Waiver & Release – Wing Pointe Sporting Clays, LLC In exchange for the opportunity to participate in clays and other types of shooting or any related or unrelated events or activities (collectively the "Events") offered by Wing Pointe Sporting Clays, LLC at its facilities (the "Facilities"), I understand and agree as follows: - That my participation in any Events and/or my use of any of the Facilities has inherent risks and dangers, and that in order to participate in the same I am willing to and do assume all the related inherent risks and dangers of the same (see (c) below for more detail); and
- That I am also willing to and do waive and release Wing Pointe Sporting Clays, LLC, as well as its affiliates, members, officers, employees, agents, and all other related parties, of and from all existing and future claims, actions, suits, damages, liabilities or losses, including those relating to personal injury, death or property damage, that I might have or sustain as a result of my participation in any of the Events or use of the Facilities (see (d) below for more detail); and
- That I understand and agree to the additional terms and conditions set forth below.
By signing/accepting below, the undersigned/acceptor ("User") indicates that he or she has carefully read and understands this Waiver & General Release, and acknowledges and agrees to the following items, on behalf of User and his or her heirs, executors, administrators, guardians, representatives, successors and assigns: (a)The individual signing or accepting below is at least 18 years of age, mentally competent and medically able to agree to the terms of this Waiver & General Release. The individual signing or accepting below gives this Waiver & General Release freely and knowingly with full understanding of its content and effect. If the User is not at least 18 years of age, the parent or guardian signing or accepting below gives User permission to use the Facilities of Wing Pointe Sporting Clays, LLC, and participate in Events at the Facilities, under the conditions stated within and signs or accepts on behalf of User. (b) User is legally permitted to possess and use firearms and other related equipment ("Firearms"), whether at the Facilities or otherwise, and is capable of using Firearms safely. Wing Pointe Sporting Clays, LLC does not provide guidance on the specific legality or effectiveness of skills learned at the Facilities or at Events. User is responsible for determining the requirements of all applicable laws as they may relate to ownership, possession and use of firearms, and remaining in compliance with such requirements. User will follow the policies, procedures and rules of Wing Pointe Sporting Clays, LLC, including the policies, procedures, and rules of any Events in which User is participating. Wing Pointe Sporting Clays, LLC reserves the right to temporarily or permanently revoke User's right to be present at the Facilities at any time, and for any reason. For clarification, the term "Facilities" as used in this Waiver and Release includes those at 1414 Moselem Springs Road, Perry Twp., Berks Co., PA. (c) User has made a fully informed decision to be present at the Facilities and to participate in one or more Events, understanding that inherent in the nature of such Events, and with the use of Firearms, is the potential of serious property damage and physical injury, up to and including death. User understands that the use of Firearms may involve risks (unforeseen or otherwise) and User agrees to and does assume all risks relating to the same, and User also agrees that User is responsible for her or his own safety and behavior, including but not limited to the use of appropriate personal protective equipment and refraining from the use of substances that may alter User's mental state. In order to participate in Events or be present at the Facilities, User agrees to and does assume all inherent risks and dangers (seen and unforeseen) relating to the same. User is under no obligation to be present at the Facilities or to participate in any Events, and is permitted to leave the Facilities or to decline participation or attendance or continued participation or attendance in any Events at any time for any reason. For clarification the term "Events" as used in the Waiver and Release specifically includes clays shooting (e.g. sporting clays shooting) and other types of shooting using Firearms. (d) User waives, releases and forever discharges any rights, claims, damages, losses, liabilities, demands, actions, suits, or objections which User has or which afterwards may accrue to User against the Wing Pointe Sporting Clays, LLC, its affiliates (including its landlord Quail Ridge Conservancy, LLC), and its sponsors, partners, or licensees, and any of its members, officers, directors, employees, facilitators, volunteers, agents, representatives, assigns or successors (past or present) (collectively the "Wing Pointe Sporting Clays, LLC Parties"), including for any physical injury, death or property damages, in connection with User's presence at the Facilities or participation in any Events, regardless of the cause of such rights, claims, damages, losses, liabilities, demands, actions, suits, losses, or objections. User also understands that this Waiver & General Release is intended to discharge, release and waive any and all rights, claims, damages, losses, liabilities, demands, actions, suits, or objections arising from her or his presence at the Facilities or participation in any Events, even if such rights, claims, damages, losses, liabilities, demands, actions, suits, or objections arise by or through the negligence of Wing Pointe Sporting Clays, LLC and/or any of the Wing Pointe Sporting Clays, LLC Parties. User agrees to indemnify and hold harmless Wing Pointe Sporting Clays, LLC and all the Wing Pointe Sporting Clays, LLC Parties from and against any claims, damages, losses and liabilities that User had or may have for personal injury, death, or property damages arising in any way from User's presence at the Facilities or participation in any Events. (e) Wing Pointe Sporting Clays, LLC may designate personnel to capture photographs and recordings of User while present at the Facilities or participating in an Event (the "Media"). User consents to the Club's unlimited use of the Media for unlimited time in all print mediums, or other media of tangible expression (including the internet and/or forms of social media), as the Club may elect and without payment of royalties or other compensation to User. User waives the right to inspect or approve the finished materials in which the Media may be exhibited, published or distributed. All Media is owned by the Wing Pointe Sporting Clays, LLC, and Wing Pointe Sporting Clays, LLC may register any copyrights or other intellectual property rights in the Media. To the extent User has any copyrights or other rights in the Media, such as a right of publicity, they are assigned to Wing Pointe Sporting Clays, LLC. User waives all rights or claims in any media or material using User's name, photograph, voice persona or likeness contained in theMedia. Wing Pointe Sporting Clays, LLC is only responsible for Media captured by its designated personnel; other users of the facilities or participants in Events are responsible for obtaining their own permissions and User understands that Wing Pointe Sporting Clays, LLC has no control over these other individuals. (f) If any provision of this Waiver & General Release is deemed invalid or unenforceable, it will not invalidate the remining provisions of this Waiver & General Release. Wing Pointe Sporting Clays, LLC's (including the Wing Pointe Sporting Clays, LLC Parties) failure to exercise any of its rights under this Waiver & General Release does not prevent it (them) from exercising such rights at a later date. This Waiver & General Release contains the full and complete understanding of Wing Pointe Sporting Clays, LLC and User with regard to its subject matter and supersedes all prior agreements and understandings, cannot be modified except in writing signed by both User and an authorized representative of Wing Pointe Sporting Clays, LLC, and is governed in accordance with the law of Pennsylvania, without regard to its conflict or choice of law provisions. This Waiver & General Release will continue in effect even after termination of User's presence at the Facilities or participation in any Events. An electronic or facsimile signature or acceptance of this Waiver & General Release will have the same force and effect as an original, non-facsimile signature. and paste the body of your waiver here.
Today's Date: March 31, 2025 |