South Florida Shooting Club, Inc.
Acknowledgment of Risk
Release and Indemnity Agreement
The individual named below (referred to as "I" or "me") desires to participate in the Activities (defined below) provided by South Florida Shooting Club, Inc., a Florida corporation (the “Club”). The Activities are provided at the Club’s facilities, including, without limitation the clubhouse, grounds, equipment, and shooting range (the “Facilities”). In consideration of being permitted by the Club to participate in the Activities, the intangible value that I will gain by participating in the Activities, and in recognition of the Club’s reliance hereon, I agree to all the terms and conditions set forth in this instrument (this "Release").
“Activities” mean and include, without limitation: (i) use of and/or presence at the Club Facilities (including the shooting range) in any manner, (ii) use of Club equipment and property (including the use of golf carts (private and/or owned by the Club)); (iii) firearm training (including safety courses, marksmanship training, and instruction on different types of firearms); (iv) target practice (including engaging in target shooting using various firearms such as pistols, rifles, and shotguns); (v) competing (including organized shooting competitions, which can vary in format); (vi) shooting (including activities such as target shooting, trap shooting, skeet shooting, and sporting clays); (vii) attending trips and/or outings organized by the Club; (viii) meetings, workshops, social events, and/or gatherings; (ix) attending/participating in events (including guest events, special events, such as charity fundraisers, charity shoots, or themed shooting competitions); (x) watching or participating in demonstrations; (xi) observing others participating in Activities, (xii) contributing to volunteer efforts or workdays to maintain and enhance Club Facilities; and (xiii) any other partaking/involvement whatsoever while at the Club, whether sponsored by the Club or any other person or entity.
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE POTENTIALLY DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF PERSONAL, EMOTIONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY (INCLUDING, WITHOUT LIMITATION PARTIAL OR TOTAL LOSS OF EYESIGHT OR HEARING OR PARALYSIS), DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. I ACKNOWLEDGE THE RISKS MAY INCLUDE, BY WAY OF EXAMPLE AND NOT LIMITATION, BEING SHOT, WHETHER BY MYSELF OR OTHERS, INHALATION OR OTHER HARMFUL CONTACT WITH LEAD, BRASS, GUNPOWDER, CLEANING SOLVENTS, AND OTHER CONTAMINANTS, AND BEING STRUCK BY FLYING OR FALLING OBJECTS. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OR GROSS NEGLIGENCE OF THE CLUB, INCLUDING NEGLIGENT OR GROSS NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE CLUB. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROMTHE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF THE CLUB OR OTHERWISE.
I hereby expressly waive and release (on behalf of myself, my estate, heirs and my personal representatives) any and all claims, now known or hereafter known, against the Club and South Florida Shooting Grounds, LLC, a Florida limited liability company, and each of its and their respective officers, directors, partners, agents manager(s), employees, agents, affiliates, shareholders/members, successors, and assigns (collectively, "Releasees"), on account of injury, disability, death, or property damage arising out of or attributable to my participation in the Activities, whether arising out of the negligence or gross negligence of the Club or any Releasees or otherwise. I covenant not to make or bring any such claim against the Club or any other Releasee, and forever release and discharge the Club and all other Releasees from liability under such claims. This waiver and release does not extend to claims for intentional torts or any other liabilities that Florida law does not permit to be released by agreement.
I shall defend, indemnify, and hold harmless the Club and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by/awarded against the Club or any other Releasees, arising out of or resulting from any claim (including third party claim and/or any direct claim) related to the Activities, including any claim related to my own negligence or the negligence of the Club and/or any other Releasees.
I understand and acknowledge that amateur or commercial still video, videography and other motion picture photography may occur during my presence at the Facilities and that I may be incidentally included in such photography. Should I wish to be excluded from such photography, I understand that it is my responsibility to be aware of the photography activity and remove myself from the area or event being photographed. Absent such action on my part, I hereby grant the Club, it’s sponsors and beneficiaries, the right to use my photographic images in the promotion of the Club, or shooting sports in general, in accordance with accepted journalistic practice.
I understand and acknowledge that my use of the Facilities and participation in the Activities is subject to all bylaws, rules and regulations promulgated by the Club, from time to time. I understand and acknowledge that the use of golf carts (whether or not privately owned) are restricted to drivers who will operate the cart in a safe, prudent manner and in accordance with all governmental and state regulations and further acknowledge and agree that each operator of a golf cart must be at least eighteen (18) years of age and possess a valid learner’s driving license or a valid driver's license.
I acknowledge and understand that none of the Releasees make any representation or warranty as to the design, manufacture, maintenance, condition or fitness for any particular purpose of the Facilities or equipment at or available at the Club (including, but not limited to, the range, firearms, ammunition, eye/hearing protection, and first aid supplies).
I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activities. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Club from any claim based on such treatment or other medical services.
This Release constitutes the sole and entire agreement of the Club (and other Releasees) and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Club (and other Releasees) and me and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Martin County, Florida and I hereby consent to the exclusive jurisdiction of such courts.