Release and Waiver of Liability Agreement
(Potentially Dangerous Activity) (MN)

Summary

This release and waiver of liability agreement is governed by Minnesota law and can be used by a property owner and/or sponsor of an activity and a person(s) invited onto the owner's property or participating in an activity. This template includes practical guidance, drafting notes, and alternate and optional clauses. Under this agreement, the invitees may not sue the landowner and its employees and agents for injuries or property damage that they may sustain while on and using the owner's property or from participating in an activity. The invitees acknowledge the risks associated with the use of the property and participation in an activity and release the owner from any claims, including those based on ordinary negligence but not gross negligence, the invitee may have arising out of the invitee’s use of the premises or participation in an activity. This agreement further requires the invitees to provide the landowner and other released parties with indemnification for any loss or damage they may cause while on the property or while participating in an activity. This template can be modified to address the circumstances in which the subject premises will be used by the invitees and for any specific concern the owner may have regarding potential liability from participation in the activity. Many potentially dangerous activities are still enjoyed by participants. For example, fans sitting in the stands of a baseball game are at risk of getting hit by a foul ball. In other activities, the invitee faces danger from participating in the activity, such as skiing or parachuting out of an airplane. Although this document focuses on the activity, it references and seeks release and waiver for the property access as well, since access to the property and participation in the activity often go together. In other cases, a person may be injured on the property unrelated to the activity (i.e., someone may want to enjoy bungee jumping but may get hurt not from bungee jumping, but a passing car on the property instead). For general information regarding commercial contracts, see Commercial Contract Drafting and Review. For more information on releases related to the use of property that do not involve an activity, see Release and Waiver of Liability Agreement (Premises).