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State of North Carolina Yancey County

WAIVER OF LIABILITY, RELEASE AND HOLD-HARMLESS AGREEMENT

1. I, ("Participant"), hereby acknowledge that I have voluntarily applied to enter and to engage in and/or observe shooting and other activities at the premises of Big Ivy Guns, located at 1435 Silas Branch Road, Burnsville, Yancey County, North Carolina (“Big Ivy Guns" or "BIG”). I acknowledge that “shooting and other activities” includes any and all activities of any kind whatsoever in which I engage or that I observe while at Big Ivy Guns, whether provided or sponsored by Big Ivy Guns or not, such as but not limited to use of firearms, camping in vehicles and/or tents, and use of cabins and other buildings on BIG's premises (the "Activities")..

I Agree

2. I ACKNOWLEDGE AND UNDERSTAND THAT SHOOTING ACTIVITIES ARE INHERENTLY HAZARDOUS and involve both known and unanticipated risks that could result in damage or destruction of property and physical or emotional injury to myself or others. The risks include but are not limited to: being shot by or shooting myself or others; partial or total loss of eyesight or hearing; inhalation or other harmful contact with lead or other contaminants; and being struck by flying or falling objects. I understand that such risks cannot be eliminated without compromising the essential qualities of shooting activities.

I Agree

3. I FURTHER ACKNOWLEDGE AND UNDERSTAND THAT the nature of and condition of the BIG facilities, premises, and environment is such that both known and unanticipated hazards exist that create or contribute to both known and unanticipated risks inherent in entering BIG's premises, in using BIG's facilities and in engaging in or observing any Activities of any kind whatsoever while at BIG. The hazards include, but are not limited to, slippery, loose, or falling soil and rocks; unimproved, unmaintained, or uneven terrain, walkways, steps and roads. I understand that such hazards and risks cannot be eliminated without compromising the essential qualities of BIG.

I Agree

4. I ACKNOWLEDGE AND UNDERSTAND THAT BIG has no duty to undertake first-aid or rescue operations or procedures if any such property damage or physical or emotional injury occurs, and that any such operations or procedures may result in compounded or increased damages or injuries.

I Agree

5. I FURTHER ACKNOWLEDGE AND UNDERSTAND THAT BIG makes no warranty as to the design, manufacture, maintenance, condition or fitness for any particular purpose of any BIG facilities or equipment, including but not limited to eye/hearing protection and first-aid supplies.

I Agree

6. In consideration of being given permission to engage in Activities at Big Ivy Guns, I hereby RELEASE and DISCHARGE Big Ivy Gun Club, LLC (the "Company") and all members, owners, officers, directors, employees and agents of the Company, as well as Procon Staffing, LLC, Novacor Consulting Group, LLC, 770 Dillingham, LLC, 258 Asheville, LLC, Domco Technology, LLC, Brock Mountain Land Company, LLC, and Brock Management Company, LLC, and all members, owners, officers, directors, employees and agents of any such entity (collectively, the "Releasees") from and of, AND PROMISE NOT TO SUE THEM WITH RESPECT TO, any and all liability, claims, demands, and causes of action arising out of or related to any loss, damage, or injury, including but not limited to personal injury and/or death, that may be sustained by me or any property belonging to me, while participating in any Activity, while in, on or near any premises of BIG, REGARDLESS OF WHETHER SUCH LIABILITY, LOSS, DAMAGE OR INJURY IS CAUSED BY ANY NEGLIGENT ACTION OR OMISSION OF ANY RELEASEE and regardless of whether such liability, loss, damage or injury arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law.

I Agree

7. I choose to participate in the Activity, knowing that it may be hazardous to me personally and/or my property. No one is requiring me to participate in any Activity. I voluntarily assume full responsibility for any loss, property damage, personal injury or death that I may suffer as a result of my engaging in any Activity, REGARDLESS OF WHETHER CAUSED BY THE NEGLIGENCE OF ANY RELEASEE, to the fullest extent allowed by law.

I Agree

8. I AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES against and from any and all loss, liabilities, damages, or costs, including but not limited to court costs and attorneys' fees, that they may suffer or incur as a result of my participation in any Activity, REGARDLESS OF WHETHER CAUSED BY THE NEGLIGENCE OF ANY RELEASEE, to the fullest extent allowed by law.

I Agree

9. I want this Waiver of Liability, Release and Hold-Harmless Agreement (the "Agreement") to bind and be enforceable against my spouse (if any) and the members of my family if I am alive, and my heirs, the beneficiaries of my estate, and my assignees and personal representative if I am not. I also want this Agreement to apply to any Activity in which I engage at BIG, regardless of when it has occurred or of how much time has elapsed since I signed this Agreement.

I Agree

10. I represent and warrant that I may lawfully possess firearms and ammunition, and that I have no medical, physical or mental condition that could compromise my safety or the safety of others while entering upon or using BIG's premises or property.

I Agree

11. I hereby grant permission to BIG to use any media (meaning photographs or videos) collected of me during the course of my activities at BIG. This use extends to any legal use of such media (excluding any use that is defamatory or obscene). I understand, by granting this permission to BIG, that I am waiving my right to any publicity-related claim that I may otherwise have, in consideration for the opportunity to participate in Activities at BIG.

I Agree

12. This Agreement is to be construed in accordance with the laws of the State of North Carolina. Any lawsuit or legal proceeding resulting from my participation in any Activity must be litigated only in the appropriate state or federal courts located in Yancey, Madison or Buncombe counties of North Carolina. Any part of this Agreement that is deemed unlawful or unenforceable can be disregarded by the court without any effect on the remaining provisions.

I Agree

13. I am at least eighteen (18) years old; I have read this Agreement and understand it; and I have signed it voluntarily for the purpose of being bound by it. No one on behalf of any Releasee has said anything to me, orally or in writing, that contradicts anything set forth above.

I Agree

14. I UNDERSTAND THAT, BY SIGNING BELOW, I MAY BE GIVING UP SUBSTANTIAL RIGHTS, I AM AGREEING NOT TO SUE BIG AND/OR ITS AFFILIATES, AND AM RELEASING THEM AND HOLDING THEM HARMLESS FROM ALL LIABILITY.

I Agree

October 2, 2023




First Participant's Name

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

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

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

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

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

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

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Eighth Participant's Name

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

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Tenth Participant's Name

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

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A signed copy of this waiver will be sent to the email address you provide.
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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