, hereby agree to all rules and policies of the Magnolia Sporting

Clays (hereinafter referred to as “MSC” or the “Club”), including the Release and Hold Harmless Agreement, executed concurrently herewith.

Sponsoring Magnolia Sporting Clays Member

RELEASE AND HOLD HARMLESS AGREEMENT1

1. I wish to engage and/or participate in activities including, sporting clays, other shooting sports, and club events (collectively referred to herein as “Activities”) on property owned, leased, or licensed by GLG, LLC d/b/a Magnolia Sporting Clays (“Magnolia Sporting Clays”).

2. I understand and accept that participating or attending in any or all of the Activities exposes me to many risks and dangers, including but not limited to:

a. The hazards of shooting in general, including, but not limited to, weapon or
ammunition malfunctions that can result in explosions causing physical injury to the face, head, chest, or neck;

b. The hazards of self-inflicted wounds by firearms and/or bows;

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 firearm recoil;

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 shooting
sports;

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 or
another 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 and
policies of Magnolia Sporting Clays or otherwise fails to act in a reasonable prudent
manner at any time on Magnolia Sporting Clays’ premises.

3. I understand and accept that these risks expose me to serious bodily injury and death, which may impair my future abilities to earn a living, to engage in business, social and recreational activities, and general enjoyment of life.

 

4. Understanding the risks discussed above, and understanding that the Activities may subject me to rigorous physical exertion, I hereby state that I am physically fit to participate in the Activities.

5. I agree to abide by and to cause my Immediate Family Members and guests to abide by all rules and policies of Magnolia Sporting Clays.

6. IN CONSIDERATION OF MY BEING PERMITTED TO PARTICIPATE IN THE ACTIVITIES, AND AS A CONDITION OF THE RIGHT TO PARTICIPATE IN THE ACTIVITIES, I PERSONALLY ASSUME ANY AND ALL RISKS RELATED IN ANY WAY TO SUCH ACTIVITIES.

7. RELEASE OF LIABILITY. I ALSO HEREBY WAIVE, RELEASE, AND FOREVER DISCHARGE 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.

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.

affirm that I have the authority to act on said minor’s behalf and, as such, do hereby give my consent for him/her to engage and/or participate in any and all of the Activities. I declare that I have read and fully understand this Agreement and, that by signing below, I agree that all of the provisions of this Agreement are equally binding on me, my representatives, heirs, successors, assigns and next of kin, as they are upon said minor.

1. First time shooters to the Magnolia Sporting Clays (“MSC”) are required to read the safety rules and execute a Release and Hold Harmless Agreement liability release before shooting.

2. Ear and Eye protection are REQUIRED for all shooters, spectators, and personnel on courses and shooting stations.

3. All shooters must sign in at the club house BEFORE shooting.

4. All shooters must know how to use the gun safely.

5. All shooters must be sure the gun is safe to operate.

6. All shooters must use only the correct gauge (12ga, 20ga, 28ga, .410) ammunition for your gun.

7. Only 7 ½ , 8, and 9 shot size shells are allowed for all games at the club.

8. All guns must be kept UNLOADED with ACTION OPEN at all times when you are not at a shooting station.

9. Always keep gun pointed in a safe direction.

10. Always keep your finger off the trigger until ready to shoot.

11. Know your target and what is beyond. Make sure the down range area is unoccupied.

12. No more than TWO shells may be loaded when shooting Sporting Clays or 5 Stand.

13. Shoot only from designated shooting stations.

14. Load guns ONLY when on the shooting station and when you are ready to shoot.

15. Only 1 shooter is permitted to shoot at each target through and only 1 gun can be loaded at a time. There is NEVER a backup shooter.

16. Guns must be unloaded and action open BEFORE leaving shooting station.

17. In the event of a misfire or malfunction, keep the gun pointed down range, carefully open the action, unload the gun, and check the barrels for obstructions.

18. NEVER leave your gun unattended.

19. NEVER go into sporting clays or 5 Stand staging areas at any time. Only MSC staff members and approved personnel are allowed to load or repair any machines at the MSC.

20. NEVER go beyond the shooting stations on the sporting clays course or 5 Stand.

21. Report all safety violations to MSC personnel (601.351.5076 or info@magnoliaclays.com)

22. Only licensed drivers are allowed to drive any motorized vehicles on the MSC property.

23. Maximum vehicle speed on club property is 10 mph.

24. No alcoholic beverages are allowed prior to or during shooting.

25. MSC reserves the right to refuse service to anyone and to inspect all guns and ammunition brought to this facility.

26. MSC appreciates any help you give us in picking up your spent shells. There are trash drums located next to the stations on the sporting clays course and trash drums located at the 5 Stand.

27. Make sure you and your guests are in compliance of all club rules. Members will be held responsible for their guests’ actions and agree to indemnify and hold harmless MSC for their guests’ actions that result in injury and/or damages.

Magnolia Sporting Clays Physical Address: 1622 Capital Gun Club Rd. Mailing Address: 33 Twelve Oaks Pl., Madison, MS 39110 Telephone: (601) 351.5076 Email: info@magnoliaclays.com