This Agreement is entered into between the undersigned (“Participant”) and Creative Entertainment Services, LLC (henceforth referred to as "SHATTERED TAYLOR"), located at 25710 Northline Rd, Taylor, MI 48180, in consideration for the participation in clay pigeon throwing and any related events, services, or activities offered by the Business.
1. ACKNOWLEDGEMENT OF RISKS:
I, the undersigned, understand that clay pigeon throwing involves the potential for serious injury, including but not limited to bodily injury, damage to property, or death. I am aware that participating in this activity may expose me to various risks, including but not limited to, the following:
- Projectiles (clay pigeons/pieces) causing injury or accidents.
- Lacerations on hands, face, or body from improper use/neglect of safety equipment.
- Physical strain or injury due to the activity’s nature.
2. ASSUMPTION OF RISK:
By signing this waiver, I voluntarily accept all risks associated with participating in the clay pigeon throwing activity, whether or not they are expressly stated in this document. I acknowledge that participation is entirely voluntary and that I am assuming full responsibility for any and all injuries, losses, damages, or costs that may arise from my participation.
3. RELEASE OF LIABILITY:
I, for myself, my heirs, executors, administrators, and assigns, hereby waive, release, and discharge SHATTERED TAYLOR, its employees, agents, contractors, officers, directors, and affiliates, from any and all claims, demands, causes of action, or liabilities arising out of or in connection with my participation in the clay pigeon throwing activity, including any injury, loss, or damage to myself or my property.
This release includes, but is not limited to, claims of negligence, personal injury, death, and property damage. I understand that this waiver applies to all claims, regardless of whether they arise from the actions of SHATTERED TAYLOR or any third parties.
4. INDEMNIFICATION:
I agree to indemnify and hold harmless SHATTERED TAYLOR, its employees, agents, and representatives, from any and all claims, demands, causes of action, or liabilities, including attorney’s fees, arising out of my participation in this activity.
5. CERTIFICATION OF FITNESS:
I certify that I am in good physical health and capable of participating in the clay pigeon throwing activity. If I am unsure of my ability to participate, I will consult a physician before engaging in the activity. I agree to inform SHATTERED TAYLOR of any medical conditions or restrictions that may affect my participation.
6. RULES AND INSTRUCTIONS:
I agree to abide by all safety rules, regulations, and instructions given by the staff of SHATTERED TAYLOR while participating in the clay pigeon throwing activity, including but not limited to wearing safety glasses and gloves while participating in the activity. Failure to follow instructions or rules may result in being asked to leave the premises without a refund.
7. MEDICAL TREATMENT:
In the event that I am injured or become ill during the activity, I consent to receiving medical treatment as deemed necessary by medical professionals. I agree to bear all costs associated with such treatment.
8. AGE REQUIREMENT:
I confirm that I am at least 18 years of age. If I am under the age of 18, I acknowledge that I need the consent of a parent or guardian, who is at least 21 and whose signature appears below, to participate in the clay pigeon throwing activity.
9. GOVERNING LAW:
In the event that I file a lawsuit against SHATTERED TAYLOR, I agree to do so solely in the state of Michigan in state or federal courts for Wayne County, Michigan which I agree is the proper jurisdiction and venue for any action, and I further agree that the substantive law of Michigan shall apply to that action without regard to the conflict of law rules of any state.
10. SEVERABILITY:
If any provision of this waiver is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
By signing below, I acknowledge that I have read and understand this waiver, and I voluntarily agree to its terms.