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THE BITTER END PLANTATION, LLC

 

ASSUMPTION OF ALL RISKS, WAIVER, RELEASE AND INDEMNITY AGREEMENT

THIS IS A LEGAL AGREEMENT. PLEASE READ IT CAREFULLY AND ASK FOR CLARIFICATION IF YOU HAVE ANY QUESTIONS ABOUT ANY PART OF THIS AGREEMENT BEFORE SIGNING.

WARNING

IF YOU DO NOT SIGN THIS AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOU (A) WILL RESTRICT YOUR USE OF THE PREMISES TO TRAVERSING THE MAIN ENTRANCE ROAD AND STAYING WITHIN THE IMMEDIATE AREA OF THE MAIN LODGE AND (B) WILL NOT PARTICIPATE IN ANY PLANTATION ACTIVITIES. IF YOU ELECT TO (1) USE ANY PORTION OF THE PREMISES (WHETHER ON FOOT OR IN ANY VEHICLE OR EQUIPMENT REGARDLESS OF WHO IS DRIVING SUCH VEHICLE OR EQUIPMENT) OTHER THAN AS SET FORTH ABOVE OR (2) PARTICIPATE IN ANY PLANTATION ACTIVITIES, YOU AGREE THAT SUCH ELECTION CONSTITUTES ACCEPTANCE BY YOU AND ALL OF YOUR USERS OF THE TERMS AND CONDITIONS SET FORTH BELOW TO THE SAME EXTENT AS IF YOU HAD SIGNED THIS AGREEMENT.


IMPORTANT TERMS USED IN THIS AGREEMENT

PREMISES means all land and real property, all buildings and structures thereon, and all personal or mixed property (such as, but not limited to, fixtures, equipment, or any other personal property used on or about or in conjunction with the premises) owned by, controlled by, leased by or leased to, licensed by or licensed to, or in the control, management, or possession of the Releasees, now or in the future, located in the County of Jasper, State of South Carolina, which are owned, used, or managed by the Releasees, their guests or invitees, their employees, agents, or those in privity with the Releasees. Premises also include property and conditions adjacent to such real property as it is recognized that boundaries in wooded and undeveloped areas may not be clearly defined.

PLANTATION ACTIVITIES mean the activities carried out on the Premises, which include hunting, camping, target shooting, hiking, swimming, boating, recreation, wildlife management, fishing, or any related activity, or use of the property, including riding ATV’s, golf carts, farm equipment, horses, and/or other vehicles, scouting, exploring, climbing, staying in a lodge, cabin or house, trailer or mobile home, or tent, shooting firearms, game management activities and techniques, forestry, planting of crops or food plots, the construction, placement and use of hunting stands, skinning and cleaning game, coming into contact with dangerous animals or poisonous snakes or poisonous plants, knife sharpening, use of ropes and pulleys, use of power equipment or tools, use of alcoholic beverages or controlled substances, partying, and other activities and conditions incident thereto, which may involve both the opportunity for enjoyable recreation and the risk of bodily harm or death, regardless of whether such uses are purely recreational in nature or purely for profit or both or some of each. In addition, Plantation Activities may include any similar activity conducted in a location other than the Premises, which activity is conducted or organized by any of the Releasees or which uses any equipment owned by the Bitter End Plantation, LLC, or any of the other Releasees, and shall include any transportation to and from the Premises to such other location(s).

RELEASEES mean (1) Bitter End Plantation, LLC, its members, managers, officers, employees and contractors, including, without limitation Carlton H. Spence, Jeffrey C. Spence, Cindy Spence Sadler, and Donald C. Spence (regardless of the form of entity used by any such person in control or possession of the Premises, an “Authorized Representative”), and any of their family members, personal representatives, partners, employees, guests, attorneys, insurers, host(s), agents, servants, lessors, lessees, licensors and licensees, together with any and all of their respective corporations, partnerships, or entities, and (2) any of the foregoing who exercises any duties, ownership, possession, control, management, or authority in connection with the Premise or the Plantation Activities.

USERS mean the person signing this Agreement and such person’s family, guests and invitees, including all minor child(ren) and/or the minor child(ren) of any such guests and/or invitees, and/or any guest or invitee of any of the foregoing), as applicable. The word “I” or “me” shall be deemed to include all such person’s Users as appropriate.

IN CONSIDERATION OF being permitted to enter upon and use the Premises and participate in the Plantation Activities, I, for myself and all of my Users, do hereby agree with Bitter End Plantation, LLC and each of the other Releasees as follows:

INITIAL ALL OF THE BELOW IN THE PLACE INDICATED:

I (1) HAVE READ THE ABOVE IMPORTANT TERMS: (2) UNDERSTAND THE RISKS, HAZARDS, AND DANGER ASSOCIATED WITH THE “PREMISES” AND AS DESCRIBED IN THE TERM “PLANTATION ACTIVITIES” ABOVE; (3) AM USING THE PREMISES AND PARTICIPATING IN PLANTATION ACTIVITIES VOLUNTARILY IN SPITE OF SUCH RISKS, HAZARDS, AND DANGER; AND (4) EXPRESSLY ASSUME ALL OF THE RISKS THE WITH FULL KNOWLEDGE OF THAT PARTICIPATION IN THEM MAY RESULT IN INJURY, PARALYSIS, LOSS, OR EVEN DEATH, 


I agree, understand, and accept each of the following:

  • Hazards (1) may exist throughout the Premises where ground surface conditions vary, are not maintained or controlled by the Releasees, which hazards are unpredictable, changeable, and may not be obvious or visible, and (2) occur in connection with participation in the Plantation Activities, which hazards are dangerous and that may be life-threatening.
  • I have voluntarily chosen to enter upon the Premises and participate in the Plantation Activities, including with persons I may or may not know, knowing that danger(s) are involved in connection with the use of the Premises and participation in the Plantation Activities and hereby accept and assume any and all risk of injury, death, property loss, or damage resulting from or otherwise arising in connection with the use of the Premises and participation in the Plantation Activities.
  • The risks, dangers, and hazards associated with the Premises and the Plantation Activities may be caused by (a) a User’s own actions or inactions or the actions or inactions of the Releasees; (b) the actions or inactions of persons other than my Users; (c) the elements, such as the weather which is changeable and unpredictable, and other conditions; and/or (d) uncontrolled or unforeseen acts of God.
  • There is also a risk of negligence, including gross negligence, on the part of any of the foregoing persons described above that may cause such risks, dangers, and hazards.
  • The release and indemnity stated in this Agreement are specifically intended to be applicable even it is alleged or proved that all or some of the damages incurred were caused as a whole or in part by any act, omission, negligence, gross negligence, or any other conduct whatsoever of any of the Releasees.
  • This is a permanent assumption of risk, liability release, waiver and discharge by me and each of my Users, my or their heirs, family members, guardians, legal representatives, successors or assigns, and shall be considered a continuing agreement, effective for current and all future visits to the Premises, unless revoked by me in writing, which revocation shall be effective thirty (30) days after delivery of such written revocation as set forth in the section titled “Address for Notices” below the acceptance by the releasees on the last page of this Agreement.


I and my Users are able to perform the essential functions required to use the Premises and to safely participate in the Plantation Activities. If I or any of my Users are not able to safely use any portion of the Premises or participate in any of the Plantation Activities, I will either (a) oversee and be fully responsible for such User’s use or participation or (b) insure that such User is not allowed to use such portion of the Premises or participate in any such activity. 


I and my Users will abide by all Federal, State, County, or Premises laws and/or rules and regulations set out for the hunting and taking of game. In addition, I understand that I am responsible for all my actions and that the Releasees are not responsible for my actions, the actions of others, or for the theft or loss of any kind. 


I the have legal authority to sign and deliver this Agreement and to freely accept and assume the risks that I or the Users may suffer property damage, illness, severe personal injury, or even death by using the Premises or participating in the Planation Activities, not only in the ways or as a proximate result of the circumstances described above, but also in ways that are unknown and unexpected, even if I and the Users follow instructions, regulations and/or advice from any of the Releasees or any other persons. 


I agree to, and to cause the Users to, not be impaired by the use of alcohol or any controlled substance (except as medically authorized) while using the Premises or participating in the Plantation Activities. 


INDEMNITY:I HEREBY INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LOSS, LIABILITY, OR COST, (INCLUDING ALL ATTORNEY’S FEES AND HOSPITAL AND MEDICAL EXPENSES) INCURRED BY SUCH RELEASEE ARISING FROM OR OTHERWISE INCURRED IN CONNECTION WITH THE MY OR MY USERS’ USE OF THE PREMISES OR PARTICIPATION IN ANY OF THE RANCH ACTIVITIES, INCLUDING ANY SUIT OR CLAIM THAT IS INSTITUTED AGAINST RELEASEES ARISING IN ANY WAY FROM MY NEGLIGENCE OR THE NEGLIGENCE OF MY USERS OR FOR ANY CLAIMS WHICH WERE CAUSED IN WHOLE OR IN PART BY THE RELEASEES’ NEGLIGENCE OR GROSS NEGLIGENCE OR BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF ANY OTHER PERSON. 


MINORS: AS A PARENT, GUARDIAN, OR CUSTODIAN OF ONE OR MORE MINOR CHILDREN, INCLUDING MINOR CHILDREN IN MY CUSTODY WITH THE CONSENT OF THEIR PARENT OR LEGAL GUARDIAN, I AM SIGNING THIS DOCUMENT ON BEHALF OF SUCH MINOR CHILDREN AND AGREE FOR ME AND SUCH MINOR CHILDREN TO BE SPECIFICALLY BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. 


INJURY; CONSENT TO MEDICAL TREATMENT: I UNDERSTAND THAT MEDICAL SERVICES ARE NOT PROVIDED ON THE PREMISES BY ANY OF THE RELEASEES AND THAT ANY OUTSIDE RESCUE AND ADVANCED MEDICAL CARE AND SERVICES ARE LIMITED AND WILL BE SLOW TO RESPOND, IF AVAILABLE. IF I OR THE USERS ARE UNABLE TO CONSENT AT THE TIME, DUE TO INJURY, ILLNESS, OR ABSENCE, I FOR MYSELF, AND ON BEHALF OF THE USER(S), HEREBY CONSENT TO ADMINISTRATION OF FIRST AID AND OTHER EMERGENCY MEDICAL TREATMENT FOR SUCH INJURY OR ILLNESS THAT OCCURS DURING MY OR THE USERS’ USE OF THE PREMISES OR PARTICIPATING IN THE PLANTATION ACTIVITIES. I HAVE, AND THE USERS HAVE, ADEQUATE HEALTH INSURANCE OR RESOURCES TO COVER THE COSTS OF TREATMENT IN CASE OF ANY SUCH INJURY OR ILLNESS. 


NOTICE OF ACCIDENTS OR INJURY: I WILL PROMPTLY NOTIFY AN AUTHORIZED REPRESENTATIVE AFTER LEARNING OF THE OCCURRENCE OF ANY ACCIDENTS OR INCIDENTS ON THE PREMISES OR IN CONNECTION WITH PARTICIPATION IN A PLANTATION ACTIVITY. 


FURTHER AGREEMENTS:I (A) HAVE CAREFULLY READ THIS ASSUMPTION OF ALL RISKS, WAIVER, RELEASE, AND INDEMNITY AGREEMENT, AND FULLY UNDERSTAND ITS CONTENTS; (B) AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND THE RELEASEES BY SIGNING IT AND AM AWARE OF ITS LEGAL CONSEQUENCES; (C) HAVE SIGNED IT FREELY AND VOLUNTARILY, WITHOUT INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL LEGAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND THAT BY DOING SO I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS; (D) HAVE REVIEWED THIS AGREEMENT WITH MY USERS AND/OR HAVE MADE THEM AWARE OF THE RISKS AND DANGERS DESCRIBED HEREIN; AND (E) HAVE MADE EACH OF USERS AWARE OF THE ASSUMPTION OF ALL RISKS, WAIVER, RELEASE, AND INDEMNITY COVENANTS I HAVE MADE CONCERNING MY, AND THEIR, USE OF THE PREMISES AND PARTICIPATION IN THE PLANTATION ACTIVITIES. 


This Agreement may not be amended, revoked, altered, supplemented nor abandoned unless such amendment, revocation, alteration, supplementation, or abandonment is set forth and confirmed in a written document signed by Carlton H. Spence, Jeffrey C. Spence, Cindy Spence Sadler, or Donald C. Spence. This document shall inure to the benefit of the successors, heirs, and assigns of the Releasees.

If any loss, cost, damage, or expense incurred or suffered by a party is covered by any insurance of a party, all parties mutually waive their respective rights of recovery against each other (including anyone claiming by, through, or under such party), to the extent such loss, including deductibles or self-insured retentions, costs, damages, or expenses (a “Loss”), is incurred in connection with the use of the Premises or participation in the Plantation Activities, regardless of the negligence of any party in causing such Loss. This provision is intended to waive, fully and for the benefit of each party to this Agreement (including third party beneficiaries), any and all rights and claims that might give rise to a right of subrogation by any insurance carrier.

This Agreement shall be construed and enforced according to the laws of the State of South Carolina (or, if applicable, to the laws of the jurisdiction in which a Releasee is resident), without reference to conflicts of law principles.

All disputes arising out of, in connection with or related to this Agreement shall be settled exclusively by confidential, binding arbitration, which shall be held under the auspices of the American Arbitration Association (the “AAA”) pursuant to the Consumer Arbitration Rules of the AAA, and shall be by one arbitrator, selected by mutual agreement of the parties from a list provided by the AAA in accordance with such rules; provided, that if the Parties are unable to agree on an arbitrator within thirty (30) days after receiving the AAA’s proposed list of arbitrators from such list, then such arbitrators selected by the parties shall together select a third arbitrator to act as the arbitrator; provided, further, that if any party does not select an arbitrator within ten (10) days of written demand therefor by the other party, then the arbitrator selected by the other party shall act as the arbitrator. The arbitrator shall make his or her decision in writing within thirty (30) days after the close of the arbitration hearing. To the maximum extent permitted by law, the decision of the arbitrator shall be final and binding and not be subject to appeal. If a party against whom the arbitrator renders an award fails to abide by such award, the other Party or Parties may seek to enforce such award in a court of competent jurisdiction. The parties shall allow and participate in discovery and unresolved discovery disputes shall be submitted to the arbitrator. Such arbitration shall be held, at the option of the applicable Releasees, in either Duval County, Florida, or Jasper County, South Carolina.

In the event of any claim, action, or lawsuit to enforce, modify, interpret, invalidate, rescind, or set aside any term or provision of this Agreement, the prevailing party shall be entitled to an award of its costs and expenses, including reasonable attorneys’ fees, incurred as a result of such claim, action, or lawsuit including any appeals resulting therefrom.

Any provision of this Agreement that is prohibited or unenforceable in a jurisdiction will, as to that jurisdiction, be ineffective to the extent of the prohibition or unenforceability without invalidating the remaining provisions of this Agreement and any such prohibition or unenforceability in that jurisdiction will not invalidate or render unenforceable the provision in any other jurisdiction. In the event that any provision(s) of this Agreement are or become invalid, illegal, or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not be affected thereby, and with respect to such invalid, illegal, or unenforceable provision(s), a court shall have the right, power, and authority to excise or modify such provision(s) to the minimum extent necessary so that, in such court’s reasonable opinion, such provision(s) and the remainder of this Agreement, as so amended, are enforceable against the parties. To the maximum extent permitted by applicable law, the parties to this Agreement waive any provision of law that renders any provision of this Agreement prohibited or unenforceable in any respect.

The term “sign”, together with any variation of such word, includes the use of digital or electronic signatures, which digital or electronic signature will be of the same legal effect, validity, and enforceability as a manually executed, original, wet-inked signature. Any digitally or electronically signed agreement will be an “electronic record” established in the ordinary course of business and any copy will constitute an original for all purposes. The terms “electronic signature” and “electronic record” will have the meanings ascribed to them in 15 USC § 7006. This Agreement and any instruction or other document furnished hereunder may be transmitted by facsimile or as a PDF file attached to an email.

LEGAL OBLIGATION: INTENDING TO BE LEGALLY BOUND, I FURTHER REPRESENT, WARRANT, ACKNOWLEDGE, AND AGREE THAT BY SIGNING THIS AGREEMENT THAT: (1) THIS AGREEMENT IS A LEGALLY VALID, BINDING, AND ENFORCEABLE OBLIGATION, NOT ONLY UPON ME BUT UPON ALL MY USERS, AND (2) ALL OF THE RELEASEES, EVEN THOUGH NOT SIGNATORIES TO THIS AGREEMENT, ARE INTENDED TO BE THIRD PARTY BENEFICIARIES OF THIS AGREEMENT AND THEY MAY RELY COMPLETELY ON EACH OF THE ASSUMPTION OF ALL RISKS, RELEASE, WAIVER, AND INDEMNIFICATION AGREEMENT AND ANY OTHER AGREEMENT MADE BY ME HEREIN AS IF EACH SUCH RELEASEE WAS A PARTY TO THIS AGREEMENT. 


Signed this day of December 22, 2024.

Signature:

ACCEPTED BY AND ON BEHALF OF BITTER END PLANTATION, LLC AND THE OTHER RELEASEES


ADDRESS FOR NOTICES:
Bitter End Plantation, LLC
5179 Tarboro Road
Ridgeland, South Carolina 29936
Attention: Ryan Sadler
Email address: ryan@bitterendplantation.com

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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
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 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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