ESE Christmas Classic Waiver & Release

Jupiter Christian School Christmas Classic Clay Shoot
Waiver of Liability and Hold Harmless Agreement

As in all sports involving guns, there is the possibility of shrapnel deflection off trees, targets, and other solid objects on the shooting course. Likewise pieces of clay targets or whole targets may fall near or strike the shooter. For all of these reasons, Jupiter Christian School requires the use of protective shooting glasses and ear protection when shooting on or observing the target ranges.

1. I understand the inherent risks involved in recreational sport shooting, and by my signature, I hereby RELEASE, WAIVE, DISCHARGE, and HOLD HARMLESS, Jupiter Christian School, it officers, employees, and volunteers (hereinafter referred to as ORGANIZATION) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by my person, or to any property belonging to me, while participating in the Jupiter Christian School Christmas Classic Clay Shoot (hereinafter referred to as the EVENT).
2. I am fully aware of the risks and hazards connected with participating in the EVENT, including the risk of physical injury, disability, or death, and I am voluntarily participating in said activity. I VOLUNTARILY ASSUME FULL REPSONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH that may be sustained, or any loss or damage to property as a result of being engaged in any part of the EVENT.
3. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the ORGANIZATION from any loss, liability, damage, or costs that I may incur due to participation in the EVENT.
4. It is my express intent that this Release and Hold Harmless Agreement shall bind the members of my family and spouse (if any), if I am alive, and my heirs, assignees, and personal representatives, if I am not alive, and shall be deemed as a RELEASE, WAIVER, AND DISCHARGE of the above named ORGANIZATION. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Florida.
5. I understand that the ORGANIZATION will not be responsible for any medical costs associated with any injury that occurs while participating in the EVENT.
6. further agree to become familiar with the rules and regulations of the EVENT. I will further assume complete risk of any activity done in violation of any rule, directive, or instruction.
   

IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read and understand the foregoing Waiver of Liability and Hold Harmless Agreement. I am fully competent and I execute this Release for full, adequate, and complete consideration fully intending to be bound by same.

ASSUMPTION OF RISK AND
RELEASE OF CLAIMS

DISCLOSURES. In Florida, firearms, golf carts, and motor vehicles are “dangerous instrumentalities.”Misuse, malfunction, or negligent use of firearms, golf carts or motor vehicles is likely to cause severe bodily injury or death.Even when safely and properly used, firearms and motor vehicles may cause hearing damage.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 Entities, and the observation of such activities, necessarily involve the use of firearms, golf carts, 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 Entities 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.

RELEASE. Knowing the risks and dangers involved, and having been warned of the risks and dangers involved in the activities provided by Quail Creek Entities, I accept and assume all risks associated with the activities and properties of Quail Creek Entities in which I participate or observe, or which may otherwise occur, and on other properties utilized by Quail Creek Entities.I hereby release and discharge Harris W. Hudson, Fred Fanizzi, Steven W. Hudson, Peter Wright, Holly Bodenweber, Hudson Capital Group, Inc., Quail Creek Plantation, Inc., The Gator Cup, LLC and their collective employees, agents, instructors, officers, directors, managers, customers and members, the owners of all property, both real and personal, used for activities provided by Quail Creek Entities including but not limited to aircraft, golf carts, firearms rented or borrowed, shotgun shells, clay targets, target launchers/traps, motor vehicles, boats, heavy equipment and any and all other vehicles, equipment or machinery utilized while on or in any property or facility operated or used by Quail Creek Entities, and all other landowners, tenants, participants, and sponsors of any activity conducted at or by Quail Creek Entities (hereinafter collectively referred to as “Releasees”), from any and all liability, claims, demands, losses, damages, actions or causes of action whatsoever, including expenses, costs and reasonable attorneys’ fees, arising out of any damage, loss or injury to me or my property, or my death, while participating in or observing any of the activities covered by this Agreement, whether resulting from the negligence or other fault, either active or passive, of any of Releasees, or from any other cause.

AGREEMENT NOT TO SUE. I agree never 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, whether caused by the negligence or fault, active or passive, of any of Releasees, or from any other cause.I further agree that my 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 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 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, including any arising therefrom, whether or not such litigation is successful.

INDEMNIFICATION. In consideration of my participation in or observance of activities provided by Quail Creek Entities, if Releasees are made a party, by any person or entity, to any litigation commenced by or against me, then I will protect, indemnify and hold Releasees harmless and pay all expenses and legal fees incurred or paid by Releasees or such other parties in connection with the litigation. Such payment shall be made upon demand.I agree to indemnify, save, and hold Releasees harmless from any and all losses, claims, actions, or proceedings of every kind and character, including attorney’s fees and expenses, which may be presented or initiated by any other person or organization and which arise directly or indirectly from my participation in or observation of activities provided by Quail Creek Entities, whether resulting from the negligence or other fault, either active or passive, of any of the Releasees or from any other cause.The indemnity contained in this indemnification clause does not apply to any losses, claims, damages or other liabilities to the extent caused or contributed to by the gross negligence or intentional acts of Releasees.

INSPECTION. Prior to executing this Agreement and participating in or observing activities provided by Quail Creek Entities, 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 Entities, to assure myself of their safe condition.

PHOTO & VIDEO RELEASE. For valuable consideration received, I hereby grant to Quail Creek Entities and their legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs or video images of me, or in which I may be included, for editorial, trade, advertising and any other purpose and in any manner and medium, to alter the same without restriction; and to copyright the same. This includes any and all legal uses. I hereby release Quail Creek Entities and their representatives and assigns from all claims and liability relating to said photographs or video images.

APPLICABLE LAW/WAIVER OF JURY TRIAL/VENUE/ HEADINGS. I agree that the law of the State of Florida shall apply to the construction, interpretation, and validity of this Agreement. Florida law shall govern any dispute arising from this Agreement or the activities of Quail Creek Entities in which I participate or observe.SHOULD SUIT BE BROUGHT AGAINST RELEASEES, I HEREBY WAIVE THE RIGHT TO A JURY TRIAL. Venue shall lie solely in the appropriate state or county court located in Okeechobee County, Florida. In no event shall venue lie in any other jurisdiction, or in Federal court.The headings used throughout this Agreement are for convenience only and have no significance in the interpretation of the body of this Agreement.

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 Entities, and shall be binding upon my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf.

MERGER. 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 Entities. 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.

RULES AND CONDITIONS.I agree to strictly obeys all rules and regulations of Quail Creek Entities.

VALIDITY OF AGREEMENT.I understand that if I 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 court, and that agreements like this one have been upheld by courts in similar circumstances.

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 Entities.

WAIVER OF RIGHTS.I have had the opportunity to have this document reviewed by an attorney of my choice before signing it, and have either done so, or have chosen not to avail myself of this right. I understand that by signing this document, I am giving up important legal rights, and it is my intent to do so.

PARENT’S ASSUMPTION OF RISK AND
RELEASE OF CLAIMS FOR MINOR CHILD

I am the parent and legal guardian of _________________________________________________________, born _____________________ (hereinafter the “minor”). My minor wishes to participate, and I wish for my minor to participate, in activities provided by Quail Creek Plantation Inc. (“Quail Creek”) and The Gator Cup, LLC, collectively “Quail Creek Entities”.I understand that but for my execution of this Parent’s Assumption of Risk and Release of Claims for Minor Child (hereinafter the “Agreement”), my minor would not be able to take part in the activities which we both desire.

DISCLOSURES. In Florida, firearms, golf carts, and motor vehicles are “dangerous instrumentalities.”Misuse, malfunction, or negligent use of firearms, golf carts or motor vehicles is likely to cause severe bodily injury or death.Even when safely and properly used, firearms and motor vehicles may cause hearing damage.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 Entities, and the observation of such activities, necessarily involve the use of firearms, golf carts, 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 Entities 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.

RELEASE. Knowing the risks and dangers involved, and having been warned of the risks and dangers involved in the activities provided by Quail Creek Entities, on behalf of my minor, I accept and assume all risks associated with the activities and properties of Quail Creek Entities in which my minor participates or observes, or which may otherwise occur, and on other properties utilized by Quail Creek Entities.On behalf of my minor, I hereby release and discharge Harris W. Hudson, Fred Fanizzi, Steven W. Hudson, Peter Wright, Holly Bodenweber, Hudson Capital Group, Inc., Quail Creek Plantation, Inc., The Gator Cup, LLC and their collective employees, agents, instructors, officers, directors, managers, customers and members, the owners of all property, both real and personal, used for activities provided by Quail Creek Entities including but not limited to aircraft, golf carts, firearms rented or borrowed, shotgun shells, clay targets, target launchers/traps, motor vehicles, boats, heavy equipment and any and all other vehicles, equipment or machinery utilized while on or in any property or facility operated or used by Quail Creek Entities, and all other landowners, tenants, participants, and sponsors of any activity conducted at or by Quail Creek Entities (hereinafter collectively referred to as “Releasees”), from any and all liability, claims, demands, losses, damages, actions or causes of action whatsoever, including expenses, costs and reasonable attorneys’ fees, arising out of any damage, loss or injury to my minor or his/her property, or his/her death, while participating in or observing any of the activities covered by this Agreement, whether resulting from the negligence or other fault, either active or passive, of any of Releasees, or from any other cause.

AGREEMENT NOT TO SUE.I agree never to institute any lawsuit or cause of action on behalf of my minor against any of Releasees, or to initiate or to assist in the prosecution of any claim for damages against Releasees which my minor may have by reason of injury to his/her person or property, or his/her death, arising from the activities covered by this Agreement, whether caused by the negligence or fault, active or passive, of any of Releasees, or from any other cause.On behalf of my minor, I further agree that neither his/her nor my heirs, executors, administrators, personal representatives, or anyone else claiming on my or my minor’s 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 my minor, his/her heirs, executors, administrators, personal representatives, and/or anyone else claiming on his/her behalf may have by reason of injury to his/her person or property, or his/her 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 his/her and my heirs, executors, administrators, personal representatives, or anyone else claiming on his/her 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, including any arising therefrom, whether or not such litigation is successful.

INDEMNIFICATION. In consideration of my minor’s participation in or observance of activities provided by Quail Creek Entities, if Releasees are made a party, by any person or entity, to any litigation commenced by or against me or my minor, then I will protect, indemnify and hold Releasees harmless and pay all expenses and legal fees incurred or paid by Releasees or such other parties in connection with the litigation. Such payment shall be made upon demand.I agree to indemnify, save, and hold Releasees harmless from any and all losses, claims, actions, or proceedings of every kind and character, including attorney’s fees and expenses, which may be presented or initiated by any other person or organization and which arise directly or indirectly from my minor’s participation in or observation of activities provided by Quail Creek Entities, whether resulting from the negligence or other fault, either active or passive, of any of the Releasees or from any other cause.The indemnity contained in this indemnification clause does not apply to any losses, claims, damages or other liabilities to the extent caused or contributed to by the gross negligence or intentional acts of Releasees.

INSPECTION. Prior to executing this Agreement and allowing my minor to participate in activities provided by Quail Creek Entities, I have inspected the facilities and equipment to be used by my minor, and I agree to inspect the facilities and equipment each time my minor participates in activities provided by Quail Creek Entities, to assure myself of their safe condition.

PHOTO & VIDEO RELEASE. For valuable consideration received, I hereby grant to Quail Creek Entities and their legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs or video images of my minor, or in which he/she may be included, for editorial, trade, advertising and any other purpose and in any manner and medium, to alter the same without restriction; and to copyright the same. This includes any and all legal uses. I hereby release Quail Creek Entities and their representatives and assigns from all claims and liability relating to said photographs or video images.

APPLICABLE LAW/WAIVER OF JURY TRIAL/VENUE/ HEADINGS. I agree that the law of the State of Florida shall apply to the construction, interpretation, and validity of this Agreement. Florida law shall govern any dispute arising from this Agreement or the activities of Quail Creek Entities in which my minor participates or observes. SHOULD SUIT BE BROUGHT AGAINST RELEASEES, I HEREBY WAIVE THE RIGHT TO A JURY TRIAL.Venue shall lie solely in the appropriate state or county court located in Okeechobee County, Florida. In no event shall venue lie in any other jurisdiction, or in Federal court.The headings used throughout this Agreement are for convenience only and have no significance in the interpretation of the body of this Agreement.

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 my minor utilizes or observes in any manner the activities, services, or products provided by Quail Creek Entities, and shall be binding upon my minor’s heirs, executors, administrators, personal representatives, and/or anyone else claiming on my minor’s behalf.

MERGER. 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 Entities. 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.

RULES AND CONDITIONS.I agree to ensure that my minor strictly obeys all rules and regulations of Quail Creek Entities.

VALIDITY OF AGREEMENT.I understand that if I institute, or if anyone on behalf of my minor’s behalf institutes, any lawsuit, cause of action, or claim for damages against any of Releasees because of injury to my minor’s person or property, or his/her death, as a result of my minor’s participation in or observance of the activities covered by this Agreement, this Agreement can and will be used in court, and that agreements like this one have been upheld by courts in similar circumstances.

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 minor’s estate or by anyone who would sue Releasees as a result of my minor’s participation in or observance of activities provided by Quail Creek Entities.

WAIVER OF RIGHTS.I have had the opportunity to have this document reviewed by an attorney of my choice before signing it, and have either done so, or have chosen not to avail myself of this right. I understand that by signing this document, on behalf of my minor, I am giving up important legal rights on behalf of my minor, and it is my intent to do so.

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN: READ THIS FORM COMPLETELY AND CAREFULLY.YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY.YOU ARE AGREEING THAT, EVEN IF, QUAIL CREEK ENTITIES AND RELEASEES AS DEFINED ABOVE USE REASONABLE CARE IN PROVIDNG THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED.BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM QUAIL CREEK ENTITIES AND RELEASEES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY.YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM AND QUAIL CREEK ENTITIES AND RELEASEES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM