SUMMER SIZZLER 2011
VOLUNTARY RELEASE OF RIGHTS AND WAIVER OF LIABILITY
The Paratrooper Association
4054 Regal Rose
San Antonio, TX 78259
PLEASE READ CAREFULLY! BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR DAMAGES.
NAME OF PARTICIPANT("Participant"): _______________________________
CITY: ______________________ STATE: ______ ZIP: __________
DATE OF BIRTH: ___________________
NAME OF PARENT OR LEGAL GUARDIAN
(if participant is under 18 years of age): _________________________________
CITY: _____________________ STATE: _______ ZIP: __________
THIS VOLUNTARY RELEASE OF RIGHTS AND WAIVER OF LIABILITY (the “Release”) is executed on _______________, by the Participant identified above, and, if applicable, his/her parent or legal guardian identified above, in favor of The Paratrooper Association, and Douglas and Shelley Hemingway.
WHEREAS, I, the undersigned, have been made aware and understand that to participate in any part of the Summer Sizzler 2011 (including, but not limited to, recreational firearms events) carries with it certain dangers, hazards and risks associated with those activities. I understand that these risks include the potential for serious bodily injury or death that may arise from the inherent nature of these activities. These risks include, but are not limited to Participant or other persons being shot by a firearm; suffering hearing loss; eye injury or loss; inhalation or contact with airborne contaminants and or flying debris; slipping or falling on uneven or loose terrain; firearm or ammunition malfunction, including but not limited to exploding overloads and bore obstruction; unsafe handling of firearms by any participant; negligent actions wholly or partly caused by other third parties beyond the control of The Paratrooper Association, Douglas and or Shelley Hemingway; accidents caused by a variety of human factors, acts or medical conditions of the participant and/or The Paratrooper Association, Douglas Hemingway and Shelley Hemingway, whether any of these conditions, acts or risks are foreseen or unforeseen, contemplated or not contemplated, obvious or hidden, or through omission or commission, negligence or error of any kind; and
WHEREAS, the undersigned agree to assume any and all risks of participation in any part of the Summer Sizzler 2011 (including being a participant in and/or spectator of recreational firearms events), and freely and voluntarily choose to participate in and/or be a spectator of these activities with full knowledge of these risks;
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Release, the undersigned hereby agree as follows:
1. Waiver of Claims. In consideration of being permitted to participate in the Summer Sizzler 2011, I waive, release and discharge any and all claims of any kind whatsoever that I may have against The Paratrooper Association and its directors, officers, employees, agents, and representatives; Douglas Hemingway, his heirs and assigns; and Shelley Hemingway her heirs and assigns (all of whom shall hereafter be referred to as the “Releasees”), including but not limited to any claim for damages, relief or compensation which I may have by reason of injury, death, property damage or loss of any kind arising out of my participation in any part of the Summer Sizzler 2011 (including being a participant in and/or spectator of recreational firearms events).
2. Hold Harmless. To exempt, absolve, hold harmless and indemnify the Releasees of and from any and all current or future responsibility, liability, duty of care, and/or claims arising out of any injury, death or loss while participating in any part of the Summer Sizzler 2011 (including being a participant in and/or spectator of recreational firearms events), even if such loss, damage, injury, or death is the result of negligence on the part of any or all of the Releasees, or from any other cause. The parent or legal guardian of any minor named above hereby expressly agree to indemnify and hold harmless the Releasees from any claims, losses, costs or expenses of any kind, including attorneys’ fees, which Releasees may incur as a result of any lawsuit, claim or demand made by said minor against Releasees for any of the activities contemplated herein, to include but not limited to any such lawsuit, claim or demand asserted against Releasees after said minor reaches the age of majority.
3. Covenant Not To Sue. I hereby covenant not to sue Releasees or be a party to any lawsuit, claim, demand, prosecution or action of law for any damages, relief, or compensation, which I may have by reason of injury, death, damage or loss of any kind whatsoever relating to the negligence on the part of any or all of the Releasees arising out of my participation in any part of the Summer Sizzler 2011 (including being a participant in and/or spectator of recreational firearms events).
4. Scope. This Release shall be effective and fully binding upon my heirs, next of kin, executors, administrators, and assigns in the event of my death.
5. Severability. If a court of competent jurisdiction should decide that any part of this Release is illegal, or unenforceable, or void as a matter of public policy or otherwise, such a determination shall not affect the validity, or enforceability of the remaining provisions.
6. Choice of Law. This Release shall be governed by and construed under the laws of North Carolina. I agree that any legal action or proceeding relating to this Release, or arising out of any injury, death, damage or loss as a result of my participation in any part of the Summer Sizzler 2011 (including being a participant in and/or spectator of recreational firearms events), shall be brought only in the District or Superior Court of Caswell County, North Carolina or the Federal District Court in the Middle District of North Carolina.
I have been given ample time to read this Release, fully accept its contents and conditions and agree to them by signing this Release voluntarily. I am aware that by signing this Release that I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, and assigned may have against the Releasees,
PARTICIPANT Signature: __________________________
Printed Name: ________________________________
PARENT OR LEGAL GUARDIAN Signature: ________________________
Printed Name: ________________________________