PARENTAL CONSENT. I am the parent or legal guardian of the minor identified above (the "Minor"), who is under 19 years of age unless otherwise legally emancipated, and I have authority to consent to the Minor's participation. I voluntarily permit the Minor to enter, use, visit, observe or participate in activities at or in connection with Auburn Oaks Farm, LLC ("Auburn Oaks" or “Auburn Oaks Farm”), including without limitation sporting clays, five-stand, target shooting, firearm use when separately authorized and supervised, 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, riding on 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"). For formal shooting instruction, I understand that Auburn Oaks may require a separate Minor Shooting Instruction Waiver and Parental Consent form. ACKNOWLEDGMENT AND ASSUMPTION OF RISK. I understand that the Activities and rural property involve inherent and other risks, both known and unknown, that cannot be eliminated. Risks include, without limitation: firearms and ammunition; accidental or negligent discharge; ricochet, shot, target or shell fragments; hearing and eye injury; actions or mistakes of other participants, shooters, hunters, guests or third parties; dogs, birds, livestock, wildlife, insects and snakes; uneven terrain, holes, mud, water, vegetation, fences, steps and other conditions; slips, trips and falls; drowning and other water hazards; weather, heat, cold, storms and falling limbs; moving vehicles, carts and utility vehicles; collisions, rollovers and falls from vehicles; and other risks associated with outdoor recreation. Such risks may cause serious bodily injury, permanent disability, illness, death, or property damage. Knowing these risks, I voluntarily authorize the Minor to participate and assume the risks that I may lawfully assume on the Minor's behalf. PARENT/GUARDIAN RELEASE. In consideration for Auburn Oaks permitting the Minor to participate, to the fullest extent permitted by Alabama law, I individually and in my capacity as the Minor's parent or legal guardian release and discharge 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 claims that I personally may have arising from or relating to the Minor's participation or presence on the property, including derivative claims, expenses and claims arising from the ordinary negligence of a Released Party to the extent such claims may lawfully be released. Nothing in this Agreement is intended to waive a claim or legal right that Alabama law does not permit a parent or guardian to waive on behalf of a minor, or to release liability for wanton, willful or intentional misconduct. PARENT/GUARDIAN INDEMNIFICATION. To the fullest extent permitted by law, I agree to indemnify and hold harmless the Released Parties from claims, losses, damages, expenses or liabilities arising from my own acts or omissions; the Minor's intentional misconduct; the Minor's violation of Auburn Oaks rules or staff instructions; unauthorized or unsafe use of firearms, vehicles, animals, equipment or property; or damage to persons or property for which I may legally be responsible. SAFETY; SUPERVISION; MEDICAL AUTHORIZATION. I will ensure that the Minor follows all Auburn Oaks rules, posted notices and staff instructions. I understand that Auburn Oaks may immediately restrict or end the Minor's participation if conduct is unsafe. I will disclose any condition or limitation that could materially affect safe participation. If the Minor is injured or becomes ill and I cannot immediately be reached, I authorize Auburn Oaks to contact emergency services and obtain or arrange reasonable emergency medical care or transportation. I accept financial responsibility for such care or transportation to the extent I am legally responsible.
MEDIA RELEASE. I authorize Auburn Oaks to photograph or record the Minor in connection with Auburn Oaks property or Activities and to reproduce, publish and use those photographs, video or recordings for lawful promotional, advertising, website, social media, editorial, trade or other business purposes, in any media, without additional compensation. I release Auburn Oaks from claims arising from such authorized use, including editing, cropping, reproduction or publication, except to the extent prohibited by law. 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. GOVERNING LAW; SEVERABILITY. This Agreement 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 continue in full force to the greatest extent permitted. GENERAL PROPERTY AND ACTIVITY RULES: • The Minor must remain in authorized areas and comply immediately with Auburn Oaks staff instructions and posted rules. • Eye and hearing protection are required for the Minor when in designated shooting areas or when otherwise directed. • The Minor may not handle, load, unload or discharge a firearm except when specifically permitted, properly supervised and in compliance with all applicable rules and laws. • The Minor may not approach trap equipment, go downrange, enter restricted work areas, enter water, operate a vehicle, or interact with animals except when authorized and appropriately supervised. • Only authorized and qualified drivers may operate Auburn Oaks carts or vehicles. The Minor must use available restraints and follow staff instructions while riding. • No Minor may participate while impaired by alcohol, marijuana, illegal drugs, medication or any other substance that could impair safe participation. • Any unsafe conduct or rule violation may result in immediate removal from the activity or property without refund. *Other rules for specific activities may be posted or otherwise communicated and must be followed. PARENT OR LEGAL GUARDIAN ACKNOWLEDGMENT: PLEASE READ CAREFULLY. THIS DOCUMENT AFFECTS LEGAL RIGHTS AND INCLUDES AN ASSUMPTION OF RISK, RELEASE, INDEMNIFICATION, MEDICAL AUTHORIZATION AND MEDIA RELEASE. By signing below, I confirm that I have read and understand this Agreement, understand the nature and risks of the Activities, have had the opportunity to ask questions, knowingly and voluntarily give permission for the Minor to participate, and am the Minor's parent or legal guardian with authority to sign this Agreement. |