NOTICE: READ THIS ENTIRE DOCUMENT BEFORE SIGNING.
THIS IS A RELEASE OF LIABILITY, ASSUMPTION OF RISK AND COST,
AND WAIVER OF CERTAIN LEGAL RIGHTS.
The Royal Stag Pheasant Preserve LLC, a Michigan limited liability company (the “Company”) operates a hunt club, the activities of which include (but are not be limited to): hunting, shooting (in the field and/or at a range), skeet shooting, archery, hiking, climbing (including in and out of ladder stand blinds), sporting activities, traveling by vehicle and/or off-road vehicle, use of dogs, use of certain structures and buildings, processing facilities and pads for game, and related strenuous activities (the “Activities”).
Company leases land from The Royal Stag Farm LLC, a Michigan limited liability company (“Lessor”), on which land the Activities occur. In the event the Company operates on other land, then this document shall apply to the Activities wherever operated. The land on which the Activities occur is collectively defined as the “Premises”. This Waiver and Release of Liability; Assumption of Risks; and Indemnification Agreement is referred to herein as the “Agreement”.
In consideration of being permitted to participate in the Activities, observe or assist with the Activities, enter upon the Premises, and/or use or receive the benefit of Company’s real and personal property (whether owned or leased), and for other good and valuable consideration, the receipt of which is hereby acknowledged, I hereby agree as follows:
- My participation in the Activities and use of the Premises is voluntary and subjects me to the possibility of physical injury (which could be minimal, serious, or result in death) and/or loss of or damage to my property (collectively, “Risks”). The Risks may result from: firearms, ammunition, noise, discharge of a projectile or shot, malfunction of sport shooting equipment not owned by the Company, natural variations in terrain (including hidden ground openings), surface or subsurface snow or ice conditions, bare spots, rocks, trees (including falling trees), poisonous plants and animals, other forms of natural growth or debris, and various other dangers which may forcibly occur during my participation in the Activities and/or on the Premises.
- I know of, understand, recognize and appreciate the Risks that are inherent (both natural and human-created) to the Activities and use of the Premises. I am voluntarily participating in the Activities on the Premises and assume the Risks and take full financial and other responsibility for them.
- I recognize the physical exertion involved in the Activities and attest and certify that I am physically fit to participate in the Activities, and I have not been advised otherwise by a health care professional.
- I hereby release, waive my right to commence an action against, covenant not to sue, and hold harmless the Company (including its members, managers, employees, agents, contractors, representatives, and volunteers) and the Lessor (including its members, managers, employees, agents, contractors, representatives, and volunteers) (collectively, “Releasees”) from all claims, suits, actions, proceedings, demands, losses, liability, damages, personal injuries, deaths, property liability, and all other loss or liability resulting directly or indirectly from or on account of my participation in the Activities and/or use of the Premises (“Claims”), including Claims arising from, related to, or resulting from the Risks, and further including Claims caused by the negligent acts or omissions of any or all of the Releasees.
- As between each of the Releasees and me, I will be solely responsible for any and all medical and related bills that I may incur because of any injury, as well as costs related to loss or damage to my property, that I may sustain from my participation in the Activities and/or use of the Premises, including those sustained while I am traveling to and from such Premises, regardless of the location or mode of transportation.
- With the aforementioned recognitions in mind, I agree to indemnify and hold harmless the Releasees from all claims, suits, actions, proceedings, demands, losses, liability, damages, personal injuries, deaths, property liability, and all other loss or liability resulting directly or indirectly from or on account of my participation in the Activities and/or use of the Premises (i.e., the Claims as defined above), such obligation to indemnify and hold harmless extending to the reimbursement of Company for all expenses and suits including but not limited to, judgments, attorney’s fees and court costs.
- This Agreement shall be binding on my family members, estate, heirs, executors, administrators, successors, assigns, and legal representatives, as well as any other party asserting a Claim on my behalf or on behalf of my estate.
- This Agreement shall be governed and construed according to the laws of the state of Michigan without regard to its conflict of laws provisions and any action or proceeding concerning any Claim or the meaning or effect of any provision of the Agreement shall be conducted only in the federal or state courts located in Grand Traverse County, Michigan, and that for such purposes, I expressly submit to the jurisdiction of such courts.
- This Agreement contains the entire understanding between and among the parties concerning these matters. No waiver, modification, or amendment of any of the terms of this Agreement shall be effective unless made in writing and signed by the party to be charged.
- If any portion of this Agreement is held invalid, the balance of the Agreement shall nonetheless continue in full legal force and effect.
- I am at least 18 years of age (or, if less than 18 years of age, have caused this Liability Waiver and Release to be signed by my parent or legal guardian), I agree that neither I nor any member of my family will sue the Releasees because of my participation in the Activities and/or my use of or presence on the Premises at any time.
- I specifically waive any claim or right to assert any cause of action or alleged case of action or claim or demand which has, through oversight or error intentionally or unintentionally or through a mutual mistake, been omitted from this Agreement.
- To obey all rules developed by the Company as well as the rules, regulations and staff of the Company, and agree that I may be removed from participation in the Activities and/or required to leave the Premises at any time for any reason that the Company’s staff deems adequate, in the staff’s sole discretion.
- To be financially responsible for any and all damage that I may cause while participating in the Activities and/or using the Premises.
- I, after consulting or having had the opportunity to consult with counsel, knowingly, voluntarily and intentionally waive any right to a trial by jury in any litigation based on or arising out of this Agreement.
I warrant that I have read and understand that this Agreement involves my waiver and release of significant rights and my assumption of significant indemnification responsibilities in participating in the Activities on the Premises.
I HAVE READ AND UNDERSTOOD THIS WAIVER AND RELEASE OF LIABILITY; ASSUMPTION OF RISKS; AND INDEMNIFICATION AGREEMENT, HAVE HAD THE OPPORTUNITY TO HAVE LEGAL COUNSEL REVIEW THIS LIABILITY WAIVER AND RELEASE, AND I AM AWARE THAT BY SIGNING THIS LIABILITY WAIVER AND RELEASE I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MEMBERS OF MY FAMILY, MY HEIRS, NEXT OF KIND, EXECUTORS, ADMINISTRATORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS MAY HAVE AGAINST THE RELEASEES (AS DEFINED ABOVE).