Today's Date: October 6, 2022
WAIVER AND RELEASE AGREEMENT
Please read carefully before signing.
This is a release of liability and waiver of certain legal rights. In consideration of the participation in the Activities defined herein below and the use of the services, equipment, facilities, premises, and shotguns of Garland Mountain, LLC (hereinafter “Garland Mountain”), I, the “Participant”, and if the Participant is less than 18 years of age or otherwise has a legal guardian, the “Minor”, I, as Participant’s parent or legal guardian, the “Parent”, understand, acknowledge and agree as follows: Definitions. This “Agreement” shall mean this Waiver and Release Agreement. For purposes of this Agreement, “Activities” shall include, but not be limited to, the participation in or observation of various shotgun sports, handling and shooting of shotguns and ammunition, clay target throwers (hereinafter “Trap Machines”) driving or riding in golf carts or other on- or off-road vehicles (hereinafter referred to as “Golf Carts” or collectively as “Vehicles”), attending events and any other use of the facilities at Garland Mountain. Acknowledgements. I understand that the Activities at Garland Mountain have inherent risks, hazards, and dangers for anyone that cannot be eliminated. I understand that the risks, hazards and dangers include, without limitation:
1. The risk of injury, death or damage to property from handling shotguns and ammunition or being near other individuals properly or improperly handling shotguns and ammunition.
2. The risk of injury, death or damage to property from gunshot wounds, projectiles, shrapnel and ricochet.
3. The risk of injury, death or damage to property from faulty shotguns or ammunition that may explode.
4. The risk of injury, death or damage to property from targets and Trap Machines projecting targets at high rates of speed capable of hitting persons and property.
5. The risk of injury, death or damage to property from the operation of Vehicles, tractors and equipment including, but not limited to, being struck by such a Vehicle, Vehicles overturning, traveling off path, loss of Vehicle control, Vehicles traveling too fast, overloaded Vehicles or Vehicle wrecks.
6. The risk of injury, death or damage to property from dogs or other domestic animals which may be present on the premises including, but not limited to, dog bites.
7. The risk of injury, death or damage to property from populations of wildlife capable of biting or otherwise harming humans, such as, bear, snakes, deer, feral hogs and poisonous or disease carrying insects.
8. The risk of injury, death or damage to property from heavily wooded, mountainous terrain located on the premises that may be uneven and steep containing ruts, roots, loose dirt and rocks, vegetation, stairs, platforms or other obstructions or fixtures which may cause a slip and fall or Vehicle wreck.
I understand that the safe use of the firearms, ammunition, Garland Mountain’s premises and the above Activities requires good physical and mental condition and a degree of skill and knowledge. I believe that myself and the Minor, if applicable, have good physical and mental conditioning and degree of skill and knowledge necessary for me and the Minor, if applicable, to safely engage in the activities above and any other activities on Garland Mountain’s premises as well as the rules below. Both myself and the Minor, if applicable, are under no disabilities and are otherwise lawfully able to use and possess firearms and ammunition. I understand that all shotguns and ammunition are provided in an AS IS, WITH ALL FAULTS condition and Garland Mountain DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, regarding the condition of the shotguns or ammunition or the fitness thereof. I understand Garland Mountain, its owners, officers, agents, employees, contractors, instructors and assigns are not responsible for the condition of any shotguns or ammunition. I understand that it is my responsibility to inspect and maintain such shotguns and ammunition in a good and fit condition. Assumption of Risks. I understand that the risks and dangers described above and all other risks of any kind or nature, inherent or not, may result in all manners of trauma including, without limitation, breaks, sprains, wounds, abrasions, eye injury, serious injury and even death. I acknowledge and assume all such risks and all other risks whatsoever, inherent and otherwise, whether or not described above. If the Participant is a Minor I, the Parent, have discussed the Activities and risks with the Minor, who understands them and wishes to participate, nevertheless. The Participant and the Parent both jointly and independently agree to the terms of this Agreement. Release. I, for myself, and, if applicable, on behalf of the Minor, to the maximum extent allowed by law, hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Garland Mountain, its owners, officers, agents, employees, contractors, instructors and assigns (hereinafter referred to as “Releasees”) from any and all liability, claims, demands, actions and causes of action whatsoever arising from or related to any loss, damage or injury, including death, that may be sustained by me or the Minor, or to any property belonging to me or the Minor or anyone else, while performing or taking part in the Activities. I, for myself and, if applicable, on behalf of the Minor, to the maximum extent allowed by law, hereby agree to INDEMNIFY AND HOLD RELEASEES HARMLESS from any and all losses, damages, suits, penalties, costs, liabilities and expenses (including, but not limited to, reasonable attorney fees) arising out of any claim against any Releasees for personal injury, loss, damage to property, violation of laws, ordinances, rules, regulations or government actions, caused by, relating to or resulting from my or the Minor’s participation in the Activities. I understand Garland Mountain reserves the right to deny or terminate a Participant’s participation in its Activities at any time, at Garland Mountain’ssole discretion. I understand that this Agreement does not give me the right to enter onto Garland Mountain’s premises without prior consent. Medical Consent. I hereby authorize and grant permission to Garland Mountain, at my own expense, to secure emergency medical treatment for myself and, if applicable, the Minor. I have insurance sufficient to cover medical costs that may be incurred, and, in any event, I agree to be responsible for all such costs. I represent that neither myself nor the Minor, if applicable, have any mental or physical condition that might create risks to ourselves or to others. Photo and Video Release. For valuable consideration received, I hereby grant to Garland Mountain and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs or video images of me, or in which I may be included, taken during my participation in, or the observation of, the activities at Garland Mountain, for editorial, trade, advertising and any other purpose and in any manner and medium, to alter the same without restriction and to copyright the same. This includes any and all legal uses. I hereby release Garland Mountain and its legal representatives and assigns from all claims and liability relating to the use of said photographs and images. Rules and Conditions. I agree to abide by all rules, Course Rules and regulations of Garland Mountain and to follow the directives and instructions of all owners, officers, agents, employees, contractors, instructors and assigns of Garland Mountain. I ACKNOWLEDGE AND AFFIRM I HAVE READ AND AGREE TO ABIDE BY THE COURSE RULES BELOW. Miscellaneous. This Agreement shall be governed by the laws of the State of Georgia, and any claim, cause of action or other dispute related to this Agreement shall be brought solely in a court of competent jurisdiction in Cherokee County,Georgia. It is the intention of the parties hereto that this Agreement be as broad and inclusive as is permitted by the laws of the State of Georgia, and if any portion is held to be invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. No provision in this Agreement may be changed, waived, discharged or terminated except by the express written consent of both parties. In signing this Agreement, I, for myself, and on behalf of the Minor , if applicable, acknowledge and affirm that I have read the foregoing in its entirety, understand it, and sign it VOLUNTARILY. No oral representations, statements or inducements apart from the foregoing written provisions have been made. This Agreement shall be binding on the persons signing below, the Minor, if applicable, and their respective heirs, successors and assigns. I execute this Agreement for full, adequate and complete consideration, fully intending to be bound by the terms hereof.
For ALL Participants of any age: I HAVE READ THIS AGREEMENT, WHICH INCLUDES AGREEMENTS OF ASSUMPTION OF RISK, RELEASE AND INDEMNITY, IN ITS ENTIRETY, AND I AM SIGNING IT ON MY OWN BEHALF WITH FULL KNOWLEDGE AND UNDERSTANDING.
October 6, 2022
Guardian of Minor signs in addition to the Participant above: I AM THE PARENT OR LEGAL GUARDIAN OF THE MINOR, AND I HAVE READ THIS AGREEMENT, WHICH INCLUDES AGREEMENTS OF ASSUMPTION OF RISK, RELEASE AND INDEMNITY, IN ITS ENTIRETY. I AM SIGNING THIS AGREEMENT ON MY OWN BEHALF AND WITH FULL KNOWLEDGE AND UNDERSTANDING ON THE BEHALF OF THE PARTICIPANT, AND I AGREE TO SAID PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES.
October 6, 2022
1. Never enter, look into or stand in front of the opening of a Trap Machine or trap house. Never attempt to fix a Trap Machine. Notify the Garland Mountain staff at once of any Trap Machine problems or safety issues.
2. Never enter onto the target area where the Trap Machines are located.
3. No alcoholic beverages are allowed on any of the shooting courses, designated shooting areas, or in any of the parking areas. No one may participate in any shooting activity or otherwise discharge a shotgun if the individual consumed any amount of alcohol on the premises or is in any way under the influence of alcohol or drugs, including lawfully prescribed drugs. Alcohol may be consumed at the restaurant only AFTER shooting activities have been completed for the day. Prior to consuming alcohol at the restaurant all firearms must be unloaded, properly stored and locked in the Vehicle or, if rented, returned to Garland Mountain.
4. Protective glasses and ear protection must be worn at all times on any of the shooting courses and designated shooting areas.
5. A shotgun may be loaded only when a shooter is in a station window, the shotgun is over the rail and the target area is deemed clear and safe. The shotgun shall be unloaded only while the shotgun is over the rail and in the station window. The shotgun shall then be placed on a rack or carried vertical with the action open. When leaving any station, shooting course or designated shooting area, all shotguns shall be unloaded with the action is open and carried in a vertical position.
6. No practice mounts or swings are allowed except while in the station window, the shotgun is over the rail and the target area is deemed clear and safe. Never point a shotgun at persons or structures.
7. No more than TWO shells may be present in a shotgun. The largest shot size permitted on any shooting course or designated shooting area is #7 1/2 (i.e. # 8, 9 allowed – NO slugs and NO #6 or larger).
8. Never handle another Participant’s shotgun without their permission.
9. It is forbidden to shoot at any live game or animals.
10. It is forbidden to shoot trap machines, trap houses, shooting stands, or any other structures.
11. All shots must be taken ONLY from inside a station shooting window with the shotgun over the rail. Shooting from anywhere else, including next to or in front of a station, is strictly prohibited.
12. You must pick up your hulls, boxes and other debris.
13. If the Participant utilizes a Garland Mountain Golf Cart or Vehicle owned by the Participant, the Participant understands the facility is heavily wooded on mountainous terrain that may be uneven and steep containing ruts, roots, loose dirt and rocks, vegetation, stairs, platforms or other obstructions or fixtures. Safe, responsible driving is required at all times. When approaching or driving on steep grades the Participant shall proceed slowly, with extreme care and apply brakes evenly. Slow down and proceed with care when approaching Vehicles, persons, stations, wildlife or obstructions.
14. No bumping or running into other Vehicles, persons or other objects. No speeding in Vehicles. Speeding is considered driving faster than an average person jogging. Speeders will be asked to leave for the day with no refund. NO WARNINGS!!!
15. All persons in Vehicles must be seated. Do not exit a Vehicle until same is stopped with the parking brake engaged. No hanging or standing on or in the back of Vehicles. No more than 4 riders per rental Golf Cart.
16. Garland Mountain is not responsible for any damages to your person or any shotgun or equipment that falls out of or off of a Vehicle for any reason, whether the Vehicle, shotgun or equipment is yours or Garland Mountain’s. Drivers of any rental Golf Cart, whether yours or Garland Mountain’s, must possess a valid automobile driver’s license.
17. Any damage to Garland Mountain’s rental Golf Cart or other Vehicle caused by the direct or indirect result of improper use including, but not limited to, speeding, erratic driving or improper braking will be the responsibility of the party renting the Golf Cart and you will pay for all loss of or damage to the Golf Cart and/or Vehicle regardless of who or what caused the damage. If the Vehicle is damaged, you will pay the estimated repair or replacement cost.
18. Any damage to Garland Mountain’s rental shotguns will be the responsibility of the renting party. You will pay estimated repair or replacement cost.
19. You are responsible for ensuring all equipment and shotguns are properly secured in Vehicles. Shotgun racks in rental Golf Carts cannot be guaranteed to hold shotguns securely.
20. Never drive or cause a Golf Cart or Vehicle to travel off the designated paths. Always park off to the side of the road but remain on the road. Leave room for others to pass safely.
21. Utilize stairs and handrails to any shooting stations equipped with same. If you know you are incapable or are uncertain whether you are capable of safely utilizing any part of the facility, do not proceed. We recommend the 5-stand course for elderly and handicapped who are certain they are capable of safely using the 5-stand course.
22. The Parent or legal guardian is responsible for ensuring the Minor complies with the Course Rules at all times.
23. NO PISTOLS OR RIFLES. USE OF THESE PROHIBITED FIREARMS JEOPARDIZES THE SAFETY OF YOU AND OTHERS. The only authorized firearms are field shotguns with a minimum barrel length of 24 inches (i.e. no pistol grips or collapsible stocks).
I have read and understand all rules listed above