RELEASE OF LIABILITY AND ASSUMPTION OF RISK

 

The individual named below (referred to as “I” or “me”) desires to participate in the Strut Masters Championship hunting event and/or the post-hunting activities (collectively the “Activity”), which are to be hosted or conducted upon the premises of R.A. Wood Farms located at 39 Vandiford Thomas Road, Farmville, South Carolina (the “Premises”), organized by Strut Masters Championship, LLC, a South Carolina limited liability company (the “Company”). In consideration of being permitted by the Company to participate in the Activity and in recognition of the Company's reliance hereon, I agree to all the terms and conditions set forth in this instrument (this “Release”).

 

I desire to participate in the Activity, and I understand that by participating in the Activity and by using the Premises, I am exposing myself to risks associated with the Activity and use of the Premises. In exchange for being allowed to participate in the Activity and/or to use, or come upon, the Premises, and for other good and valuable consideration, the receipt and sufficiency of which I acknowledge, I hereby freely, voluntarily, and without duress execute this Release Agreement and agree to the following terms:

 

I hereby unconditionally and without reservation fully and forever waive, release and discharge the Company and its officers, directors, manager(s), employees, agents, affiliates, members, successors, and assigns (collectively, “Releasees”) from, and expressly waive, any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, that may arise from my participation in the Activity or the use of the Premises. I agree not to make or bring any such claim or demand against the Company or the Releasees, and fully and forever release and discharge the Company and the Releasees from any liability under such claims or demands.

 

I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.

 

I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including but not limited to reasonable attorney fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers arising out of or resulting from any claim of a third party related to my participation in the Activity, including any claim related to my own negligence or the ordinary negligence of the Company or the Releasees.

 

I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company and the Releasees, or any volunteers, from any claim based on such treatment or other medical services.

 

I am aware that the Premises are not monitored, and there are no security implements which provide any security measures to the Premises. I am aware and understand that participation in the Activity and use of the Premises may be inherently dangerous and may expose me to a variety of foreseen and unforeseen hazards and risks, including but in no way limited to increased risk of physical injury, virus, infection, and disease. I acknowledge that I have measured and considered those risks. I hereby expressly and specifically assume such risks, including any and all risk of injury, harm, or loss that I may incur as a result of participating in the Activity and using the Premises. I further understand that health authorities have advised the general public to limit activities to prevent the spread of and becoming infected with COVID-19 and other infectious diseases, and governmental authorities have provided guidelines and imposed restrictions upon public activity for such purposes. I acknowledge that participation in the Activity and use of the Premises may increase the risk of becoming infected with COVID-19 and other infectious diseases, and I hereby expressly assume such risks.

 

I understand and agree that I may be photographed and/or videotaped by the Company for internal and/or promotional use. I hereby grant and convey to the Company, and any of its affiliated entities, all right, title, and interest, including but not limited to, any royalties, proceeds, or other benefits, in any and all such photographs or recordings, and consent to the Company’s, or any of its affiliated entities’, use of my name, image, likeness, and voice in perpetuity, in any medium or format, for any publicity without further compensation or permission.

 

This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company, the Releasees, and me and our collective respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of South Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of South Carolina or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Marion County, South Carolina and I hereby consent to the exclusive jurisdiction of such courts. This Release may be executed in any number of counterparts, each of which is deemed to be an original, and all of which taken together shall constitute one and the same agreement. This Release may be executed electronically and delivered by facsimile or .PDF transmission, including DocuSign.

 

BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.