Liability Release, Indemnification and Assumption of Risk
-Minnesota Mycological Society (MMS)-
Acknowledgement and Assumption of Risks
In consideration of membership in The Minnesota Mycological Society (MMS) and/or participating in any MMS-related activity, I acknowledge that MMS conducts activities in various locations under widely varying conditions in which I and my minor child(ren), if any, may encounter known and unknown dangers including, but not limited to, those arising from the terrain, weather, animals, water, traffic, bugs, bacteria, plants, fungi, distance from medical care, becoming lost, and/or the consumption of anything (including fungi), and infectious diseases including COVID-19.
I voluntarily assume responsibility for all of these risks and will act responsibility, and adhere to all directions shared by MMS and any of its volunteers and coordinators, including, but not limited to, any that may be shared verbally, in writing, electronically, or on the MMS website. I assume full responsibility for the consumption of any item or beverage, including, but not limited to, any fungi, regardless of whether it is consumed at or following any MMS activity.
Release of Liability
I UNDERSTAND THAT KNOWN AND UNKNOWN RISKS MAY ARISE INDEPENDENTLY OR MAY ARISE IN WHOLE OR IN PART FROM MY ACTIONS OR INACTIONS, THE ACTIONS OR INACTIONS OF OTHERS, AND/OR ANY TYPE OF NEGLIGENCE, AND I ASSUME ALL RISKS OF DAMAGE, LOSS, AND INJURY TO AND DEATH OF MYSELF. ON BEHALF OF MYSELF, MY CHILDREN IF ANY, AND OUR GUARDIANS, HEIRS, ASSIGNS AND ESTATES, I HEREBY FOREVER, UNCONDITIONALLY AND VOLUNTARILY WAIVE, RELEASE, RELINQUISH, DISCHARGE AND WILL HOLD HARMLESS MMS AND ITS OFFICERS, DIRECTORS, BOARD MEMBERS, VOLUNTEERS AND OTHER PERSONS INVOLVED IN PLANNING AND/OR EXECUTING ANY ACTIVITIES FROM ANY AND ALL LIABILITY. “LIABILITY” AS USED IN THE FOREGOING SENTENCE SHALL INCLUDE THAT FROM INJURY, DEATH, LOSS, THEFT OF PERSONAL PROPERTY, AND FROM ALL OTHER DIRECT, INDIRECT, CONSEQUENTIAL AND INCIDENTAL DAMAGES, ANY ECONOMIC LOSS, AND ANY RELATED ATTORNEYS’ FEES AND COSTS (INCLUDING ANY RELATED TO ENFORCE MEDIATION AND ARBITRATION PROVISIONS OF THIS AGREEMENT, AND/OR THOSE RELATED TO COLLECTION COSTS) ARISING FROM OR RELATED TO MY AND MY MINOR CHILDREN’S PARTICIPATION IN (INCLUDING TRAVEL TO AND FROM) ANY MMS-SPONSORED OR MMS-RELATED ACTIVITIES. NOTHING HEREIN WAIVES LIABILITY FOR DAMAGES ARISING FROM CONDUCT GREATER THAN ORDINARY NEGLIGENCE.
Release of Media Rights
By participating in any MMS-related activity I hereby grant on behalf of myself and my children, if any, the irrevocable right and permission to photograph and/or record any of us in connection with such activity and to use the photographs and/or recordings in any manner for any MMS-related purposes, such as on its website, in its newsletter or for promotional purposes. I further acknowledge and agree that the rights granted by this release are without compensation of any kind.
Requirement for Mediation and Arbitration
In the event of any dispute, the dispute – including any issues of substantive and procedural arbitrability, any defenses to mediation and arbitration, and all disputes regarding the enforceability, interpretation, breadth, scope and meaning of this Liability Release, Indemnification and Assumption of Risk shall be considered solely through mediation and, failing that, through binding arbitration. Any mediation and arbitration shall be held in St. Paul, Minnesota. Should any dispute be considered in a court, I hereby fully waive any rights I and my children, if any, may have to a trial by jury. The laws of the State of Minnesota shall apply to all disputes.
Binding Liability Release Updates
MMS may update this Liability Release, Indemnification and Assumption of Risk at any time by changing it on its website, which updated terms shall be binding upon me and shall apply to any activities (or omissions) occurring after the update. If I disagree with any provisions, I will contact the MMS President in writing, will no longer be a member of MMS, and will cease to participate in any future MMS activities.
Duration
I understand that this agreement extends forever into the future even if I do not renew my membership or otherwise participate in any MMS activities, and will have the full force and effect each and every time I, and any other adult(s) under my membership participate in any MMS-related activity.
Signatures
I agree that: (a) my electronic signature is the legal equivalent of my manual, hand-written signature and constitutes a binding, legal signature, (b) no certification authority or other third party verification is necessary to validate my E-signature, and (c) a copy or printout of this electronically-signed Liability Release, Indemnification and Assumption of Risk shall be legally binding. I certify that I have the legal authority to sign this waiver on behalf of my minor children listed for membership.
MMS Liability Release v3.0 2021
