WARRENTON HUNT, INC.
Assumption of Risk, Waiver of Liability and Indemnity Agreement Relating to the Warrenton Hunt Clay Shoot
I, the undersigned, desires to participate in the Clays & Games For A Cause (the “Clay Shoot Event”), sponsored and organized by the WARRENTON HUNT, INC. (“WH”) and coordinated by John Higgins and the Coordinated Shooting Method (collectively, the “Coordinator ”) located on the property known as the “Lakota Ranch” (the “Property”) owned by Lakota Ranch, LLC (the “Landowner”). In consideration of being permitted to participate in the Clay Shoot Event, I, the undersigned, as set forth herein, have agreed to execute this Assumption of Risk, Waiver of Liability, and Indemnity Agreement Relating to the Clay Shoot Event (this "Agreement") and acknowledge and agree as follows:
I, the undersigned, acknowledge, agree, and understand that participating in the Clay Shoot Event involves certain inherent risks, hazards and dangers, including but not limited to, the risk of death or serious personal injury, especially since guns and other firearms are almost always located at premises where the Clay Shoot Event occurs, and the use of firearms is involved with the Clay Shoot Event. I understand and agree that I may be injured or die as a result of, in whole or in part, my negligence or the negligence of others, or through no fault of myself or anyone else, because of the nature of the activity in which I will be or am engaged at the Clay Shoot Event. I represent and warrant that (a) I am in good physical conditioning required, and have the degree of skill and knowledge necessary, for me to engage in the Clay Shoot Event, (b) I am familiar with firearms in general and specifically with the firearm I will be using for the Clay Shoot Event, and (c) I thoroughly understand the firearm’s operation and have inspected the firearm and found it to be safe and in good working condition. I voluntarily agree to assume all such risks, as well as any other risks involved in participating in the Clay Shoot Event, as the case may be, including, but not limited to, the risks of (i) death, personal injury, and/or damage to personal property related to the handling of firearms, ammunition, clay targets, shots from firearms and being near others that have firearms in their possession; (ii) ear damage from noise, and (iii) outdoor encounters with wildlife, animals, insects and inclement weather.
I EXPRESSLY ASSUME ALL THE ABOVE-STATED RISKS AND ALL OTHER RISKS IN CONJUNCTION WITH THE CLAY SHOOT EVENT SPONSORED IN WHOLE OR IN PART BY WARRENTON HUNT, INC., AND ANY OTHER ACTIVITIES IN WHICH I WILL BE OR AM ENGAGED, WHETHER OR NOT THE NEGLIGENCE OF ANY PERSON OR ENTITY MAY BE INVOLVED.
I understand, acknowledge, and agree that it is my responsibility while engaged in the Clay Shoot Event, or any other activities, to carry appropriate health and medical insurance and, to the extent applicable, personal liability insurance. Further, I understand, acknowledge, and agree that it is my responsibility to pay all costs and expenses related to any services provided by 911 emergency responders or other rescue responders in conjunction with any injury, mishap, or other health related problem that occurs during any of my activities sponsored or organized, in whole or in part by, Warrenton Hunt. Inc, or any other activities in which I will be or am engaged, whether or not the negligence of any person or entity may be involved or whether or not I accept or refuse such emergency or rescue services.
With the knowledge of the foregoing, and as an inducement for, and in consideration of, the Warrenton Hunt. Inc., the Coordinator, and the Landowner allowing me to participate in the Clay Shoot Event, I hereby further agree to waive, release and give up, now and forever, (i) any and all rights that I or my heirs, personal representatives, agents, assigns or subrogees may have to make any claim or to bring any action against (a) Warrenton Hunt. Inc., its directors, officers, employees, agents, Masters of Foxhounds, staff, subscribers, members, guests, licensees, invitees and participants, (b) the Coordinator, its agents, employees, members, licensees, invitees and guests, and (c) the Landowner, its agents, employees, members, tenants, licensees, invitees and guests (the parties listed in (a), (b), and (c) above are collectively referred to herein as the “Indemnities”) whether or not at any time I am aware of the capacity, affiliation or interest of any such Indemnities, and (ii) any and all damages, claims, losses, actions, and liabilities or expenses of any kind, including attorneys’ fees and costs, relating to, or arising from, in whole or in part, any injury or death which might be incurred by me or from damage to any of my property, whether or not related to, or in connection with, my participation in the Clay Shoot Event, or any other activities in which I will be or am engaged. I further voluntarily agree to assume all of the herein stated risks and accept sole responsibility for, any injury to the undersigned (including, but not limited to, personal injury, disability, illness, and death whether or not related to participating in the Clay Shoot Event, in any other activities in which I will be or am engaged, and/or related to any public health risk), and any damages, losses, claims, liabilities, or expenses, of any kind, that I may experience or incur in connection with my attendance or participation in the Clay Shoot Event or in any other activities in which I will be or am engaged. On my behalf and on the behalf of my heirs, personal representatives, agents, assigns or subrogees, I further hereby agree to indemnify, release, covenant not to sue, discharge, defend, and hold harmless the Indemnities from any claims or causes of action of any kind arising from or related to any damage to property and/or injury to myself or others (including, but not limited to, personal injury, disability, illness, and death whether or not related to participating in the Clay Shoot Event, in any other activities in which I will be or am engaged, and/or related to any public health risk), and any and all damages, losses, claims, liabilities, or expenses of any kind, and judgments, awards, amounts paid in settlement, costs, including court costs and attorneys’ fees, relating to or arising in connection with, in whole or in part, my attendance or participation in, or incur in connection with, the Clay Shoot Event or any other activities in which I will be or am engaged, including but not limited to, all costs and expenses related to any services provided by 911 emergency responders or other rescue responders in conjunction with any injury, mishap or other health related problem that occurs during the Clay Shoot Event, and all court costs and attorneys’ fees, and other costs and expenses incurred relating to, or arising in connection with, the enforcement of the indemnity, waiver, and release provisions in this Agreement.
I, the undersigned, understand, acknowledge, and agree that any electronic signature to this Agreement shall have the same legal validity and enforceability as a manually executed signature or use of a paper-based record-keeping system to the fullest extent permitted by applicable law, including the federal Electronic Signatures in Global and National Commerce Act, or any other federal or state electronic signatures and/or records act. The undersigned hereby waives any objection to the contrary. The undersigned further agrees that (a) an electronically scanned reproduction of any fully executed original of this Agreement shall have the same effect as an original, and (b) a photocopy, electronic or facsimile signature shall have the same binding force and effect as an original signature. The undersigned hereby acknowledges and agrees that facsimile signature or signature transmitted by electronic mail in so-called “PDF” format, or any other form of electronic signature shall be legal and binding and shall have the same full force and effect as if an original, executed version of this Agreement had been delivered to WARRENTON HUNT, INC. The undersigned (i) intends to be bound by the signature on this Agreement sent by facsimile or electronic mail, (ii) is aware that WARRENTON HUNT, INC. will rely on such facsimile or electronic signature, and (iii) hereby waives any defenses to the enforcement of the terms of this Agreement based on the foregoing forms of signature. “Electronic signature” as used herein includes (y) any electronic symbol or process attached to, or associated with, a contract or other record and adopted by a person with the intent to sign, authenticate or accept such contract or record (including any signature affixed by Adobe Sign or DocuSign), and (z) any facsimile or .pdf signature.
I HAVE READ AND DO KNOWINGLY EXECUTE THIS AGREEMENT, FULLY UNDERSTAND TERMS OF THIS AGREEMENT AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT. FURTHER, I EXECUTE THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. I further agree that if any provision of this Agreement shall be adjudicated invalid or unenforceable, all other provisions hereof shall remain effective and that this Agreement shall remain valid and in full force and effect and shall not terminate or be revoked.
