Terms of Service

TICKET LIABILITY WAIVER

RELEASE OF LIABILITY AND ASSUMPTION OF RISK: 
By purchasing a ticket for, participating in and/or attending the ice festival event, and any related activities, taking place at the Viking Lakes Facilities  (the “Event”), User (as defined below) understands that User agrees to and accepts the following terms of this RELEASE OF LIABILITY AND ASSUMPTION OF RISK (the “Release”). In consideration of being permitted to participate in and/or attend this Event, and in recognition of the reliance of Minnesota Ice Sculptures, LLC (the “Company”) and the Releasees (defined below) hereon, User agrees to all the terms and conditions set out in this Release, which terms and conditions shall become effective upon purchase of a ticket or tickets to the Event. User acknowledges that, but for the
execution of this Release Releasees (as defined below) would not allow for User’s admission into the Event.

As used in this Release, “User” means the person who agrees to this Release, and anyone who has or obtains legal rights from or through that person.

User HEREBY ASSUMES ALL OF THE RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES ASSOCIATED WITH THIS EVENT, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of any Releasee(s), from dangerous or defective equipment or property owned, maintained, or controlled by any Releasee(s), or because of the possible liability of any Releasee(s). User certifies that User is physically fit, has sufficiently prepared for participation in this Event, and has not been advised to not participate by a qualified medical professional. User certifies that there are no health-related reasons or problems which preclude User’s participation in this Event. User acknowledges that this Release may be used by Company and any Releasee(s), and that the Release shall govern User’s actions and responsibilities at the Event. In consideration of User’s attendance or participation in the Event, User hereby takes action for him or herself, User’s executors, administrators, heirs, next of kin, successors, and assigns as follows:

(A) USER WAIVES, RELEASES, AND DISCHARGES any and all claims, now known or hereafter known, against the Company, its directors, officers, managers, employees, volunteers, representatives, affiliates, agents, successors, and/or assigns, the persons and/or entities that hold the Event, sponsor the Event, and/or own the property at which the Event takes place (collectively, the “Releasees” ), arising out of or attributable to the Event, whether arising out of the negligence or any act or omission of the Company or any Releasee(s) or otherwise, including, but not limited to claims for death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to User including during User traveling to and from this event. User covenants not to make or bring any such claim against the Company or any Releasee(s), and forever releases and discharges the Company and any Releasee(s) from any and all liability for such claims.

(B) USER SHALL DEFEND, INDEMNIFY, HOLD HARMLESS the Company and any Releasee(s) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers arising out of or resulting from any claim of a third party related to User’s attendance at or participation in this Event, whether arising out of User’s own negligence or the negligence or any act or omission of the Company, its agents or employees, or any Releasee(s).

User is aware of, understands, and acknowledges that the Company and any Releasee(s) are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf. User acknowledges that this Event may involve a test of a person’s physical and mental limits and carries with it the potential for death, disability, serious injury, and property loss. User acknowledges that any injuries that User sustains may result from or be compounded by the actions, omissions, or negligence of the Company or any Releasee(s), including negligent emergency response or rescue operations of the Company or any Releasee(s). The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the Event. These risks are not only inherent to participants, but are also present for volunteers. Notwithstanding the risk, User acknowledges that User is voluntarily participating in and attending the Event with knowledge of the danger involved and hereby agrees to accept and assume any and all risks of injury, disability, death, and/or property damage, arising from User’s participation in or attendance at the Event, whether caused by the negligence of the Company or any Releasee(s), or otherwise.

User hereby consents to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness. User understands and agrees that User is solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. User hereby releases, forever discharges, and holds harmless the Company and any Releasee(s) from any claim based on such treatment, transportation, or other medical services.

User understands and will follow the rules of use of the Facilities which may be communicated to User from time to time. User understands and agrees to irrevocably grant to the Releasees, and each of their respective successors, assigns and licensees the exclusive right and authority use and publish User’s voice, picture, name and likeness for advertising, publicity or promotional and other purposes in connection with the Releasees in any form, including and without limitation, newspapers, magazines, motion pictures, game programs, audio tapes, video tapes, television broadcasts and web pages. This right shall survive the termination of this Agreement. No additional compensation shall be paid or payable to the User for any right or use granted to the Releasees by the User.

In the event User decides to bring a minor who is under the age of 18 to the Event, User understands that User is solely responsible for the well-being and supervision of that minor at all times while on the Viking Lakes Facilities. User gives User’s permission for emergency medical care to be administered to the minor should a medical emergency arise during the Event. Any expenses relating to such medical care will be User’s sole responsibility. User understands that User is fully responsible for all minors who accompany User to the Event.

This Release shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. This Release constitutes the sole and entire agreement of the Company and User with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and User and our respective successors and assigns. User acknowledges and agrees that the Releasees are intended third-party beneficiaries of this Release.  All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the state courts located in Dakota County, Minnesota, and User hereby consents to the exclusive jurisdiction of such courts.

Further, attending events could increase User’s risk of contracting an infectious disease. By purchasing a ticket, User acknowledges the contagious nature of infectious diseases (including, without limitation, COVID-19) and voluntarily assumes the risk of being exposed to or infected by an infectious disease through attending events and that such exposure or infection may result in personal injury, illness, permanent disability, and/or death. User understands that the risk of becoming exposed to or infected by an infectious disease at the Event may result from the actions, omissions, or negligence of ticket holders and others, including, but not limited to, the Company and any Releasee(s). User voluntarily agrees to assume all disease-related risks and accepts sole responsibility for any injury to User’s child(ren) or User (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that User or User’s child(ren) may experience or incur in connection with User’s child(ren)’s attendance at the event or participation in the Event. 

In addition to the foregoing, on User’s behalf, and on behalf of User’s children, User hereby releases, covenants not to sue, discharges, and hold harmless the Company and any Releasee(s) from any and all claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating to infectious disease. User understands and agrees that this release includes any claims based on the actions, omissions, or negligence of the Company and any Releasee(s), whether an infection occurs before, during, or after participation in the Event.

USER CERTIFIES THAT USER HAS READ THIS DOCUMENT AND USER FULLY UNDERSTANDS ITS CONTENTS. USER IS AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND USER ACCEPTS AND AGREES TO IT OF USER’S OWN FREE WILL.

I HAVE READ THIS DOCUMENT CAREFULLY, AND I UNDERSTAND IT IS A RELEASE OF ALL CLAIMS AND I ACKNOWLEDGE AND ASSUME ALL RISKS

 

_________________

 

OVERVIEW 

This website is operated by The Minnesota Ice Festival. Throughout the site, the terms “we”, “us” and “our” refer to The Minnesota Ice Festival. The Minnesota Ice Festival offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

 By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

 Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you. 

 

SECTION 1 - ONLINE STORE TERMS 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 

You must not transmit any worms or viruses or any code of a destructive nature. 

A breach or violation of any of the Terms will result in an immediate termination of your Services. 

 

SECTION 2 - GENERAL CONDITIONS 

We reserve the right to refuse Service to anyone for any reason at any time.  

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES 

Prices for our products are subject to change without notice.  

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

 

SECTION 5 - PRODUCTS OR SERVICES (if applicable) 

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.  

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.  

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

For more details, please review our Refund Policy.

 

SECTION 7 - OPTIONAL TOOLS 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service. 

 

SECTION 8 - THIRD-PARTY LINKS 

Certain content, products and Services available via our Service may include materials from third-parties. 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties. 

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

 

SECTION 10 - PERSONAL INFORMATION 

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY] 

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).  

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

 

SECTION 12 - PROHIBITED USES 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. 

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. 

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. 

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

In no case shall The Minnesota Ice Festival, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

 

SECTION 14 - INDEMNIFICATION 

You agree to indemnify, defend and hold harmless The Minnesota Ice Festival and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

 

SECTION 15 - SEVERABILITY 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

 

SECTION 16 - TERMINATION 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

 

SECTION 17 - ENTIRE AGREEMENT 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

 

SECTION 18 - GOVERNING LAW 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States. 

 

SECTION 19 - CHANGES TO TERMS OF SERVICE 

You can review the most current version of the Terms of Service at any time at this page.  

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

 

SECTION 20 - CONTACT INFORMATION 

Questions about the Terms of Service should be sent to us at info@minnesotaicefestival.com. 

 

Our contact information is posted below: 

The Minnesota Ice Festival

info@minnesotaicefestival.com 

755 Prior Ave N St Paul, MN 55104

612-254-8330