Release and Waiver of Liability Agreement 

WHEREAS, Still Group LLC & Still Group Resorts LLC dba Still Resorts, LLC, the subsidiaries Cuyuna Cove, LLC & Tofte Trails LLC in addition to all properties under the Still Group LLC brand (“Company(s)”) sauna use, equipment rentals, yoga classes, experiences, guided tours, retreats and events (the “Activities”) and are willing to permit the individuals (the “Guests”) signing this Agreement to participate in the Activities, upon the terms and conditions of this Agreement. All or some of the Activities may take place on the Company’s premises or property(s) (the “Premises”) located at Crosby, MN, Tofte, MN, including “Offsite” locations. The Company and Guests may be collectively referred to as (the “Parties”). By selecting the “I agree” box at checkout, you are providing an electronic signature and are bound by all terms and conditions stated in this document and you are releasing Still Group LLC and all its subsidiaries of liability. THIS AGREEMENT IS VALID UPON SELECTING THE “I AGREE” BOX AT CHECKOUT & NOT READING THIS AGREEMENT DOES NOT NULLIFY ITS CONTENT.

In consideration for being provided the ability to participate in the “Activities” and enter the Premises, each person hereby stipulates and agrees to the following. 

1. Use of Premises for the Activities Only. I understand and agree that I may only use the Premises for the Activities set forth in this Release and Waiver of Liability agreement at the date(s) and time(s) permitted by the Company, and at all times shall abide by the Rules and Guidelines attached hereto in Appendix A. I further agree that I am responsible for the proper use and care of the Premises and any of Company’s property thereon, and that I will be liable for the replacement cost of any Company property/equipment which is damaged, destroyed or lost. 

2. Assumption of Risk. I understand and acknowledge that the Activities I want to participate in may be dangerous and may involve the risk that I will sustain serious injury, temporary or permanent disability, death, and/or property damage. I understand that the Activity may not be supervised and that the Company(s) does not provide medical services. I further acknowledge that any injury I may sustain while participating in the Activities may be compounded by negligent or delayed medical service or negligent or delayed assistance by the Company(s). Injury due to acts of mother nature; wild life (bears and the like), falling limbs or downed trees causing bodily harm or death is not the responsibility of the Company(s) and you release all liability. I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY USE OF THE PREMISES AND PARTICIPATION IN ACTIVITIES ON THE PREMISES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, EVEN IF CAUSED BY NEGLIGENCE OF THE COMPANY(s) OR A THIRD-PARTY. 

3. Release from Liability. I hereby agree, on behalf of myself, my heirs and my personal representatives, to fully and forever discharge and release Company(s) and its affiliates, and their respective partners, agents, operators, managers, employees, and representatives (“Released Parties”) from any and all claims I may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to my entry upon and use of the Premises and participation in the Activities, whether caused by the negligence of the Company(s) or any of the Released Parties or by any third-party or by any other reason. I acknowledge and agree that this Release and Waiver of Liability for a Potentially Dangerous Activity is intended to be, and is, a complete release, as much as allowed by law, of any responsibility of the Released Parties for all personal injuries, temporary or permanent disability, death, and/or property damage sustained by me while on or using the Premises or participating in the Activities.

*Additionally Stated: In consideration of the services of the Still Resorts, LLC and Kelsey Braun, Christopher Austin and their agents, owners, officers, volunteers, contractors, participants, employees, lessors and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “Company(s)”), I hereby agree to release and discharge the Company(s) on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:

A. I acknowledge that staying at any Still Resorts property entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.

B. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary and I elect to participate in spite of the risks. 

C. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless the Company(s) from any and all claims, demands, or causes of action, which are in any way connected with my participation this activity or my use of Still Resorts facilities, including any such claims which allege negligent acts or omissions of the Company(s).

D. I further agree to relinquish and release all the Company(s) lessors, their officers, employees from all claims which the undersigned may have or hereafter accrue arising out of any occurrence upon or related to the premises of lessor upon which activity occurs.

E. Should the Company(s) or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

F. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions, which would interfere with my safety in this activity, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition. By booking my reservation with Still Resorts, aka the Company(s) I have agreed and I acknowledge that if anyone is hurt or property is damaged during my participation in activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Still Resorts, its subsidiaries; effectively the “Company(s)” on the basis of any claim from which I have released him or her herein. I have had sufficient opportunity to read this entire document. I have read and understand it and I agree to be bound by its terms.

4. Covenant Not to Sue. I agree, for myself and all my heirs, not to sue the Released Parties “Company(s)” or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I or my heirs may have as a result of any personal injury, death or property damage I may sustain while on or using the Premises or while participating in the Activities. 

5. Indemnification. I hereby agree to defend, indemnify and hold harmless the Company(s) and the Released Parties from and against any third-party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of my use of the Premises or participation in any Activities on the Premises. 

6. Medical Treatment Release. I hereby authorize the Company(s) to secure, and I consent to, any medical treatment that may be given to me should the Company(s) determine, in its sole discretion, that I need medical care, as a result of my being on the Premises or from participating in the Activities. I accept full responsibility for all costs related to my medical treatment, including any transport costs, and I release all parties involved from any type of liability for anything that may happen during my treatment or transport. 

7. Responsibility for Personal Property and Property of Still Resorts. I acknowledge and agree that I am fully and solely responsible for any of my property and personal belongings and pet (dog) that I bring onto the Premises or that I use during the Activities, and that the Company(s) will not be responsible for or provide any security for my property, pets (dogs) and personal belongings. Nor will the Company(s) be responsible for stolen property nor shipping lost or forgotten items to Guests. Guests will be responsible for the replacement, at full current value, and loss-of-use of any equipment rented under this form which is lost, stolen, damaged, or otherwise not returned to The Company(s).  I agree to return all rental equipment by the agreed time and date or I shall incur a late fee. 

7b) Pet agreement upon booking: 
Well behaved dogs only allowed in select accommodations. No other animals permitted on the properties.  The pet fee is non-refundable. Any dog must be crated if left alone in a cabin for ANY amount of time. No exceptions. If your dog is too large to crate, he/she must go with you at all times. Dogs must be over the age of 1 year and fully trained. No puppies allowed. 
Please note:
If you attempt to bring your dog and he/she is NOT on the reservation or if the pet policies are not abided by, you will be subject to a fee in addition to the nightly pet rate. 1dog permitted in select cabins only. You are required to report any damages to your cabin within one hour of arrival or you will be held responsible. We hope to stay pet friendly for years to come, but in order to do so the following rules must be followed by our guests and pet owners. 
-When booking your reservation at Tofte Trails, you are agreeing to the following pet rules:
• Your dog must be on the reservation and the pet fee paid prior to arrival (High end blankets are removed from the beds for pet reservations)
• You must book a pet friendly cabin in order to bring your dog
• Dogs may not be allowed on the beds (be sure to bring a dog bed with)
• Dogs must never be left alone in cabin unless secured in a crate. You will be asked to bring your own or rent one from us prior to your arrival. You may be asked to show proof of a crate by sending us a photo within 1 hour of arrival. 
• Do not bathe/shower your pet in the cabin showers. There will be an additional cleaning fee. 
• Owners are required to pick up after the dog and properly dispose of the waste in the garbage bin. If waste is not properly disposed of, guest will be subject to a fine.
• Please bring a dog towel to wipe dirty feet before entering the cabin
• Dogs must be on a 6ft leash on the property at ALL times. NO EXCEPTIONS.
• Dogs are not allowed to be left on the patio alone if you leave the cabin.
*Owners must adhere to to all posted rules/regulations for dogs on state/local trails in every season. Not all trails are pet friendly.
If your dog is prone to barking or may chew/scratch anything in the cabin, we ask that you leave them at home so we can continue to offer dog friendly accommodations. You will be charged for any damage. If your dog is barking, aggressive or disruptive to other guests we reserve the right to ask you to leave without refund. Tofte Trails reserves the right to ask you to leave without a refund if any of the above policies are not adhered to.

Service Animal / Emotional Support Animal Policies: 


A. Your card on file will be charged for any minor or major damage to the accommodation(s) and all items therein and additionally for any “lost” or “stolen” items. Replacement of items may result in additional restocking fees as well as reimbursing the staff members’ time to complete the task. You’ll also be charged for sneaking additional guests and pets without notice into the property. IF you decline the charge via your credit card company you may be subject to small claims court no matter the cost and be liable to pay all attorney(s) and court fees. *Inventory is taken prior to your arrival and after your departure. Stating that you "did not do it" or that "it broke" will not constitute a release of responsibility or liability. 

8. No Representations by Company. I acknowledge that the Company(s) makes no representation as to the condition of the Premises or the safety of the Activity or any equipment either on the Premises or used in the Activities. I accept and shall use the Premises, and its equipment, in its “AS IS” condition. I acknowledge and agree that I am not relying upon any representation or statement by the Company(s) or the Company’s employees, agents, sponsors, or representatives regarding this agreement or the Premises or Activities, except to the extent such representations are expressly set forth in this agreement. The Company(s)  reserveIn consideration of the services of Tofte Trails, LLC and Kelsey Braun, Chris Austin and their agents, owners, officers, volunteers, participants, employees, lessors and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “Tofte Trails”), I hereby agree to release and discharge Tofte Trails on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:

A. I acknowledge that staying at Tofte Trails entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.

B. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary and I elect to participate in spite of the risks.

C. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Tofte Trails from any and all claims, demands, or causes of action, which are in any way connected with my participation this activity or my use of Tofte Trails facilities, including any such claims which allege negligent acts or omissions of Tofte Trails.

D. I further agree to relinquish and release all Tofte Trails lessors, their officers, employees, and guests from all claims which the undersigned may have or hereafter accrue arising out of any occurrence upon or related to the premises of lessor upon which activity occurs.

E. Should Tofte Trails or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

F. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions, which would interfere with my safety in this activity, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition. By booking my reservation with Tofte Trails I have agreed and I acknowledge that if anyone is hurt or property is damaged during my participation in activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Tofte Trails on the basis of any claim from which I have released him or her herein.I have had sufficient opportunity to read this entire document. I have read and understand it and I agree to be bound by its terms. the right to terminate at any time the use of rental equipment if it is found that the Lessee is operating said equipment in a reckless manner, or in any way endangering the wellbeing of themselves or others.

9. Governing Law and Venue. This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of the State of Minnesota, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Release and Waiver of Liability agreement must be brought exclusively in any state or federal court located in Cook County, Minnesota or Crow Wing County, Minnesota. 

10. Waiver. No waiver of any term or right in this Release and Waiver of Liability agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter. 

11. Survival. Any provision of this Release and Waiver of Liability agreement providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable. 

12. Compliance with Laws. In the performance of the terms of this Release and Waiver of Liability agreement and use of the Premises, the Parties shall comply with all applicable federal, state, regional and local laws, rules and regulations. 

13. Severability. If any provision or portion of this Release and Waiver of Liability agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect. 

14. Entire Agreement; Modification; Binding Effect. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the Parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties. 

Appendix A 

Still Group LLC, Still Group Resorts LLC, dba Still Resorts LLC, Cuyuna Cove LLC & Tofte Trails LLC, the Company(s) Rules and Guidelines 

1. Guests must be age 21+ to reserve a stay are required to read all emails, communications sent by the Company(s) and abide by all cabin/tent/property/sauna rules.

2. Pets (dogs only) allowed in specified accommodations: Please refer to FAQ page for PER PROPERTY pet rules as they are unique to specific accommodations. Guests are subject to additional fees if pet rules are violated. If a pet is allowed, it must be on the reservation PRIOR to your arrival or you will be subject to an additional fee. By booking, you are agreeing to our pet policies listed in our FAQs and will be asked to leave without a refund if you choose to not abide by the posted rules. 

3. Sauna: A swimsuit or athletic attire is required to be worn in the saunas at all times. Guests must sit on a towel while in the sauna for hygienic purposes. A towel will be provided for private sauna guests. Sauna guests should never touch the sauna stoves and rocks and should always stay at least one foot back from the sauna stove pedestal. Aromatherapy may be used during sauna sessions. If you have a sensitivity to aromatherapy fragrances do not use them in the sauna.  Guests are allowed to control the sauna temperature controls at their own risk. Additional rules may be posted on the sauna at the property. 

4. Guests should not enter the sauna after consuming alcohol or other drugs. 

5. The consumption of drugs on the premises is strictly prohibited. The Company(s) do not allow smoking of any kind on the properties unless noted for a designated area. Absolutely no smoking IN or around your accommodation or a fine will be assessed upon the incident. Any remediations as a result of smoking damage will be charged to you. 

6. Guests are responsible for starting and fully putting out a fire in the bonfire pits and/or solo stoves and are required to read and follow all instructions to ensure safe use of both fire pits and solo stoves. You will be held liable for any fire related damage to the properties assets and the surrounding Premises and not limited to the surrounding area. IF you cause a forest fire you will be held liable for all damages. DO NOT THROW BURNT LOGS INTO THE WOODS AND NEVER LEAVE YOUR FIRE UNATTENDED.   DNR approved wood for burning ONLY. Additional DNR approved wood is available for sale at the local grocery store (Super One) or at the gas stations. You are required to burn only DNR approved wood, but due to local/state regulations and conditions, we are not permitted to burn non DNR approved wood or trash. At times, due to severe high fire danger or other local conditions circumstances may prohibit the use of fire pits, grills or wood stoves. Guests are responsible for checking these restrictions and monitoring present day conditions prior to burning. 

6b.  Guests are responsible to use gas stoves, grills and gas stove tops correctly and abide by all rules. Guests will be held responsible for any damage caused due to negligence. 

7. Rudeness, racism, sexism, etc to staff or other guests will not be tolerated and you may be asked to leave the property without a refund. 

8. Guests should not enter the facilities if they are not feeling well or have been exposed to someone who is ill. 

9. Consult a doctor before utilizing saunas if you are pregnant or are on any medications. 

10. IF children are permitted to the Premises you are solely responsible for their access to the facilities including but not limited to the sauna(s) and you release the Company(s) of any liability for any injury or harm that may occur. It is recommended that children under the age of 10 do not enter the sauna(s).

11. Be aware that sauna sessions, experiences; mountain biking, hiking, paddle boarding, kayaking, canoeing, snowshoeing, altai skiing, fat tire biking, ice skating (non exhaustive list), activities, retreats, yoga classes and the like will likely have other guests sharing the Activities and facilities with you. 

12. Guests’ time on the premises is limited to the allotted time of their booking stay. Please be respectful of other guests. You may not stay beyond your reservation to utilize the facilities, equipment and or sauna(s). Activity based experiences may take place at an hour or be rescheduled at a time not within your reservation booking window to which you may attend the experience prior to your departure. All experiences will take place during your booking window reservation weather permitting. IF weather dictates the experience you will be refunded for any cancellation on behalf of the Company(s). You will not be refunded for canceling the experience based on your discretion as experiences are scheduled with staff or contractors in advance based on your selection at time of booking or any last minute experience bookings.

13. At Still Resorts “The Company(s)” we value everyone as unique individuals. As such, we have a strict non-discrimination policy. We believe everyone should be treated equally regardless of race, sex, gender identification, sexual orientation, national origin, native language, religion, age, disability, marital status, citizenship, genetic information, pregnancy, or any other characteristic protected by law. Discrimination and rude, crude, or lewd behavior against other guests or our staff is strictly prohibited and you may be subject to criminal and or civil penalties in the result of litigation or lawsuit. 

**I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS AND THAT I UNDERSTAND I AM GIVING UP SIGNIFICANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY. I ACKNOWLEDGE THAT SELECTING THE BOX AT CHECKOUT BINDS ME THE GUEST(s) TO THIS AGREEMENT. AN ATTORNEY HAS BEEN CONSULTED WITH AND REVIEWED THIS AGREEMENT. I AM AT LEAST EIGHTEEN (21) YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND.