RELEASE AND WAIVER OF LIABILITY
ASSUMPTION OF RISK AGREEMENT
In consideration of being permitted to use the property, facilities, staff, equipment, rental equipment, firearms, golf carts, fishing poles, and any other equipment, including but not limited to mountain bikes and ATVs (collectively referred to herein as the “Equipment”), at The Preserve Sporting Club, and in consideration of participation in the Adam Vinatieri Clays 4 Charity event and any related activities, the undersigned, being twenty-one (21) years of age or older, for himself/herself, personal representatives, heirs, and next of kin, hereby agrees as follows:
1. Release and Waiver of Liability
The undersigned does hereby release, waive, and forever discharge The Preserve Sporting Club, Adam Vinatieri, the Adam Vinatieri Foundation, all event sponsors, charitable partners, volunteers, celebrity participants, instructors, guests, affiliated companies, and their respective officers, directors, members, shareholders, employees, representatives, agents, successors, and assigns (collectively referred to as the “Releasees”) from any and all liability, claims, demands, actions, causes of action, losses, or damages of any kind whatsoever arising out of or related in any way to the undersigned’s use of the property, facilities, Equipment, golf carts, participation in the Adam Vinatieri Clays 4 Charity event, or participation in any activities or events, including claims arising from the negligence of the Releasees or otherwise, including injury to person, property, or death.
2. Covenant Not to Sue / Indemnification
The undersigned covenants and agrees not to commence or maintain any suit or legal proceeding against the Releasees arising out of or relating in any way to the use of the property, facilities, Equipment, golf carts, participation in the Adam Vinatieri Clays 4 Charity event, or participation in any activities or events. The undersigned further agrees to indemnify, defend, and hold harmless the Releasees from and against any and all claims, liabilities, damages, losses, costs, or expenses, including attorney’s fees, arising from or related to the undersigned’s use of the property, facilities, Equipment, golf carts, participation in the Adam Vinatieri Clays 4 Charity event, or participation in any activities or events, whether caused by the negligence of the Releasees or otherwise.
3. Assumption of Risk
The undersigned knowingly and voluntarily assumes full responsibility for any and all risks of bodily injury, illness, death, or property damage arising out of or related in any way to the use of the property, facilities, Equipment, golf carts, participation in the Adam Vinatieri Clays 4 Charity event, or participation in any activities, classes, events, demonstrations, observation, or related event functions. The undersigned understands and acknowledges that such activities involve inherent and significant risks and voluntarily accepts all such risks.
4. Emergency Response / Rescue Operations
The undersigned acknowledges that accidents may occur and expressly understands that any injuries sustained may be compounded or increased by negligent rescue operations, transportation, medical response, or emergency procedures by the Releasees. The undersigned knowingly and expressly releases and forever discharges the Releasees from any and all claims arising therefrom.
5. Broad Scope / Rhode Island Law
The undersigned agrees that this Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Rhode Island and shall apply to all acts or omissions of the Releasees, including negligence. If any portion of this Agreement is held invalid, the remaining portions shall continue in full legal force and effect.
6. Media Release
The undersigned grants The Preserve Sporting Club, Adam Vinatieri, the Adam Vinatieri Foundation, and all event promotional partners permission to use his/her likeness, name, photographs, and/or video in any form of media, including but not limited to social media, websites, promotional materials, advertisements, press releases, and related publications arising from participation in the Adam Vinatieri Clays 4 Charity event or from being present on the grounds of The Preserve Sporting Club.
7. General Release of Claims
In further consideration of being permitted to use the property, facilities, staff, Equipment, and services of The Preserve Sporting Club and to participate in the Adam Vinatieri Clays 4 Charity event, the undersigned, for himself/herself, heirs, personal representatives, and assigns, does hereby release, waive, and discharge the Releasees from liability for any and all claims, including claims arising from negligence, resulting in personal injury, accidents, illness, death, or property loss arising from participation in activities, classes, events, observation, and the use of the facilities, premises, or Equipment.
8. Hunting Privileges on Property
In agreeing to this 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, the undersigned agrees to obey all applicable laws, observe all safety precautions and practices, take every precaution against fire, and assume all responsibility and liability for his/her person and property while on the landowner’s property.
9. Acknowledgment of Understanding
The undersigned acknowledges that he/she has read this complete Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement, fully understands its terms, understands that substantial legal rights are being given up by agreeing to it, and agrees to it freely and voluntarily without any inducement, assurance, or guarantee being made. The undersigned further intends this agreement to be a complete and unconditional release of all liability to the greatest extent allowed by law.
