The undersigned hereby acknowledges and represents that he or she is voluntarily participating in shooting instruction and related activities at Auburn Oaks Farm, LLC ("Auburn Oaks" or “Auburn Oaks Farm”), including, without limitation, shotgun instruction, sporting clays, five-stand, target shooting, the handling, loading, unloading, carrying and discharge of firearms use of live ammunition, walking or riding through outdoor shooting areas, and operating or riding in utility vehicles. Th undersigned has read and agrees to strictly abide by all rules, procedures, safety instructions and directions of Auburn Oak Farm instructors and staff. The undersigned is aware of and acknowledges that firearms, shooting sports and related outdoor activities are inherently dangerous and expressly agrees to assume all risks of personal injury, including death, hearing loss eye injury, and loss of or damage to property resulting from participation in such activities The undersigned further acknowledges that risks may include, without limitation, accidental or negligent discharge of firearm, firearm or ammunition malfunction, ricochet, shot, shell fragments, debris, target fragments, actions or mistakes other shooters or participants, uneven or wet terrain, holes, vegetation, insects, wildlife, weather, falls, and the use of carts shooting stands and other equipment. The undersigned understands that no instructor, employee or representative can eliminate all risks associated with firearms or shooting activities and knowingly and voluntarily accepts full responsibility for and assumes all known and unknown risks related to participation. In consideration for being permitted to participate, the undersigned, to the fullest extent permitted by Alabama law, hereby releases, waives, discharges, indemnifies and holds harmless Auburn Oaks Farm, LLC, its owners, members, managers, officers, employees, instructors, independent contractors, agents, volunteers, affiliated entities, landowners, property owners, equipment owners, successors and assigns (collectively, the "Released Parties") from any and all claims, actions, causes of action, suits, proceedings, damages, losses, expenses or liabilities arising from or relating to participation in the activities described above, including claims for personal injury, death or property damage, including claims arising from the ordinary negligence of a Released Party to the extent such claims may lawfully be released. This release is not intended to waive any right or claim that cannot legally be waived under applicable law. The undersigned represents that he or she is physically and mentally capable of safely participating, is not legally prohibited from possessing or using a firearm, will not participate while impaired by alcohol, illegal drugs, marijuana, or any medication or substance that impairs judgment or coordination, and will promptly advise the instructor of any limitation, unsafe condition, firearm malfunction, injury or concern. The undersigned understands that Auburn Oaks Farm may immediately terminate participation when an instructor or staff member determines that conduct is unsafe. If the undersigned becomes injured or ill while participating, the undersigned authorizes Auburn Oaks Farm personnel to obtain or arrange emergency medical assistance when reasonably necessary and accepts financial responsibility for medical treatment, emergency transportation or other medical services provided. The undersigned is responsible for personal belongings, firearms, ammunition and equipment brought onto the property. The undersigned expressly agrees that this Shooting Instruction Waiver and Release is intended to be as broad and inclusive as permitted by the laws of the State of Alabama and that if any portion is held invalid or unenforceable, the balance shall continue in full legal force and effect.
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. MEDIA RELEASE. The undersigned grants Auburn Oaks permission to photograph, record, reproduce, and use their image, likeness, or recordings for lawful promotional, advertising, website, social media, editorial, or other business purposes without compensation. The undersigned releases Auburn Oaks from claims arising from such authorized use, including editing, reproduction, or publication, except as prohibited by law. SHOOTING INSTRUCTION AND PROPERTY RULES: - Eye and ear protection are required for shooters and observers at all times in designated shooting areas. - Treat every firearm as if it is loaded and keep the muzzle pointed in a safe direction at all times. - Keep your finger off the trigger until instructed and ready to shoot. - Never point a firearm at another person. - Follow all directions of Auburn Oaks instructors and staff and immediately stop shooting when instructed. - Only load, unload or discharge a firearm when directed or permitted by the instructor. - Immediately notify the instructor of any firearm malfunction, unsafe condition, injury or concern. Do not attempt to clear a malfunction unless directed. - No alcoholic beverages are allowed in shooting areas, and no participant may shoot while impaired. - Do not approach trap equipment or go downrange unless specifically directed by Auburn Oaks staff. - Only firearms, ammunition and equipment approved for the lesson or course may be used. - Any infraction of these rules may result in immediate termination of the lesson and removal from the property without refund. -Other rules may be posted or otherwise communicated and must be followed. |