The undersigned represents that he or she is the parent or legal guardian of the minor identified above ("Minor") and expressly consents to the Minor's voluntary participation in shooting instruction and related activities at Auburn Oaks Farm, LLC ("Auburn Oaks" or “Auburn Oaks Farm”), including, without limitation, shotgun instruction, sporting clays, five-stand, target shooting, the handling, loading, unloading, carrying and discharge of firearms, use of live ammunition, walking or riding through outdoor shooting areas, and operating or riding utility vehicles. The undersigned acknowledges that firearms, shooting sports and related outdoor activities are inherently dangerous and may result in serious bodily injury, permanen disability, hearing loss, eye injury, property damage or death. The undersigned further acknowledges that risks may include, without limitation, accidental or negligent discharge of firearm, firearm or ammunition malfunction, ricochet, shot, shell fragments, debris, target fragments, actions or mistakes of the Minor, other shooters or participants, uneven or wet terrain, holes, vegetation, insects, wildlife, weather, falls, and the use of carts, shooting stands and other equipment. The undersigned understands that no instructor, employee or representative can eliminate all risks associated with firearms or shooting activities and, knowing these risks, voluntarily authorizes the Minor to participate. The undersigned represents that the Minor is, to the best of the undersigned's knowledge, physically and emotionally capable of safely participating, is not legally prohibited from possessing or using a firearm under the circumstances of the activity, and will not participate while impaired by alcohol, illegal drugs, marijuana, or any medication or substance that could impair safe participation. The undersigned agrees to disclose any limitation that may materially affect the Minor's safe participation and understands that Auburn Oaks Farm may immediately terminate the Minor's participation if an instructor or staff member determines that continued participation is unsafe. In consideration for Auburn Oaks Farm permitting the Minor to participate, the undersigned, individually and in his or her capacity as parent or legal guardian, to the fullest extent permitted by Alabama law, releases and discharges Auburn Oaks Farm, LLC, its owners, members, managers, officers, employees, instructors, independent contractors, agents, volunteers, affiliated entities, landowners, property owners, equipment owners, successors and assigns (collectively, the "Released Parties") from claims that the undersigned personally may have arising from or relating to the Minor's participation, including claims for expenses, loss of services or other derivative claims, including claims arising from ordinary negligence to the extent such claims may lawfully be released. Nothing in this Agreement is intended to waive a claim or legal right that Alabama law does not permit a parent or guardian to waive on behalf of a minor. To the fullest extent permitted by law, the undersigned agrees to indemnify and hold harmless the Released Parties from claims, losses, damages, expenses or liabilities resulting from the undersigned's own acts or omissions, the Minor's intentional misconduct, the Minor's violation of safety rules or instructor directions, or damage to persons or property caused by conduct for which the undersigned may legally be held responsible. If the Minor becomes injured or ill and the undersigned cannot be immediately reached, the undersigned authorizes Auburn Oaks Farm personnel to obtain or arrange reasonable emergency medical care and transportation for the Minor and authorizes emergency medical personnel and licensed healthcare providers to provide treatment reasonably considered necessary under the circumstances. The undersigned accepts financial responsibility for such treatment or transportation to the extent legally responsible. The undersigned expressly agrees that this Minor Shooting Instruction Waiver and Parental Consent is intended to be as broad and inclusive as permitted by the laws of the State of Alabama and that if any portion is held invalid or unenforceable, the balance shall continue in full legal force and effect.
CLAIMS AND DISPUTES. All claims, disputes, or other matters in controversy arising out of or related to this Agreement shall be submitted to mediation as a condition precedent to binding arbitration. The parties shall endeavor to resolve any disputes by mediation before a mutually agreed upon third party mediator. The mediation shall be held in the City of Montgomery, Alabama. Agreements reached in mediation shall be enforceable as settlement agreements in the Circuit Court of Montgomery County, Alabama. For any claim not resolved by mediation, the parties agree that such claim shall be resolved by binding arbitration which shall be administered by the American Arbitration Association (AAA) in accordance with its applicable rules in effect on the date of this Agreement. The arbitration will be conducted in the City of Montgomery, Montgomery County, Alabama. A demand for arbitration shall be made in writing, delivered to the other party, and filed with AAA. The award rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. This Agreement to arbitrate shall be specifically enforceable under applicable law in any court having jurisdiction thereof.
SHOOTING INSTRUCTION AND PROPERTY RULES: - Eye and ear protection are required for shooters and observers at all times in designated shooting areas. - Treat every firearm as if it is loaded and keep the muzzle pointed in a safe direction at all times. - Keep your finger off the trigger until instructed and ready to shoot. - Never point a firearm at another person. - The Minor must immediately follow all instructions given by Auburn Oaks instructors and staff. - The Minor may only load, unload or discharge a firearm when directed or permitted by the instructor. - The Minor must immediately notify the instructor of any firearm malfunction, unsafe condition, injury or concern and must not attempt to clear a malfunction unless directed. - No alcoholic beverages are allowed in shooting areas, and no participant may shoot while impaired. - Do not approach trap equipment or go downrange unless specifically directed by Auburn Oaks staff. - Only firearms, ammunition and equipment approved for the lesson or course may be used. - Any infraction of these rules may result in immediate termination of the lesson and removal from the property without refund. *Other rules may be posted or otherwise communicated and must be followed. |