SPECIAL EVENTS RELEASE This waiver will covers National Hunting and Fishing Day’s, September 27, 28, and 29th. I, the below-named person, being age eighteen (18) or above, or the legal guardian of the below-named person who is under the age of eighteen (18) (collectively, “Participant” or “I”), in consideration of the services to be provided by Bass Pro Outdoor World, L.L.C., a Missouri limited liability company (“BP”) and the right to engage in the above-described event (the “Event”) as a participant and/or volunteer, hereby acknowledge, agree, promise and covenant with the “Released Parties” (as herein defined), on behalf of myself, my heirs, assigns, agents, executors, administrators, personal representatives and estate as follows: SECTION 1: REPRESENTATION OF AUTHORITY/ACKNOWLEDGMENT OF EFFECT Any Participant signing this Release on behalf of a Participant which is a minor or ward represents to the Released Parties that they are fully authorized to execute this Release on such behalf. Participant agrees, promises and covenants to hold harmless and indemnify BP and its owners, officers, managers, members, directors, employees, attorneys, agents and/or related or affiliated entities (collectively, the “Released Parties”) from any and all liabilities, judgments, settlements, costs and expenses, including reasonable attorneys’ fees incurred in defending any claim arising in connection with my participation in the Event, including, without limitation, any claim for bodily injury, death or property damage which may occur. SECTION 2: RELEASE OF LIABILITY FOR NEGLIGENCE. PARTICIPANT HEREBY, FOR THEMSELVES, THEIR WARD OR MINOR CHILD, THEIR HEIRS, THEIR ADMINISTRATORS AND THEIR SUCCESSORS, VOLUNTARILY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ALL CLAIMS FOR BODILY INJURY, PROPERTY DAMAGE, DEATH, MEDICAL EXPENSES AND OTHER FINANCIAL LOSSES OCCURRING TO PARTICIPANT WHILE PARTICIPANT IS PARTICIPATING IN THE EVENT INCLUDING THOSE ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES. IN SIGNING THIS RELEASE, I FULLY RECOGNIZE THAT IF ANYONE IS HURT, INJURED OR KILLED, OR IF MY PROPERTY OR THE PROPERTY OF ANY OTHER PERSON OR PARTICIPANT IS DAMAGED, I SHALL HAVE NO RECOURSE AGAINST ANY OF THE RELEASED PARTIES FOR SUCH INJURY OR DAMAGE, OR THE COST INCURRED THEREWITH, EVEN IF SUCH INJURY OR DAMAGE RESULTS FROM THE NEGLIGENCE OF THE RELEASED PARTIES. SECTION 3: WARNINGS AND ASSUMPTION OF RISK. Participant acknowledges and agrees that there are risks involved with the Event, including increased heart stress and the chance of musculoskeletal injuries which can result in serious injury or death. Participant understands that there are inherent elements of risk of injury or death always present in connection with any activity such as the Event despite all safety precautions. By volunteering to participate in the Event, Participant acknowledges and agrees to assume all responsibility for all risks and expressly waives any right or cause of action for personal damage or injury against the Released Parties. In particular, Participant acknowledges and accepts responsibility for injuries arising out of those activities which involve risk in any of the following areas: 1. The participation in group activities related to the Event; Archery, Fishing Pond, Kayaking, Carnival rides to include Ferris wheel and swings, BB Gun range, Inflatable bounce house locations, Axe/Tomahawk throwing.
2. Incidents that occur within the locker rooms, dressing rooms, showers, and other areas located on the premises of BP;
3. Acts or omissions of other persons, participants, or volunteers in the Event;
4. Weather conditions;
5. Any first-aid, emergency treatment or other services rendered, provided or furnished by the Released Parties;
6. The consumption of any food or drink during the Event; and
7. The behavior, death or disease of any animals during the Event. Additionally, Participant also represents and covenants that, to Participant’s knowledge, Participant has no limiting physical conditions or disability that would preclude Participant's participation in the Event. SECTION 4: ENTIRE AGREEMENT/MISSOURI LAW/PARTIAL INVALIDITY. This Release constitutes the final and entire agreement concerning the Event. The validity, interpretation, performance and enforcement of this Release shall be governed exclusively by the laws of the State of Missouri (without giving effect to any choice or conflict of law provision). BP and Participant hereby irrevocably and unconditionally consent to the exclusive jurisdiction of the courts of Greene County, Missouri (or if any legal action is originally filed in or removed to Federal court, sole proper venue shall be in the United States District Court for the Western District of Missouri, Southern Division), for any action, suit or proceeding arising out of or relating to this Release. In the event any term of this Release shall be determined to be illegal or unenforceable, this Release shall remain in full force and effect as to all other terms. SECTION 5: CONSIDERATION. By execution of this Release, Participant acknowledges and agrees that the right to participate in the Event is good and sufficient consideration for the premises and covenants contained in this Release. SECTION 6: PUBLICITY. Participant for and on behalf of his/herself and his/her minors grant permission to BP and its related or affiliated entities to publish in any form any photographs or video of Participant while participating in the Event and agrees that no payment shall be due Participant and/or Participant’s minor children for the publishing or other use thereof. MY SIGNATURE BELOW INDICATES THAT I HAVE READ THIS ENTIRE DOCUMENT AND BY EXECUTION OF THIS RELEASE, PARTICIPANT WARRANTS THAT HE/SHE HAS READ AND FULLY UNDERSTANDS IN ITS ENTIRETY THAT THIS RELEASE INCLUDES A RELEASE OF LIABILITY FOR NEGLIGENCE AND WARRANTS THAT HE/SHE SIGNS THIS DOCUMENT OF HIS/HER OWN FREE WILL
Date Signed: December 22, 2024 |