The undersigned voluntarily enters, uses, visits, observes, or participates in activities at or in connection with Auburn Oaks Farm, LLC ("Auburn Oaks" or “Auburn Oaks Farm”), including without limitation sporting clays, five-stand, rental firearms, personal firearm use, shooting instruction, pheasant and quail activities, as well as any and all other hunting activities (e.g., deer, turkey, squirrel, coyotes, etc.), fishing, hiking, walking, use of lakes, ponds and other water areas, interaction with dogs or other animals, including hunting, training and the like, use or operation of utility vehicles or similar equipment, transportation around the property, lodging-related use of the grounds, events, and other outdoor, recreational, agricultural or property activities (collectively, the "Activities"). The undersigned acknowledges that participation is voluntary and agrees to comply with all Auburn Oaks rules, posted notices, staff instructions and safety procedures. The undersigned understands and acknowledges that the Activities and the rural property on which they occur involve inherent and other risks, both known and unknown, that cannot be eliminated. Such risks include, without limitation: accidental or negligent discharge of firearms; ammunition, shot, ricochet, target or shell fragments; firearm or equipment malfunction; hearing or eye injury; actions, omissions or mistakes of other participants, shooters, hunters, guests or third parties; dogs, birds, livestock, wildlife, insects and snakes; uneven or unstable terrain, holes, mud, water, vegetation, fences, steps and other natural or man-made conditions; slips, trips and falls; drowning and other water-related hazards; weather heat, cold, storms and falling limbs; moving vehicles, utility vehicles; collisions, rollovers and falls from vehicles; and other risks associated with outdoor recreation and use of rural property. These risks may result in serious bodily injury, permanent disability, illness, death, or loss of or damage to property. ASSUMPTION OF RISK; RELEASE. The undersigned knowingly and voluntarily accepts full responsibility for and assumes all risks arising from or relating to the Activities or presence on Auburn Oaks property, whether known or unknown and whether caused by the undersigned, another participant, a third party, a natural condition, equipment, an animal, or otherwise. To the fullest extent permitted by Alabama law, the undersigned releases and discharges Auburn Oaks and its owners, members, managers, officers, directors, employees, instructors, guides, dog handlers, independent contractors, agents, volunteers, affiliates, landowners, property owners, lessors, event personnel, successors and assigns (collectively, the "Released Parties") from any and all claims, demands, causes of action, damages, losses, costs or liabilities arising from or relating to the undersigned's participation in the Activities or presence on the property, including claims arising from the ordinary negligence of any Released Party. This Release is not intended to release liability for wanton, willful or intentional misconduct or any liability that cannot lawfully be released. COVENANT NOT TO SUE; INDEMNIFICATION. To the fullest extent permitted by law, the undersigned agrees not to bring or maintain any claim covered by this Release against any Released Party. The undersigned further agrees to indemnify and hold harmless the Released Parties from claims, damages, losses, expenses or liabilities arising from the undersigned's own acts or omissions, violation of Auburn Oaks rules or staff instructions, unauthorized or unsafe use of firearms, vehicles, animals, equipment or property, or injury or property damage caused by the undersigned. PARTICIPANT REPRESENTATIONS; MEDICAL AUTHORIZATION. The undersigned represents that he or she is legally permitted to participate in the applicable Activities, is physically and mentally capable of participating safely, will disclose any limitation that could materially affect safe participation, and will not participate while impaired by alcohol, illegal drugs, marijuana, or any medication or substance that impairs judgment, coordination or safe operation of a firearm, vehicle or equipment. If an injury or medical emergency occurs, the undersigned authorizes Auburn Oaks to contact emergency services and to obtain or arrange reasonable emergency assistance or transportation. The undersigned accepts responsibility for medical or transportation charges incurred on his or her behalf. MEDIA RELEASE. The undersigned grants Auburn Oaks the right and permission to photograph, record, reproduce, publish and use photographs, video or other recordings of the undersigned made in connection with Auburn Oaks property or Activities for lawful promotional, advertising, website, social media, editorial, trade or other business purposes, in any media, without additional compensation. The undersigned releases Auburn Oaks from claims arising from such authorized use, including editing, cropping, reproduction or publication, except to the extent prohibited by law. GOVERNING LAW; SEVERABILITY; BINDING EFFECT. This Waiver and Release shall be governed by Alabama law and is intended to be as broad and inclusive as permitted by law. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force to the greatest extent permitted. This Agreement is binding upon the undersigned and, to the extent permitted by law, the undersigned's heirs, estate, personal representatives, executors, administrators and assigns. CLAIMS AND DISPUTES. All claims, disputes, or other matters in controversy arising out of or related to this Agreement shall be submitted to mediation as a condition precedent to binding arbitration. The parties shall endeavor to resolve any disputes by mediation before a mutually agreed upon third party mediator. The mediation shall be held in the City of Montgomery, Alabama. Agreements reached in mediation shall be enforceable as settlement agreements in the Circuit Court of Montgomery County, Alabama. For any claim not resolved by mediation, the parties agree that such claim shall be resolved by binding arbitration which shall be administered by the American Arbitration Association (AAA) in accordance with its applicable rules in effect on the date of this Agreement. The arbitration will be conducted in the City of Montgomery, Montgomery County, Alabama. A demand for arbitration shall be made in writing, delivered to the other party, and filed with AAA. The award rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. This Agreement to arbitrate shall be specifically enforceable under applicable law in any court having jurisdiction thereof. COURSE AND PROPERTY RULES: • Eye and hearing protection are required for all shooters and observers in designated shooting areas. • Treat every firearm as loaded; keep the muzzle pointed in a safe direction; keep your finger off the trigger until ready to shoot; and never point a firearm at another person. • Load, unload and discharge firearms only in designated areas and only when it is safe and permitted. Immediately obey any cease-fire or stop command. • Do not go downrange or approach trap equipment for any reason. If a trap or other equipment malfunctions, stop and notify Auburn Oaks staff. • Back-up shooting is not allowed unless specifically authorized by Auburn Oaks staff. Only one shooter may shoot from a station at a time unless otherwise directed. • It is strictly prohibited to shoot any live bird or animal on a sporting clays or target range. • Firearms used on the clay course must meet Auburn Oaks course requirements. No pistol-grip or collapsible-stock shotguns; minimum 24-inch barrel unless Auburn Oaks approves otherwise. • No person may handle or discharge a firearm after consuming alcohol or while impaired by alcohol, marijuana, illegal drugs, medication or any other impairing substance. • Only authorized vehicles may enter activity areas. Only properly licensed or otherwise authorized drivers may operate Auburn Oaks carts or vehicles, and all posted vehicle rules must be followed. • Guests must respect Auburn Oaks staff, other guests, animals, property and equipment. Any rule violation may result in immediate loss of privileges and removal from the property without refund. • Other rules for specific activities may be posted or otherwise communicated and must be followed. MEMBER OR GUEST ACKNOWLEDGMENT: PLEASE READ CAREFULLY. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS AND INCLUDES AN ASSUMPTION OF RISK, RELEASE OF LIABILITY, COVENANT NOT TO SUE, INDEMNIFICATION AND MEDIA RELEASE. The undersigned confirms that he or she has read this entire Waiver and Release, understands its terms, has had the opportunity to ask questions, knowingly and voluntarily accepts the risks described above, agrees to comply with Auburn Oaks rules and instructions, and voluntarily executes this document. |
