Upon entering Range 129, I understand that I am entering a private Archery shooting range at my own risk. By entering this property, it is at my own risk and peril as I acknowledge the liabilities and dangers that exist in my use of any Archery Equipment, all accessories and my participation in Archery shooting activities that may include any use of the outdoor elevated shooting platform. FIRST, I acknowledge and understand that Archery shooting activities are inherently hazardous and involve both known and unanticipated risks which could result in damage or destruction of property and physical or emotional injury, including paralysis or death, of myself or of other persons and I assume the risks that could result in physical and/or emotional injury, paralysis, death, or damage to myself, to property, or to third-parties. The risks include, but are not limited to; flying arrows or bolts, flying debris, noise, being shot by or shooting myself or others, partial or total loss of eyesight and being struck by flying or falling objects. As such, I understand that such risks cannot be eliminated without compromising the essential qualities of shooting activities. SECOND, I acknowledge and understand that Range 129 reserves the right to eject from the premises any individual who violates any of the rules of Range 129 or otherwise acts in any unsafe manner as determined by the staff of Range 129. The undersigned agrees to peaceably leave the premises of Range 129 if so ejected, after paying for all services and any damage that I may have caused to Range 129 property. THIRD, in consideration of the acceptance of my participation, directly or as a spectator or observer, in any activity, class, competition, archery range rental, bow rental, or other use of the facilities of Range 129, collectively hereinafter referred to as; "Activity", the undersigned agrees to assume the risks incidental to such participation and, on my own behalf and on behalf of my heirs, executors and administrators, I agree to Release, Indemnify, Defend, Hold Harmless, a Covenant not to Sue and Forever Discharge Range 129 and related, affiliated and subsidiary companies, and the officers, directors, employees, volunteers, agents, representatives, insurers, successors, heirs and assigns of each, of and from fault, liabilities, costs, expenses, claims or demands for damages, causes of action, attachments of property, injury, death or financial compensation of any nature arising out of or in any way connected with my participation in any such Activity. FOURTH, I agree to Release, Indemnify, Defend, Hold Harmless, a Covenant not to Sue and Forever Discharge Range 129 from all lawsuits arising out of, related to or connected with: the discharge of archery equipment; the course of instruction, the Range 129 Indoor and Outdoor Archery Ranges that include the elevated shooting platform, buildings, land and premises and my presence on or use of said premises. In the event that any such claim, demand or lawsuit arise or be asserted in any way whatsoever related thereto, whether arising under the laws of the United States of America, the State of New Jersey, the County of Atlantic and the City of Absecon, or under any theory or law or equity, I agree to Release, Indemnify, Defend, Hold Harmless, a Covenant not to Sue and Forever Discharge Range 129 from any and all costs, expenses, or liability including, but not limited to, the cost of any settlement or judgment made or rendered against Range 129, whether individually, jointly or in solidarity with the undersigned, together with all costs and other costs or expenses incurred in connection with any such claim, demand or lawsuit including attorney's fees. FIFTH, I acknowledge and understand that Range 129 makes no warranty as to the design, manufacture, maintenance, condition or fitness for any particular purpose of any range facilities or equipment, including, but not limited to; bows, arrows, bolts, field points, releases and first-aid supplies. I agree to assume any and all responsibility and liability for any act or acts, even any negligent, reckless or criminal act or omission to act, of my guests at the range and for minors under my supervision. Also, I agree to supervise and be responsible for any minor in my care while on the property and I shall be personally responsible for my safety and the safety of minors under my supervision and for the safety of my guests. SIXTH, I waive for myself and my executors, administrators, assignees or heirs, any and all rights and claims for damages, losses, demands and any other actions whatsoever, which I may have or which may arise against Range 129, including but not limited to any and all injuries, damages or illnesses suffered by me or my property, which may, in any way whatsoever, arise out of, be related to or be connected with; 1. the course of instruction; 2. the premises, including any latent defense in the premises; 3. my presence on or use of said premises; 4. my property, whether or not entrusted to Range 129 and; 5. the discharge of arrows or bolts. Range 129 shall not be liable for, and I hereby expressly agree to Release, Indemnify, Defend, Hold Harmless, a Covenant not to Sue and Forever Discharge Range 129 from any and all such claims on behalf of myself and my executors, administrators, assignees, or heirs. SEVENTH, I acknowledge and understand that Range 129 has no duty to undertake first-aid or rescue operations or procedures in the event any such property damage or physical or emotional injury occurs. In entering into this Agreement, I hereby grant Range 129 a Limited Power of Attorney and authorization to obtain, at my cost, any and all emergency medical treatment, which may be needed by me as a result of participation in any Activity. For the purposes of this Agreement, emergency medical treatment means medical care or treatment necessitated by a sudden, unexpected situation demanding immediate medical attention. As such, I Release, Indemnify, Defend, Hold Harmless, Covenant not to Sue and Forever Discharge Range 129 of and from all liabilities, claims, actions, damages, costs or expenses of any nature arising out of or in any way connected with the exercise or the failure to exercise such Limited Power of Attorney and authorization, whether negligent or otherwise. Accordingly, I expressly agree that this Agreement is intended to be as broad and inclusive as permitted by law, and that if any provision of this Agreement is held illegal, invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby, and such invalid part, term or provision shall not be deemed part of this Agreement. Further, I agree that any ambiguities in this Agreement shall not be construed in favor or against any party by virtue of that party having drafted the Agreement. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedy hereunder shall not constitute any waiver of the right to pursue other available remedies. Therefore, I certify that I am entering into this Agreement on my own behalf. I expressly understand that the aforementioned Activity includes the discharge of bows and the firing of arrows and bolts. I further certify that I have completely read the foregoing and I expressly agree. Wherefore, I have read, agree and understand the Range 129 Archery Range Rules, this Archery Liability Waiver and was given the opportunity to ask for clarification of any of the rules before signing this Agreement.
November 23, 2024 |
