The Undersigned, {Name}, ("Releasor") states as follows:
1. I am at least eighteen (18) years old.
2. I understand that Flying B Ranch, located at 20802 S.W. Adams Road, Douglass, Kansas 67039, in Butler County, Kansas, is a remote, rural area that is not regularly monitored or inhabited.
3. I am voluntarily requesting to participate in recreational activities that involve use of firearms and ammunition for sporting clay shooting on Flying B Ranch (the “Activities”).
4. I agree to use and/or wear all safety equipment necessary for safely operating firearms and participating in the Activities and/or as may be requested by the host and/or outfitter when participating in such Activities. I am familiar with the use of firearms and have previously safely operated the firearm that I intend to utilize in conducting Activities. All of my firearms will remain unloaded until I reach the location of the intended Activity and in no event will I shoot for any moving vehicle.
5. I acknowledge that other individuals may be participating in the Activities and in no event is Flying B Lodging and Recreation LLC (“Flying B Lodging & Recreation”) or the owner of Flying B Ranch responsible for the acts or conduct of such individuals.
6. I acknowledge and understand that participation in the Activities and/or operation of firearms can be hazardous, depending upon how they are used, handled, and stored. The Activities involve a variety of risks, including, without limitation, user-error, jamming or misfiring, and the potential to be involved in an accident while participating in such Activities. Such an accident could result in serious physical injury, including brain damage, paralysis, or death. I further acknowledge and understand that there are additional risks, hazards, and dangers to myself and others that cannot be eliminated in connection with the Activities and on and about Flying B Ranch.
I consequently agree to each of the following:
(a) Assumption of Risk. I agree to assume the entire risk of any and all obstacles, hazards, damages, occurrences, accidents, and personal injury, including, but not limited to, disability or death, that I may suffer while (i) using any firearms or ammunition, (ii) participating in Activities; and/or (iii) in, on, or about the Flying B Ranch.
(b) Rules. I have read or am familiar with Flying B Lodging & Recreation’s rules incorporated herein. I agree to obey such rules and safety guidelines and agree that such rules and safety guidelines apply to me. I further agree to respect and comply with all applicable directions and/or instructions given to me by the host, outfitter, or representatives of Flying B Lodging & Recreation. I agree that the Flying B Lodging & Recreation’s hosts, guides, or outfitters do not replace common sense and that, as an adult, I will fully and completely utilize normal common sense when in, on, or about Flying B Ranch and/or participating in the Activities.
c) I affirm that I am not presently under the influence of alcohol, drugs, or any other
substance which could impair my faculties and/or judgment while participating in the
Activities and/or using firearms or ammunition.
(d) I agree that I am fully and completely responsible for the safe use of any firearms or ammunition during the Activities and that I will not participate in the Activities if I am of the belief that any other individual who is also participating in such Activities in not trained in the proper use of firearms and/or ammunition and/or is impaired.
(e) I agree to notify the host, outfitter, or a representative of Flying B Lodging & Recreation of any hazard or condition that is, or has the potential to be, unsafe or harmful to another person or property. I agree to notify the host, outfitter, or representative of Flying B Lodging & Recreation in the event that I believe any activity or action being taken by anyone in, on, or about the property presents a risk to me personally or the other guests.
(f) I, for myself, my heirs, successors, executors, and subrogees, hereby release Flying B Lodging & Recreation, a Kansas limited liability company, together with its successors in interest, assigns, employees, any related or affiliated entities (including Flying B Ranch LLC), their members, managers, shareholders, officers, directors, dealers, representatives, insurers, or agents (collectively “Released Parties”), of and from any and all actions, demands, losses, expenses, costs, and claims of compensation of any kind or character which arise out of, on account of, or are in any way related to my presence on the property and/or the Activities, whether or not the result of conduct of the Released Parties, or my own conduct, whether or not due to my own negligence, acts or omissions, or the negligence, acts or omissions of third parties. I understand that in the event of my personal injury, death, disability, or damages, of any type whatsoever, I and my estate are unable to seek recovery of resulting damages from any of these Released Parties.
(g) I understand that I may hereafter discover facts, or ascertain claims or demands, or causes of action, or damages, which were unknown to me at the time that I participated in the Activities. Nevertheless, I acknowledge it is my intention to fully and completely waive and release the Released Parties from all such unknown matters and claims.
(h) I hereby agree to indemnify and hold harmless the Released Parties against any and all claims, demands, losses, or expenses, including attorney’s fees, which may be incurred by the Released Parties as a result of my conduct, use of the firearms or ammunition, and/or
participation in the Activities.
(i) I acknowledge that no representation or warranty of any kind or nature has been given to me regarding the condition of the firearms, ammunition, or nature of the Activities. I agree that the Released Parties shall not be liable for any negligence during the Activities or use of the firearms or ammunition.
This Waiver and Release of Liability (Adult) (“Waiver”) constitutes the entire agreement between the undersigned and the Released Parties. This Waiver may not be modified in any way. If any part of this Waiver is determined to be invalid by law, all other parts of this Waiver shall remain valid and enforceable. This Waiver shall be governed by the laws of the State of Kansas.