c. The hazards of misuse of firearms, including injury or death resulting from firearm discharge;
d. Physical pain and bruising of the arm, shoulder, chest, face areas caused by firearmrecoil;
e. Damage to hearing caused by high decibel levels resulting from firearm discharge;
f. Damage to body caused by projectiles;g. Hazards resulting from the exposure of lead and other materials used in shootingsports;h. Hazards of being exposed to the forces of nature including, snow, ice, rain,lightning, wind, sun, etc.;
i. Hazards of traveling in a vehicle and/or ATV, golf cart, or side-by-side by me oranother individual;
j. Hazards of participating in any and all types of outdoor activities; and
k. Hazards of any participant in the Activities that fails to abide by the rules andpolicies of Magnolia Sporting Clays or otherwise fails to act in a reasonable prudentmanner at any time on Magnolia Sporting Clays’ premises.
3. I understand and accept that these risks expose me to serious bodily injury and death, whichmay impair my future abilities to earn a living, to engage in business, social and recreationalactivities, and general enjoyment of life.
4. Understanding the risks discussed above, and understanding that the Activities may subjectme to rigorous physical exertion, I hereby state that I am physically fit to participate in theActivities.
5. I agree to abide by and to cause my Immediate Family Members and guests to abide by allrules and policies of Magnolia Sporting Clays.
6. IN CONSIDERATION OF MY BEING PERMITTED TO PARTICIPATE IN THEACTIVITIES, AND AS A CONDITION OF THE RIGHT TO PARTICIPATE INTHE ACTIVITIES, I PERSONALLY ASSUME ANY AND ALL RISKS RELATED INANY WAY TO SUCH ACTIVITIES.
7. RELEASE OF LIABILITY. I ALSO HEREBY WAIVE, RELEASE, AND FOREVERDISCHARGE MAGNOLIA SPORTING CLAYS AND ALL OF ITS MANAGERS,MEMBERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTSFROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES,LIABILITIES, PENALTIES, ATTORNEYS FEES AND ANY OTHER FEES, COSTSOR EXPENSES (COLLECTIVELY “CLAIMS”) RESULTING FROM OR ARISINGOUT OF ACTIVITIES ON MAGNOLIA SPORTING CLAYS’ PREMISES BYMYSELF, MY IMMEDIATE FAMILY MEMBERS, OR GUESTS CAUSED BY THE NEGLIGENCE OF MAGNOLIA SPORTING CLAYS OR ANY OTHER MEANS.
8. INDEMNITY AND HOLD HARMLESS. I AGREE TO INDEMNIFY AND HOLD
HARMLESS MAGNOLIA SPORTING CLAYS AND ALL OF ITS MANAGERS,
MEMBERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS
FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES,
LIABILITIES, PENALTIES, ATTORNEYS FEES AND ANY OTHER FEES, COSTS
OR EXPENSES (COLLECTIVELY “CLAIMS”) RESULTING FROM OR ARISING
OUT OF ACTIVITIES ON MAGNOLIA SPORTING CLAYS’ PREMISES BY
MYSELF, MY IMMEDIATE FAMILY MEMBERS, OR GUESTS CAUSED BY THE
NEGLIGENCE OF MAGNOLIA SPORTING CLAYS OR ANY OTHER MEANS.
9. ARBITRATION. I AGREE THAT ALL DISPUTES, CONTROVERSIES OR
CLAIMS OF ANY KIND AND NATURE BETWEEN ME AND MAGNOLIA
SPORTING CLAYS AND ALL OF ITS MANAGERS, MEMBERS, PARTNERS,
OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL, AT THE WRITTEN
ELECTION OF ME OR MAGNOLIA SPORTING CLAYS, BE SUBMITTED TO
ARBITRATION PURSUANT TO THE TERMS AND PROCEDURES SET FORTH
IN THIS AGREEMENT. A DISPUTE OR CONTROVERSY OR CLAIM MAY
INCLUDE, BUT SHALL NOT BE LIMITED TO, THE ISSUE OF WHETHER A
CLAIM, DISPUTE, OR CONTROVERSY MUST BE ARBITRATED OR YOUR
ELECTION OF THIS AGREEMENT AND/OR MY WILLINGNESS TO BE BOUND
BY THE TERMS OF THIS AGREEMENT. IN ADDITION, THE
COMMENCEMENT OF A LEGAL ACTION BY ME OR MAGNOLIA SPORTING
CLAYS SHALL NOT CONSTITUTE A WAIVER BY ME OR MAGNOLIA
SPORTING CLAYS OF EITHER PARTIES’ RIGHT TO SUBSEQUENTLY ELECT
TO SUBMIT ANY CLAIM, DISPUTE OR CONTROVERSY TO ARBITRATION
PURSUANT TO THE TERMS OF THIS AGREEMENT.
IF I OR MAGNOLIA SPORTING CLAYS ELECT TO SUBMIT A CLAIM, DISPUTE,
OR CONTROVERSY TO ARBITRATION, THEN SUCH CLAIM, DISPUTE OR
CONTROVERSY SHALL BE SETTLED BY ARBITRATION HELD IN HINDS
COUNTY, MISSISSIPPI. THE AMERICAN ARBITRATION ASSOCIATION’S
(“AAA”) RULES FOR ACCIDENT CLAIMS RULES WILL APPLY. IF AAA IS
UNWILLING OR UNABLE TO SERVE, WE WILL SUBSTITUTE AN
EQUIVALENT NATIONAL ARBITRATION ASSOCIATION. ARBITRATION
WILL BE CONDUCTED BY ONE NEUTRAL ARBITRATOR WHO IS A LICENSED ATTORNEY WITH AT LEAST 15 YEARS OF EXPERIENCE WITH
ARBITRATION. THE ARBITRATOR SHALL APPLY THE FEDERAL RULES OF
EVIDENCE AND SHALL RECOGNIZE AND APPLY CLAIMS OF PRIVILEGE.
ALL AWARDS MADE BY THE ARBITRATOR SHALL BE BASED ON
APPLICABLE LAW AND JUDICIAL PRECEDENT AND SHALL BE SUPPORTED
BY A WRITTEN OPINION PREPARED BY THE ARBITRATOR. ANY
JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE
ENTERED IN ANY COURT HAVING JURISDICTION.
Read the Foregoing Alternative Dispute Resolution Agreement Carefully. It limits certain of your rights, including your right to have a claim, controversy or dispute determined through a court action.
10. I UNDERSTAND THAT THE TERMS OF THIS AGREEMENT SHALL BIND ME,
MY HEIRS, SUCCESSORS, ASSIGNS AND PERSONAL REPRESENTATIVES.
11. This Agreement shall be effective on a continuous basis beginning as of the date written below until I am no longer a member at Magnolia Sporting Clay. This agreement shall cover and govern all Activities referred to herein.
12. I suffer from no legal disabilities or mental/physical disability, which would disable me from executing this Agreement and further that I have not taken any drugs or medication prior to the execution of this Full and Final Release and Hold Harmless Agreement which would prevent me from understanding the terms herein.
13. I have entered into this Agreement voluntarily.
14. I agree to allow Magnolia Sporting Clays to use any and all photographs and/or videos of the Activities and/or the participants and guests for the purposes of advertising Magnolia Sporting Clays, and I hereby consent to such use.
I HAVE COMPLETELY READ THIS RELEASE AND HOLD HARMLESS AGREEMENT
AND FULLY UNDERSTAND AND VOLUNTARILY ACCEPT IT.