RELEASE AND WAIVER OF LIABILITY
ASSUMPTION OF RISK
In consideration of the use of the property, equipment, including and not limited to rental equipment, guns, golf carts, fishing poles, and other equipment including (referred to individually and collectively as “other equipment”), but not limited to, mountain bikes and ATVs, at The Preserve Sporting Club, the undersigned, being 21 years of age or older, for himself/herself and personal representatives, heirs, and next of kin does hereby:
1. Release, waive and forever discharge The Preserve Sporting Club, It’s assigns, agents, successors, and all affiliated companies together with their respective officers, directors, members, shareholders, employees, representatives, agents, successors or assigns (referred to individually and collectively as "Releasees") from any and all liability to the undersigned, his/her personal representatives, assigns, heirs, and next of kin for all losses or damages and all related claims, on account of injury to the person or property, or resulting in the death of the-undersigned which arise from or relate in any way to the undersigned's use of the golf cart, or other equipment, whether caused by the negligence of the Releasees or otherwise.
2. Covenant and agree that the undersigned shall not commence or maintain any suit thereon against Releases and agrees to indemnify, and hold harmless Releasees from and against any and all loss, liability, damage or cost incurred which arise or relate in any way to the undersigned's use of the golf cart, or other equipment, whether caused by the negligence of Releasees or otherwise. Agree to indemnify Releasees from any and all liability arising from the use of the golf cart, or other equipment.
3. Assume full responsibility for any risk of bodily injury, including death, or property damage arising out of or related in any way to the undersigned's use of the property, the golf carts, or other equipment, whether caused by the negligence of Releasees or otherwise. Agree to defend Releasees against lawsuit arising out of the use of the golf cart, or other equipment.
4. Acknowledge that the use of the golf cart, or other equipment, involves risk of serious bodily injury, including death, and property damage. In the event of accident, the undersigned expressly acknowledges that his/her injuries may be compounded or increased by negligent rescue operations or procedures of Releasees, and does hereby knowingly and expressly forever release and discharge Releasees from all claims arising therefrom.
5. Agree that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement extends to all acts and omissions, including negligence, of the Releasees, including but not limited to, negligent rescue operations, and is intended to be as broad and inclusive as is permitted by the laws of the State of Rhode Island. The undersigned further agrees that if any portion hereof is held invalid, it is agreed that the remaining terms shall, notwithstanding, continue in full legal force and effect.
6. I allow the The Preserve Sporting Club, to use my likeness, name, photos, and/or videos in any media form, including but not limited to social media, website or the like arising from my participation in any event or arising while I am on the grounds of The Preserve Sporting Club.
In consideration of permission to use, today, the property, facilities, staff, other equipment, and services, I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge The Preserve Sporting Club, its directors, officers, employees, and agents from liability from any and all claims including the negligence of resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in activities, classes, observation, and use of facilities, premises, or other equipment.
I have read this complete release and waiver of liability, assumption of risk and indemnity agreement, and I certify that I am in good health, and I FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME. I further intend my signature to constitute a complete and unconditional release of all liability to the greatest extent allowed by law.
In agreeing to this complete release and waiver of liability, assumption of risk and indemnity agreement, the undersigned is also granted permission, to hunt on the property, with the issuance of a Preserve License from The Sporting Shoppe. In return for the privilege of hunting on this private property, I agree to obey the laws, and to observe all safety precautions and practices, and to take every precaution against fire, and to assume all responsibility and liability for my person and my property while on the landowner’s property.