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RELEASE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT

The Sporting Club at the Farm
4939 SR-111 - New Albany, IN 47150
www.TheFarmSC.com

RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT

The Sporting Club at the Farm · 4939 State Road 111, New Albany, IN 47150 · www.TheFarmSC.com

READ CAREFULLY. THIS DOCUMENT GIVES UP LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE. Every shooter and spectator must sign before entering the course or any shooting area.

1. Parties and Activities. In this Agreement, "I," "me" and "my" mean the person signing and any minor I sign for. "Releasees" means The Farm SC, LLC d/b/a The Sporting Club at the Farm; Mussel Mound LLC; every owner, lessor and lessee of the property; and each of their parent, affiliated and related companies, members, managers, owners, officers, directors, employees, instructors, coaches, guides, range officers, volunteers, agents, independent contractors, insurers, successors and assigns. It also includes any club, team, league or group shoot host using the property with The Farm's permission. "Activities" means all shooting activities on the property and everything connected with them. This includes sporting clays, 5-stand, trap, skeet, FITASC and other shotgun shooting; lessons, clinics, leagues, group shoots and competitions; guided hunts, including hunts with dogs; watching any of these as a spectator; riding in or driving golf carts, UTVs or ATVs on the course; walking the course, fields and paths; and using any firearm, equipment or facility in connection with shooting.

2. Inherent Risks. I understand the Activities involve known and unknown risks. They can result in serious injury, permanent disability, paralysis, emotional distress, death, and damage to or loss of property. These risks include, but are not limited to: being struck by shot, pellets, ricochets, falling shot or target fragments; firearm, ammunition, choke or equipment malfunction, including my own firearm or ammunition; the careless or reckless acts of other shooters, spectators or drivers; hearing loss and eye injury, even with protection; exposure to lead and other substances from ammunition and targets; trips, slips and falls on uneven, wet, muddy, steep or wooded ground; weather, including lightning, heat, cold and storms; ponds and other bodies of water; wild and domestic animals, including hunting dogs, snakes, insects and ticks and the illnesses they carry; golf cart, UTV and ATV rollovers, collisions and ejections; and my own physical condition and actions.

3. ASSUMPTION OF RISK.  I VOLUNTARILY ASSUME ALL RISKS OF THE ACTIVITIES, BOTH INHERENT RISKS AND RISKS CAUSED BY THE NEGLIGENCE OF THE RELEASEES. I will stop participating immediately and tell staff if I believe any condition is unsafe or I am not physically able to continue.

4. RELEASE AND WAIVER, INCLUDING NEGLIGENCE.  On behalf of myself, my spouse, children, heirs, executors, personal representatives, estate and assigns, I RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the Releasees for any and all claims, demands, losses, damages and causes of action of any kind. This covers claims for personal injury, illness, death and property damage arising out of or connected with the Activities, my presence on the property, or my use of any equipment or facility, INCLUDING CLAIMS ARISING FROM THE NEGLIGENCE OF THE RELEASEES, whether active or passive. This release does not apply to gross negligence, willful or wanton misconduct, or intentional acts, to the extent the law does not permit them to be released.

5. INDEMNIFICATION.  I agree to defend, indemnify and hold harmless the Releasees from any claims, losses, costs and reasonable attorney's fees that are (a) brought by me, my minor, or anyone on our behalf in breach of this Agreement, or (b) brought by any other person and caused in whole or in part by my acts or omissions or those of my minor, including how we handle, load, fire or carry a firearm or drive a cart or vehicle.

6. Minors. [ if signing for a minor] I certify that I am the parent or legal guardian of each minor listed and have legal authority to sign for them. I agree on behalf of the minor to everything in this Agreement. I also release, for myself, any claim I may have for the minor's injury or death, including medical expenses and loss of services, INCLUDING CLAIMS ARISING FROM THE NEGLIGENCE OF THE RELEASEES. I will indemnify the Releasees against any claim brought by or for the minor. Unless they are on an approved youth team or in a lesson with a Farm instructor, minors must be directly supervised at all times by a parent, guardian or responsible adult age 21 or older, within arm's reach while shooting. [Confirm your minimum shooting age and ratio before publishing.]

7. Personal Firearms and Equipment. If I bring a firearm or ammunition, I confirm that I may lawfully possess it and that it is in safe working order. I accept sole responsibility for its condition, use and security. The Farm may inspect or refuse any firearm or ammunition. I will pay for loss of or damage to Farm-owned firearms, golf carts, UTVs or other property caused by me or my minor.

8. Golf Carts, UTVs and ATVs. Only a person holding a valid driver's license may drive. Every rider must remain seated. I accept all risks of riding or driving, including rollovers, collisions and items falling off. I am responsible for injuries and damage caused by my operation. Staff may remove driving privileges at any time without refund.

9. Alcohol and Drugs. No alcohol is allowed before or during shooting or in any shooting area. Anyone who shoots after drinking, or appears impaired by alcohol or drugs, will be removed without refund.

10. Medical Condition and Emergency Care. I confirm I have no medical or physical condition that would make the Activities unsafe for me or my minor, or else I accept that added risk. I authorize Releasees to get or give emergency first aid and medical treatment and transport for me or my minor. They are not required to do so. I will pay all resulting costs, and I confirm I have health insurance or will pay for my own injuries.

11. Photo and Video Release. I allow The Farm to use photos, video and audio of me and my minor taken on the property for promotional purposes, without payment. I can opt out by notifying The Farm in writing or by telling staff at check-in.

12. Safety Rules. I have read, and will follow, The Farm's Safety Rules below, posted signs and all staff instructions. I understand staff may remove me or my minor for any violation or unsafe conduct without refund, and memberships may be suspended or ended.

13. Indiana Agritourism Warning.WARNING: Under Indiana law, an agritourism provider is not liable for an injury to, or the death of, a participant in agritourism activities at this location if the death or injury results from the inherent risks of agritourism activity. Inherent risks of agritourism activities include risks of injury inherent to land, equipment, and animals as well as the potential for you to act in a negligent manner that may contribute to your injury or death.[Wording per IC 34-31-9-14 as summarized by FindLaw. Have your attorney verify it word-for-word against the official code.]

14. Term. This Agreement covers today's visit and every visit for 12 months after I sign it. It also covers any later visit for which I have not signed a new agreement.

15. Governing Law, Venue and Severability. This Agreement is governed by Indiana law. Any lawsuit must be filed only in the state or federal courts serving Floyd County, Indiana. This Agreement is meant to be as broad as Indiana law allows. If any part is held invalid, the rest remains in full force.

16. Acknowledgment.  I HAVE READ THIS AGREEMENT, I UNDERSTAND IT, AND I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE FOR NEGLIGENCE. I sign it voluntarily. I am at least 18 years old. I understand the Activities would not be offered at the current price, or at all, without this release.

THE SPORTING CLUB AT THE FARM SAFETY RULES

  1. First-time shooters must read these rules and this Agreement before shooting.
  2. Eye and ear protection are required for all shooters, spectators and staff in and near shooting areas.
  3. Check in at the clubhouse and get your field assignment before shooting. Return to the clubhouse when finished.
  4. Use only the correct gauge (12, 20, 28 or .410) ammunition for your gun. Only #7½, #8 and #9 shot is allowed. [Confirm 28 ga.]
  5. Guns stay unloaded with the action open at all times except on a shooting station.
  6. Load no more than two shells for sporting clays or 5-stand.
  7. Load and shoot only from inside a designated station. Only wheelchair shooters may shoot beside a station, and only when staff approve it.
  8. Only one shooter and one loaded gun per station at a time. There is never a backup shooter.
  9. Unload and open the action before leaving a station.
  10. On a misfire or malfunction, keep the muzzle downrange, open the action carefully, unload and check the barrel for obstructions.
  11. Never leave a gun unattended.
  12. Never enter a trap house or target staging area. Only Farm staff may load or repair machines.
  13. No live-game shooting on the clays course.
  14. No alcohol before or during shooting or in any shooting area. Anyone who appears impaired will not be allowed to participate.
  15. Golf carts and UTVs: licensed drivers only; no speeding (faster than a jog, or as staff judge); all riders seated; park off to the side of the path, leaving room to pass. Speeders will be asked to leave with no refund.
  16. Report every safety violation to staff.
  17. The Farm may refuse service to anyone and may inspect any firearm or ammunition brought onto the property.


First Participant's Name
First Name*
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.

PARENT OR GUARDIAN AGREEMENT
(Must be completed for participants under the age of 18)

In consideration of Minor listed above being permitted to participate in this activity, I further agree to indemnify and hold harmless Releasees from any claims alleging negligence which are brought by or behalf of minor or are in any way connected with such participation by minor.



By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Last Name*
Relationship*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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