Welcome to St. Charles Bay Hunting Club (the “Club”). In consideration of the Club allowing you to use the Club facilities and assets, for recreational activities, we ask that each of our guests complete this Assumption of Risk/Release and Waiver of Liability and Indemnity Agreement (collectively “Agreement”) before hunting, fishing, or staying with us. The Club takes safety and game laws very seriously. You will not be allowed to hunt or fish with us or use the Club facilities or assets until you and your Member Host have completed this form and submitted it online. Please do not hesitate to ask your Member Host or our Club Manager any questions about any subject covered or not in this Agreement.
I have read, understand and am familiar with the Club’s Safety Rules below, the current hunting/fishing season, bag limits, and Federal/State regulations. I understand that, irrespective of otherwise applicable laws regarding legal game, the Club is strictly a duck hunting club. No geese, cranes or other birds may be hunted while at the Club.
Assumption of My Risk
Club recreational activities involve the use of firearms, fishing equipment, boats, motors, etc., as well as exposure to water and an outdoor environment which are impacted by the weather. All these activities necessarily and inherently involve risk and exposure to accidental injury or death. I understand and acknowledge that there are risks inherent and associated with Club recreational activities and that the Club does not and cannot assure my safety while engaged in these recreational activities. I understand that the Club does not assume responsibility or incur liability for any injuries or damages I incur to any property while I am engaged in the aforesaid Club activities. I accept that there are risks while participating in Club recreational activities, including but not limited to, injury or death arising from being shot, trailering a boat, riding in a boat, falling out of a boat, falling while moving to/from a boat, being struck by a boat or boat prop, and/or falling on, off, or through a pier or duck blind. In consideration of the Club allowing me to use the Club and assets owned or rented/hired by the Club and participate in these activities and any other activities I willfully engage in while at the Club or on a Club outing, I assume responsibility and liability for the risk of injury and any injuries and damages that might be incurred while participating in the aforesaid.
Release and Waiver of Liability and Indemnity Agreement
(Read carefully before continuing)
I AM A GUEST OF THE CLUB AND HEREBY (1) RELEASE AND FOREVER DISCHARGE AND (2) INDEMNIFY AND HOLD HARMLESS, THE CLUB, AND ITS SHAREHOLDERS, MEMBERS, DIRECTORS, GOVERNORS, OFFICERS, AGENTS, AND EMPLOYEES (THE “INDEMNIFIED PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LAWSUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES AND OTHER LIABILITIES INCLUDING, BUT NOT LIMITED TO ATTORNEY FEES, ARISING OUT OF, CONNECTED WITH, OR OTHERWISE ARISING OUT OF OR RESULTING FROM ANY USE OF THE CLUB IN ANY WAY, ANY INJURY TO ME OR, IF APPLICABLE, TO MY CHILD OR CHILDREN (INCLUDING ANY INJURIES RESULTING FROM THE NEGLIGENCE OF ANY OF THE INDEMNIFIED PARTIES), OR ANY OTHER PERSON OR GUEST, OR ANY INJURY TO ANY INDIVIDUAL OR DAMAGE TO ANY PROPERTY CAUSED BY ME OR, IF APPLICABLE, MY CHILD OR CHILDREN. THIS INDEMNIFICATION AND RELEASE SHALL BE BINDING ON MY (AND, IF APPLICABLE, MY CHILD’S, AND/OR CHILDREN’S) HEIRS, EXECUTORS, ADMINISTRATORS AND PERSONAL REPRESENTATIVES. THE INDEMNITY PROVIDED FOR IN THE PRECEDING SENTENCE SHALL COVER ALL DIRECT OR INDIRECT CLAIMS, CAUSES OF ACTION, OTHER LEGAL PROCEEDINGS, PAYMENTS, JUDGMENTS, LIABILITIES, DAMAGES, BONDS AND PREMIUMS THEREFOR, AND COSTS AND EXPENSES PAID OR INCURRED, INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES.
I agree that this Agreement is performable in Aransas County, Texas. To the extent that any provision of this Agreement is unenforceable, it shall be deemed to be severable and shall not defeat the enforceability of the remaining provisions. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.
Your online electronic signature on this Agreement is valid for all purposes and deemed the equivalent of an original signature.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT (OR TO THE EXTENT I DO NOT UNDERSTAND IT HAVE CONSULTED WITH AN ATTORNEY THAT HAS EXPLAINED IT TO ME TO MY FULL SATISIFACTION).