THIS MUST BE SIGNED INDIVIDUALLY BY EACH PERSON PRIOR TO SPORTING CLAY TOURNEY START
ASSUMPTION OF RISK, WAIVER & RELEASE OF LIABILITY AND INDEMNITY
ACTIVITY: Permian Basin API Scholarship Sporting Clay Shoot 2023
ACTIVITY COORDINATOR: Permian Basin Chapter- API, hereinafter referred to as API.
By signing this document, I hereby expressly agree to and acknowledge the following:
1. That I have been given permission by API to participate in the Activity for recreational and charitable purposes, but by giving of such permission, API makes no warranty, whether express or implied, as to the condition, habitability, or fitness for any purpose of the Activity premises. I accept permission to enter the premises in "as is" condition, and I hereby release API from any obligation to affirmatively disclose any hazardous conditions located on the Activity premises, and I further knowingly and expressly assume all risks, hazards, and dangers, known or unknown, foreseeable and unforeseeable, and voluntarily elect to expose my person and property to them.
2. ASSUMPTION OF RISK, WAIVER, AND RELEASE: With full knowledge of the risks involved and in consideration for the right to participate in the Activity, I hereby accept and assume all risks and responsibility and further waive, release, and discharge API from any and all liabilities, claims, demands, or causes of action that I may hereafter have for injury to or death of any person or for damages to any property arising out of or in connection with my activities in the Activity and all matters incident thereto, including but not limited to such injuries, damages, or death caused by the sole or concurrent negligence (whether ordinary or gross) or other fault of API. This Assumption of Risk, Waiver and Release shall include transportation to and from the Activity premises, as well as lodging, dining and other activities conducted on the Activity premises.
3. INDEMNITY. I further agree to protect, defend, indemnify, and hold harmless API from any and all liabilities, claims, demands, or causes of action (including all expenses of litigation, court costs, and attorney's fees) for injury to or death of any person or for damages to any property arising out of or in connection with my activities in the Activity and all matters incident thereto, regardless of whether such claims or causes of action are founded in whole or in part upon the negligence or other legal responsibility of API. It is understood that this indemnity shall include (without limitation) any claims, losses, damages, causes of action, suits, and liabilities, whether arising in favor of third parties, me personally, and any invitee, family member, or any
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other person who comes on the Activity premises with my express or implied permission and any persons asserting derivative claims by, through, or under any of the foregoing third parties or persons. It is the express intention of the parties hereto that this indemnity shall apply to such liabilities, claims, demands, or causes of action even if they arise from API's negligence (whether ordinary or gross) or other fault (whether such is the sole or a concurring cause of the injury, death, or damage) of API. This Indemnity shall include transportation to and from the Activity premises, as well as all lodging, dining and other activities conducted on the Activity premises.
4. For purposes of this agreement, "Permian Basin Chapter-API" is defined to include the following: Permian Basin Chapter-API, and its officers, directors, employees, agents, representatives, and volunteers while acting in their official capacity.
5. This Assumption of Risk, Waiver, and Release of Liability and Indemnity shall apply for the current activity and also for any subsequent activities coordinated and/or sponsored by the API.
Sporting Clay Shoot
WINDWALKER FARMS SPORTING CLAYS COMPLEX
DATE: FRIDAY 3/10/23
RELEASE AND INDEMNIFICATION
THE UNDERSIGNED, (WHETHER ONE OR MORE, THE “PARTICIPANT”), in consideration of admittance as requested by the undersigned to the PERMIAN BASIN CAPTER OF THE API AND Windwalker Farms Sporting Clay Complex on behalf of Participant, participant’s heirs, legal representatives, and assigns, agrees to and hereby does release Windwalker Farms Sporting Clay Complex, PERMIAN BASIN CAPTER OF THE API AND, Malcolm Rainwater, Robin Downing, Gary Hightower, Karen Hightower, Tyler Pederson, and West Texas Shooting Sports, Inc. (hereinafter respectively and collectively referred to as “Sponsors”) from, and jointly and severally agrees to indemnify and hold each of Sponsors harmless from and against, any and all liabilities, cost and expenses (including reasonable attorney’s fees and expenses of litigation) which they may jointly or severally incur to the Participant, their heirs, legal representatives or assigns, in respect of any claim, suit, or cause of action of whatever kind or nature arising from, related to or on account of any Participant’s presence at or participation in the Event, including without limitation or on account of any Participant’s presence at or participation in the Event, including, without limitation, any such injury, loss of damage resulting from any failure to perform on the part of any person with whom Sponsors have contracted for goods and services in connection with the Event, any civil commotion, force majeure, acts of God or government, or otherwise; and the Participant further agrees to and hereby does release Sponsors from and jointly and severally agrees to indemnify and hold each of Sponsors harmless from and against, any and all liabilities, costs expenses (including reasonable attorney’s fees and expenses of litigations) which they may jointly or severally incur to any person, claim suit or cause of action of whatever kind or nature on account of any personal injury, loss of health, financial loss or damage to a property directly or indirectly sustained by such person, their heirs, legal representatives or assigns, as a result of the Participant’s action, series of actions, or failure to act in or in connection with the Event or otherwise. This indemnification shall also be valid for participants under the age of 21 when signed by a parent, guardian, or other caretaker of such participate(s). Participant will obey all applicable laws, written and oral rules, direction, practices and procedures whether with respect to safety, conduct or otherwise; and in recognition of the danger to which participant is voluntarily subjected in connection with the Event hereby knowingly, freely and voluntarily assumes the risks and waivers any rights or cause of action, of any kind whatsoever, arising out of or as a result of such an Event activity and participation from which any liability may or could accrue to Sponsors and covenants never to sue Sponsors on accounts thereof. Participant acknowledges and agrees that no alcoholic beverages or drugs are permitted at the Event, Participant has not imbibed any alcoholic manner whatsoever; that participant is experienced with the risk and safety rules of shotgun sports and sporting clay; that all guns must be left unloaded, breached or open except when participant is in a safe position in a shooting stand; and that safety eye and ear protection will be worn by Participant at all times at the Event.
PLEASE TYPE YOUR NAME IN BELOW
Printed Name: ____________________________