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VERO BEACH CLAY SHOOTING SPORTS

RELEASE OF LIABILITY AND ASSUMPTION OF RISK

The individual named below (referred to as "I" or "me") desires to participate in shooting sports or participate as a spectator to shooting sports (whether singular or plural, hereinafter referred to as the "Activities") provided by Elite Shooting Sports, LLC, a Florida limited liability company (the “Company”), at 5925 82nd Avenue, Vero Beach, FL 32966 (the "Property"). In consideration of being permitted by the Company to participate in the Activities at the Property and in recognition of the Company's reliance hereon, I agree to all the terms and conditions set forth in this instrument (this "Release").

I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE POTENTIALLY DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES AND ENTERING INTO THE PROPERTY WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME FULL RESPONSIBILITY FOR ANY AND ALL AND RISKS OF BODILY INJURY, DISABILITY, DEATH OR PROPERTY DAMAGE ARISING FROM THE ACTIVITIES OR ENTRY OR PRESENCE ON THE PROPERTY WHETHER CAUSED BY THE NEGLIGENCE OF COMPANY OR OTHERWISE. 

I hereby expressly release and waive any and all claims, now known or hereafter known, against the Company, and its officers, directors, managers, employees, agents, affiliates, members, successors, and assigns (collectively, “Releasees’”), on account of any injury, disability, death, or property damage arising out of or attributable tothe Activities, or my entry or presence on the Property whether arising out of the negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for intentional torts or any other liabilities that Florida law does not permit to be released by agreement.

I hereby agree to indemnify, release, and hold harmless, Company and all other Releasees from and against any and all losses, liabilities, damages, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including attorney fees, fees, and the costs of enforcing any right to indemnification under this Release, incurred by the Company or any other Releasees, arising out of or resulting from any claim of a third-party related to the Activities or my presence on the Property. 

I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activities. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company from any claim based on such treatment or other medical services.

I shall at all times during my participation in the Activities comply with all federal, state and local laws, codes, statutes, ordinances, rules, regulations, orders, judgments, and any rules and regulations periodically posted by the Company applicable to this Release and the Activities, including the rules set forth in Exhibit A, attached hereto and incorporated herein by this reference. I acknowledge that the Company makes no representation as to the condition of the Property or the safety of the Activities. I accept and shall use the Property in its “AS IS” condition. I acknowledge and agree that I am not relying upon any representation or statement by the Company or the Company’s employees, agents, sponsors, or representatives regarding this Release or the Property or the Activities, except to the extent such representations are expressly set forth in this Release.

This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. This Release is intended to be as broad and inclusive as permitted by the laws of Florida and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This Release is binding on and shall inure to the benefit of the Company and me and our respective successors and assigns. Any provision of this Release providing for performance by either party after termination of this Release shall survive such termination and shall continue to be effective and enforceable. No waiver of any term or right in this Release shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this Release shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Release thereafter. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal district court for the Southern District of Florida or the state courts located in Indian River County, Florida and I hereby consent to the exclusive jurisdiction of such courts. I IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY SUITS, CLAIMS, DEMANDS OR ACTIONS ARISING PURSUANT TO OR IN CONNECTION WITH THIS RELEASE, WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE; AND HEREBY AGREE AND CONSENT THAT ANY SUCH CLAIM, DEMAND OR ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY, AND THAT ANY PARTY HERETO MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS PARAGRAPH WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF EACH PARTY TO THE WAIVER OF ITS RIGHT TO TRIAL BY JURY. The non-prevailing party in any action or proceeding arising out of or relating to this Release shall be responsible for the payment of any and all costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) actually incurred by the prevailing party in any such action, promptly upon reasonable documentation thereof. 


 Exhibit A

SHOOTING RULES WILL BE STRICTLY ENFORCED. FAILURE TO FOLLOW THESE RULES AND ANY UNSAFE OR UNSPORTSMANLIKE CONDUCT WILL RESULT IN THE SHOOTERS’ REMOVAL FROM THE GROUNDS.

RULES:

  1. Think ‘SAFETY FIRST & ALWAYS’.
  2. There will be no loaded guns to and from shooting ranges/sporting clays course.
  3. Guns can only be loaded at the shooting station after the area is secure.
  4. Keep loaded guns always pointing in a safe direction.
  5. When not on a shooting station your gun must be unloaded and with the action open.
  6. There will be no shooting at any other location at Vero Beach Clay Shooting Sports property other than sporting clays & 5 stand ranges.
  7. Shooting of animals and birds is strictly forbidden whilst on Vero Beach Clay Shooting Sports property.
  8. Only one shooter in a station at one time. All other shooters and/or spectators must stay in safe areas behind shooting stations.
  9. All shooters and spectators must wear eye and ear protection at all times.
  10. A maximum of 2 shells in a shotgun at any one time.
  11. No shells larger than 12 gauge with 3 drams of powder and shot size larger than 7 ½.
  12. In case of a misfire, keep gun pointed down range for 30 seconds with the action closed before trying to correct the situation.
  13. There will be no alcoholic beverages or narcotics or other prohibited substances on any range at any time. Anyone appearing to be intoxicated will not be allowed on the course.
  14. Children must be supervised by adults at all times.
  15. Children under 15 will not be allowed to use golf carts.
  16. No one is allowed in restricted areas off the pathways at any time.
  17. Please no littering, place empty shells in the bins provided: empty hulls on the ground are property of the club.
  18. NEVER make an attempt to repair any machine or equipment, call -office at 772-978-0935, a member of staff will make the repair.


ANYONE WHO DESIRES TO PARTICIPATE IN SHOOTING SPORTS OR DESIRES TO PARTICIPATE AS A SPECTATOR OF SHOOTING SPORTS AT VERO BEACH CLAY SHOOTING SPORTS MUST SIGN AND HAVE WITNESSED A RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT.


BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS RELEASE, I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS RELEASE. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT.


First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*

I am the parent or legal guardian of the minor named above. I have the legal right to consent to and, by signing below, I hereby consent and agree to the terms and conditions of this Release of Liability and Assumption of Risk.




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*

Middle Name

Last Name*

Phone*
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Date of Birth*
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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