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QUAIL CREEK SPORTING RANCH

ASSUMPTION OF RISK AND RELEASE OF CLAIMS

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND A WAIVER OF CERTAIN RIGHTS. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM AND QUAIL CREEK HAS THE RIGHT TO REFUSE TO LET YOU PARTICIPATE IF YOU DO NOT SIGN THIS FORM. By participating in activities at Quail Creek, you fully and unconditionally accept and agree to be bound by this Release.

The individual named below (referred to as "I" or "me") desires to participate in activities located at the Quail Creek Sporting Ranch (“Quail Creek”). In consideration of being permitted by Quail Creek to participate in the activities, I agree to all the terms and conditions set forth in this instrument (this "Release").

I understand that in Florida, firearms, golf carts/utility vehicles (“buggies”), and motor vehicles are "dangerous instrumentalities," and misuse, malfunction, or negligent use of firearms, buggies or motor vehicles is likely to cause severe bodily injury or death. I understand the following: Handling firearms and being near others that are using or have firearms in their possession is potentially dangerous and involves risk; even when safely and properly used, firearms and motor vehicles may cause serious injury or death; clay targets and the launchers or traps used for clay targets may cause severe bodily injury or death; the hunting and shooting activities conducted at and by Quail Creek, and the observation of such activities, necessarily involve the use of firearms, buggies, motor vehicles, both on and off road, and clay targets and launchers/traps, and are hazardous activities; the hunting dogs used at Quail Creek are not house pets, and may bite, causing severe bodily injury or death; in addition, the grounds of Quail Creek and other properties used by Quail Creek also contain populations of wildlife capable of causing severe bodily injury, or death. Such wildlife includes, by example, and not by way of limitation, feral hogs, venomous snakes, alligators, and poisonous and disease carrying insects.

I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE A POTENTIALLY DANGEROUS AND INVOLVE RISK, INCLUDING SERIOUS INJURY, PAIN, SUFFERING, ILLNESS, DISABILITY, DEATH, PROPERTY DAMAGE AND/OR ECONOMIC LOSS. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF QUAIL CREEK, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF QUAIL CREEK. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM THE ACTIVITIES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF QUAIL CREEK OR OTHERWISE.

RULES AND CONDITIONS. I agree to abide by all federal, state and local laws and the rules and requirements of Quail Creek. I acknowledge that Quail Creek has the right to terminate my participation in the activities if (a) it is determined that my conduct is detrimental to the best interests of Quail Creek, the Releasees or any customer or visitor, (b) my conduct violates any rule of Quail Creek, (3) or at Quail Creek’s sole discretion.

RELEASE. Having been warned of the risks and dangers involved in the activities at Quail Creek, I accept and assume all risks associated with the activities and properties of Quail Creek in which I participate or observe. I hereby, for myself and my heirs, legal representatives, successors and assigns, expressly waive and release any and all liability, claims, demands, or causes of action, now known or hereafter known, against Quail Creek, and its owners, directors, officers, employees, agents, affiliates, successors, customers, and assigns (collectively, "Releasees"), arising out of or attributable to my participation in the activities, including my use of buggies, firearms, clay targets and launchers, motor vehicles, boats, land and all other equipment or machinery utilized while I am on any property or facility, whether resulting from the negligence or other fault, either active or passive, of any of the Releasees, or from any other cause. I covenant not to make or bring any claim based on such activities against Quail Creek or any other Releasees, and I forever release and discharge Quail Creek and all Releasees from liability under such claims.

AGREEMENT NOT TO SUE. I agree not to institute any lawsuit or cause of action against any of Releasees, or to initiate or to assist in the prosecution of any claim for damages against Releasees which I may have by reason of injury to my person or property, or my death, arising from the activities covered by this Agreement. I further agree that my spouse/partner, heirs, executors, administrators, personal representatives, or anyone else claiming on my behalf, shall not institute any lawsuit, cause of action, or claim for damages against any of Releasees, nor shall they initiate or assist in the prosecution of any claim for damages against Releasees, which I, my spouse/partner, heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf may have by reason of injury to my person or property, or my death, arising from the activities covered by this Agreement, whether caused by the negligence or fault, either active or passive, of any of Releasees, or from any other causes, and I hereby so instruct my spouse/partner, heirs, executors, administrators, personal representatives, or anyone else claiming on my behalf. Should any such lawsuit or cause of action be instituted against any of Releasees, I agree that such Releasees shall be entitled to recover from me, or my estate, all attorney's fees, expenses, and costs incurred in the defense of such lawsuit or cause of action.

INDEMNIFICATION. I shall defend, indemnify, and hold harmless Quail Creek and Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind resulting from my actions, and whether caused by or contributed to in whole or part by any action or failure to act, negligence, breach of contract, or other misconduct on the part of Quail Creek, Releasees, or otherwise, while on Quail Creek’s premises, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Release.

INSPECTION. Prior to executing this Agreement and participating in or observing activities provided by Quail Creek, I acknowledge that I have inspected the facilities and equipment to be used, and I agree to inspect the facilities and equipment each time that I participate in or observe activities provided by Quail Creek, to assure myself of their safe condition.

PHOTO & VIDEO RELEASE. As a condition of my participation in the activities, I hereby grant to Quail Creek and their legal representatives and assigns, the irrevocable and unrestricted right to photograph, film, record and use my appearance, likeness, image, portrait, name, performance and any statements, remarks and sounds made by me while on Quail Creek’s premises (all these items being referred to as "Photograph/Video Recordings"). Quail Creek may, but has no obligation to, reproduce, modify, publish, distribute, transmit, display, license or otherwise use the Photograph/Video Recordings for all purposes, including advertising, trade or any commercial purpose, in whole or in part in any media (whether now known or developed after this Release) throughout the world and in perpetuity without any limitation or restrictions. I agree that I am not entitled to any compensation in connection with this Release or the Photograph/Video Recordings.

DISPUTE RESOLUTION. I agree that all claims and disputes arising under or relating to this Agreement are to be settled by binding confidential arbitration in the state of Florida, pursuant to the applicable Arbitration Rules of the American Arbitration Association (“AAA”). Any decision or award as a result of any such arbitration proceeding shall be confidential and shall be provided in writing with an explanation for all conclusions of law and fact, including the assessment of costs, expenses, and reasonable attorneys' fees. Florida law shall govern any such dispute(s) to the extent the Arbitration Rules reference governing state law.

CONTINUATION OF OBLIGATIONS. I agree that the terms and conditions of this Agreement shall continue in full force and effect now and in the future at all times during which I utilize or observe in any manner the activities, services, or products provided by Quail Creek, and shall be binding upon my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf.

HEADINGS. The headings used throughout this Agreement are for convenience only and have no significance in the interpretation of the body of this Agreement.

ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties. I represent that, in entering this Agreement, I have not relied on any statements or representations apart from those contained within this Agreement. All previous representations are merged within this Agreement. My decision to enter into this Agreement is based strictly on the specific terms of this Agreement, and not on any representations, verbal promises, acts, omissions, or advertisements of Quail Creek. Further, any representations or communications not contained within this Agreement are agreed to be immaterial and do not survive the execution of this Agreement. This Agreement replaces any prior agreement.

VALIDITY OF AGREEMENT. I understand that if l institute, or if anyone on my behalf institutes, any lawsuit, cause of action, or claim for damages against any of Releasees because of injury to my person or property, or my death, as a result of my participation in or observance of the activities covered by this Agreement, this Agreement can and will be used in such proceeding.

SEVERABILITY OF PROVISIONS. I agree that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Florida and if any portions of this Agreement are found to be unenforceable or against public policy, that only those portions shall fail, and I agree to be bound to the remainder of this Agreement. I specifically waive any argument of unenforceability or public policy that I could make or could be made on behalf of my estate or by anyone who would sue Releasees as a result of my participation in or observance of activities provided by Quail Creek.

WAIVER OF RIGHTS. in signing this Release, I acknowledge and represent that I have read the foregoing Assumption of Risk and Release of Claims Release, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute the Release for full, adequate, and complete consideration fully intending to be bound by same.

First Participant's Name
First Name*
Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email
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.
Parent or Guardian's Name
First Name*
Last Name*
Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 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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