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DRAFT – FOR DISCUSSION ONLY.  <br />10  <br />  <br />Exhibit B: WAIVER OF LIABILITY <br /> <br />Acknowledgement and Assumption of Risk <br />I am aware of the dangers and the risks to my person and property involved while participating in the construction project <br />sponsored by the Forest Lake Historical Society at the Hopkins Schoolhouse. I realize the activities involved may include <br />digging, lifting and other physical activities of which I recognize the risk. I recognize that the work may involve the handling <br />of sharp objects and I agree to wear thick work gloves when handling materials. <br /> <br />Nevertheless, I voluntarily elect to participate in this construction project with knowledge of the danger involved, and <br />I hereby agree to accept and assume any and all risks of property damage, personal injury, or death. <br /> <br />The Forest Lake Historical Society and the City of Hugo do not insure participants in the above-referenced construction <br />project, and participants who want to be covered must obtain their own insurance. The Forest Lake Historical Society and <br />the City of Hugo asserts lack of responsibility or liability for injury resulting from this construction project. <br /> <br />Waiver of Liability and Indemnification. <br />In consideration for being allowed to voluntarily participate in the above-referenced construction project, on behalf of <br />myself, my personal representatives, heirs, next of kin, successors, and assigns, I forever: <br /> <br />a. Waive, release and discharge the Forest Lake Historical Society and the City of Hugo, its agencies, officers, and <br />employees from any and all negligence and liability for my death, disability, personal injury, property damages, property <br />theft or claims of any nature which may hereafter accrue to me and my estate as a direct or indirect result of my <br />participation in the above-referenced construction project (excluding claims arising out of gross negligence or <br />intentional misconduct); and <br /> <br />b. Defend, indemnify and hold harmless the Forest Lake Historical Society and the City of Hugo, its agencies, <br />officers, and employees from any and all claims of any nature, including all costs, expenses and attorney’s fees, which <br />may in any manner result from or arise out of this agreement, except for claims resulting from or arising out of Forest <br />Lake Historical Society and the City of Hugo’s negligence (excluding claims arising out of gross negligence or <br />intentional misconduct). <br /> <br />I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident or illness <br />during the construction project. This release, indemnification, and waiver shall be construed broadly to provide a release, <br />indemnification, and waiver to the maximum extent permissible under applicable law. <br />I, the undersigned participant, affirm that I am at least 18 years of age and am freely signing this agreement. I have read <br />this form and fully understand that by signing this form, I am giving up legal rights and/or remedies which may <br />otherwise be available to me regarding any losses I may sustain as a result of my participation in the construction project. I <br />agree that if any portion is held invalid, the remainder will continue in full legal force and effect. <br />READ BEFORE SIGNING <br />Name: <br /> <br /> Signature Date <br /> <br /> <br />Witness Name: <br /> <br /> Signature Date <br />