certain rights that I and my heirs, next of kin, family, relatives, guardians, executors, administrators, trustees, and assigns may have against TCFF.