RELEASE OF LIABILITY AND ASSUMPTION OF RISK

 

All individuals desire to participate in hunting and related activities (any such activity hereinafter the "Activity") provided by Pin Oak Club, LLC, an Arkansas limited liability company (the "Company"). In consideration of being permitted by the Company to participate in the Activity and in recognition of the Company's reliance hereon, participants agree to all the terms and conditions set forth in this instrument (this "Release").

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PARTICIPANTS ARE AWARE AND UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF PERSONAL INJURY, PAIN, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. PARTICIPANTS ACKNOWLEDGE THAT ANY INJURIES SUSTAINED MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, PARTICIPANTS ACKNOWLEDGE THAT THEY ARE KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.

 

Participants hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers, manager(s), employees, agents, affiliates, members, successors, and assigns (collectively, "Releasees"), on account of injury, disability, death, or property damage arising out of or attributable to my participation in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. Participants covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that Arkansas law does not permit to be released by agreement.

 

This Release constitutes the sole and entire agreement of the Company and participants with respect to the subject release and waiver contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and participants and their respective heirs, successors, and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Arkansas without giving effect to any choice or conflict of law provision or rule (whether of the State of Arkansas or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts having jurisdiction over such matter which are located in Monroe County, Arkansas and I hereby consent to the exclusive jurisdiction of such courts.

 

If an individual not having reached the age of eighteen (18) is accompanying a participant who has reached the age of eighteen (18) during the Activity, the participant over eighteen (18) then hereby represent and warrant to the Releasees: (1) that they have entered the names of each such minor where indicated in the check-out process during booking; (2) that they are the parent or legal guardian of each such minor; and (3) that they have the legal right to consent to and, by completing the booking process hereby consent and agree to the terms and conditions of this Release of Liability and Assumption of Risk on behalf of each such minor. They further hereby agree to fully indemnify the Releasees from and against any and all claims asserted against any Releasee by or on behalf of such minor(s) on account of injury, disability, death, or property damage arising out of or attributable to any such minor’s participation in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise.

 

BY COMPLETING THE BOOKING PROCESS AND THE REQUIRED WAIVER, PARTICIPANTS ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT THEY ARE VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY. THEY ACKNOWLEDGE AND REPRESENT TO THE COMPANY THAT THE ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, OR IF THEY ARE NOT EIGHTEEN (18) YEARS OF AGE THEIR PARENT OR LEGAL GUARDIAN HAS COMPLETED THE REQUIRED WAIVER ON THEIR BEHALF.