WAIVER OF LIABILITY; INDEMNIFICATION AGREEMENT AND COVENANT NOT TO SUE

THIS IS A LEGALLY BINDING AGREEMENT. BY SIGNING THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO BRING A COURT ACTION TO RECOVER COMPENSATION OR OBTAIN ANY OTHER REMEDY FOR INJURIES TO YOURSELF OR YOUR PROPERTY ARISING OUT OF YOUR USE OF THE FACILITIES OF BLACKJACK SPORTING CLAYS, LLC NOW OR ANY TIME IN THE FUTURE.

I acknowledge that I am over the age of eighteen (18) years. I, and on behalf of my heirs, agents, assigns, beneficiaries, executors and administrators, state that I understand that the activity that I have chosen to participate in (and/or observe) at the premises operated by Blackjack Sporting Clays, LLC (hereinafter “BJSC”) is very hazardous in that loaded firearms and weapons are discharged not only by myself but also by other BJSC Members, guests and visiting public. I agree to read and abide by all the BJSC Safety Rules and Regulations and I also agree to assume any and all risks associated to and with the use of the facilities, including but not limited to: participation in BJSC sponsored events, the use and discharge of firearms, accidental discharge of firearms and loss of personal property through misplacement, loss or theft while at BJSC.

I, and on behalf of my heirs, agents, assigns, beneficiaries, executors and administrators, for the consideration of being allowed to enter and use the facilities and services of BJSC and for other valuable considerations, do hereby absolutely and unequivocally agree to release, save and hold harmless BJSC, the Officers, Managers and Members of BJSC, its sponsors, agents, employees, instructors, assigns and successors in interest, as well as the landowner of the premises, Blackjack Land Holdings, LLC, from any claim, demand or liability (whether claimed by myself or another person or entity) which may arise out of any loss, damage, injury or death which I may sustain, as well as any theft, unexplained disappearance or damage which may befall my property accompanying me, whether while en route to or from, during participation in or during observation of any shooting event(s) or while on the BJSC premises, even if such loss, damage, injury, or death which I may sustain, or theft, unexplained disappearance, or damage which may befall my property arises from the negligence of BJSC, its officers, agents, or employees. I VOLUNTARILY ASSUME ALL SUCH RISKS FOR MY FAMILY MEMBERS, GUESTS AND MYSELF (and heirs, agents, assigns, beneficiaries, executors and administrators).

I, on behalf of myself and all family members, agree to indemnify and hold harmless BJSC, the Officers, Managers and Members of BJSC, its agents, employees, instructors, assigns and successors in interest for any and all damages caused by my use of the BJSC property and discharge of firearms which would include, but not be limited to, damages or personal injuries caused by my negligence and / or the negligence of minors or other persons that I have brought to BJSC, and attorney fees and costs to defend any and all claims brought against BJSC, the Officers, Managers and Members of BJSC, its agents, employees, instructors, assigns and successors in interest resulting from my use of the BJSC facilities or that of minors or other persons that I have brought to BJSC.

I further acknowledge the right of BJSC Officers, Employees, or Range Officers to immediately terminate my participation in activities upon any failure of mine (or my guests) to fully comply with all BJSC Rules and Safety Procedures and directions of the Range Officer. I hereby state that I am under NO legal injunction that prohibits my owning, possessing, handling or using any of the firearms used in the events at BJSC.

By my signature below, I certify that I have read, understand and agree to the terms and conditions of this Release and Waiver and the BJSC Rules and Safety Procedures attached as Page 2 hereof. I also agree that I (and any minors and guests brought with me) will, at all times within the BJSC premises wear appropriate eye and ear protection. It is intended that this Release and Waiver be valid for all visits to Blackjack Sporting Clays upon my signature of this document for now and any time in the future.

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BLACKJACK SPORTING CLAYS RULES AND SAFETY PROCEDURES

Safety is paramount at Blackjack Sporting Clays.By your initials below you confirm that you have reviewed these rules and will follow them at all times on the Blackjack Sporting Clays premises. Any shooter posing a danger to others will be subject to removal from the premises and membership can be revoked if a shooter continues to show poor safety procedures.

Any new shooter may ask for an introduction to sporting clay shooting and safe shotgun handling procedures. Please let someone at the front desk know you are a new shooter and would like such an introduction.

SAFETY RULES AND PROCEDURES:

  1. Maintain muzzle control at ALL times.
  2. Any uncased shotgun must be carried broken open or with the action open in the case of semi-autos.
  3. Always place shotguns in the provided gun racks when not shooting. Never lay a shotgun on the ground, against a tree or put the muzzle in the grass or dirt. When moving with any semi-auto shotgun, the action must be open and the muzzle pointed straight up.
  4. Load shotguns only when standing in a shooting house.
  5. Small shot only (#7 ½ or smaller).
  6. Maximum of two (2) shells in the shotgun at one time.
  7. Only clay birds thrown by machines may be shot.
  8. All missfires or duds must be removed from the Blackjack premises by the owner. Do not leave them on the ground or in the trash.
  9. Eye and ear protection to be worn at all times on the range.
  10. Contact the Range Master immediately if a trap is broken or throwing un-shootable targets. NEVER attempt to clear a trap machine yourself.
  11. Shotguns must be of a sporting type. No home defense, tactical or pistol grips.
  12. Help keep the area clean at all times. Pick up hulls after shooting at each station.
  13. Follow instructions of the Range Master, Shoot Management and/or Club Management. The Range Master is authorized to remove any shooter whose behavior is detrimental to the safe operations of the facility.
  14. All shooters must be legally able to own and operate a shotgun and not be a “Prohibited Person” defined by federal and state laws.
  15. Consumption of alcohol or other intoxicants immediately before or during range use is strictly forbidden.
  16. Operators of shooting carts must be age 16 or older and have a valid drivers license.

Initials


WAIVER OF LIABILITY; INDEMNIFICATION AGREEMENT AND COVENANT NOT TO SUE

THIS IS A LEGALLY BINDING AGREEMENT. BY SIGNING THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO BRING A COURT ACTION TO RECOVER COMPENSATION OR OBTAIN ANY OTHER REMEDY FOR INJURIES TO YOURSELF OR YOUR PROPERTY ARISING OUT OF YOUR USE OF BLACKJACK SPORTING CLAYS, LLC NOW OR ANY TIME IN THE FUTURE.

I acknowledge that the foregoing agreement is intended to be as broad and inclusive as permitted by the law of the State of Florida and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect. I understand that the terms of this agreement are legally binding and that I am signing this agreement, after having carefully read it, of my own free will.

NOTE: In the event a Parent or Guardian has authorized a minor child to shoot or participate in activities on or about the Blackjack Sporting Clays premises, such Parent or Guardian must read, execute and attach the Addendum hereto entitled “Notice to the Minor Child’s Natural Guardian”.

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