Acknowledgement of Risk, Release & Indemnity Agreement ("Agreement")
I hereby acknowledge that I have voluntarily applied to enter on to and to engage in or to observe shooting and other activities on land, property, and facilities ("RANGE") owned, leased, licensed, improved or used by the Sioux River Sportsmen's Club, Inc ("CLUB"), to include the lessor of the land, City of Canton, South Dakota. I further acknowledge and understand that "shooting and other activities" includes any and all activities of any kind whatsoever in which I engage or observe while at the RANGE, whether sponsored by the CLUB or not. In consideration of my use of the RANGE, I agree as follows:
I ACKNOWLEDGE AND UNDERSTAND THAT SHOOTING ACTIVITIES ARE INHERENTLY HAZARDOUS and involve both known and unanticipated risks which could result in damage or destruction of property and physical or emotional injury, including paralysis or death, of myself or of other persons. The risks include, but are not limited to: being shot by or shooting myself or others; partial or total loss of eyesight or hearing; inhalation or other harmful contact with lead or other contaminants; and being struck by flying or falling objects. I understand that such risks cannot be eliminated without compromising the essential qualities of shooting activities.
I FURTHER ACKNOWLEDGE AND UNDERSTAND THAT the nature and condition of the RANGE facilities, premises and environment is such that both known and unanticipated hazards exist which create or contribute to both known and unanticipated risks inherent in entering on to the RANGE, in using RANGE facilities and in engaging in or observing any activities of any kind whatsoever while at the RANGE. The hazards include, but are not limited to: slippery, loose or falling soil and rocks, unimproved, unmaintained, or uneven terrain, walkways, steps and roads; poisonous or dangerous plants, reptiles, insects and other animals; and falling trees and tree branches. I understand that such hazards and risks cannot be eliminated without compromising the essential qualities of the RANGE, equipment, premises and environment.
I FURTHER ACKNOWLEDGE AND UNDERSTAND THAT the CLUB has no duty to undertake first-aid or rescue operations or procedures in the event any such property damage or physical or emotional injury occurs, and that any such operations or procedures may result in compounded or increased damages or injuries.
I FURTHER ACKNOWLEDGE AND UNDERSTAND THAT the CLUB makes no warranty as to the design, manufacture, maintenance, condition or fitness for any particular purpose of any RANGE and CLUB facilities or equipment, including, but not limited to: firearms, ammunition, eye/hearing protection, and first-aid supplies.
As lawful consideration for being permitted by the CLUB to enter on to the RANGE, to use RANGE and CLUB facilities or equipment and to engage in or observe shooting and other activities at the RANGE as either a Member or Guest or on behalf of a minor child, I agree as follows: I EXPRESSLY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS EXISTING ON THE RANGE AND IN ENTERING ON TO THE RANGE AND IN USING RANGE FACILITIES OR EQUIPMENT AND IN ENGAGING IN OR OBSERVING SHOOTING AND OTHER ACTIVITIES AT THE RANGE.
I AGREE to abide by all CLUB and RANGE Rules.
I AGREE that I, my next of kin, heirs, guardians, representatives and assigns HEREBY RELEASE AND FOREVER DISCHARGE AND AGREE NOT TO SUE CLUB (I understand that CLUB includes any and all officers, directors, attorneys, agents, employees, contractors, volunteers, family household members and affiliated individuals or organizations of the CLUB) from and against any and all claims, demands, damages, expenses, causes of action, attachments of property, or liability of any kind whatsoever, that I my next of kin, heirs, guardians, representatives, or assigns may have for property damage, personal injury or death resulting from me or my family household members entering on to the RANGE, using RANGE or CLUB facilities or equimpent, or engaging in or observing shooting and other activities at the RANGE, even if such claims, demands, damages, expenses, causes of action attachments of property, or liability result partially or wholly from any act or acts, even any negligent act or omission to act, including negligent or omitted first-aid or rescue operations or procedures, by the CLUB.
I AGREE that I, my next of kin, heirs, guardians, representatives and assigns HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS the CLUB from and against any and all claims, demands, damages, expenses, causes of action, attachments of property, or liability of any kind whatsoever, including reasonable attorneys' fees and costs, that I, my next of kin, heirs, guardians, representatives or assigns, my family household members, or anyone else, may have for property damage, personal injury or death, whether suffered by me, by my family household members, or by anyone else, resulting from me or my family household members entering on to the RANGE, using RANGE facilities or equipment, or engaging in or observing shooting and other activities at the RANGE, even if such claims, demands, damages, expenses, causes of action, attachments of property, or liability result partially or wholly from any act or acts, even any negligent act or omission to act, including negligent or omitted first-aid or rescue operations or procedures, by the CLUB.
I ACKNOWLEDGE AND AGREE that this Agreement shall be interpreted and enforced under the laws of the State of South Dakota, and that the venue for any action or proceeding shall be the State of South Dakota, without regard for the conflict of law rules of the State of South Dakota.
I FURTHER ACKNOWLEDGE AND AGREE that this Agreement is intended to be as broad and inclusive as permitted by law, and that if any provision or portion is held to be invalid, void, or otherwise unenforceable. I agree and intend that the remaining provisions or portion shall continue and remain in full legal force and effect.
I FURTHER ACKNOWLEDGE AND AGREE that it is my understanding and intent that this Agreement, and any signed written amendments or modifications to it, shall remain in full force and effect from the date of execution and ever after and shall be applicable to each and every occasion that I or my family household members enter on to the RANGE, use RANGE or CLUB facilities or equipment or engage in or observe shooting and other activities at the RANGE.
I have carefully read this "Acknowledgement of Risk, Release & Indemnity Agreement" and fully know its contents. I acknowledge that no other inducement, assurance or guarantee has been made to me in consideration of my signing this Agreement, which I sign voluntarily and of my own free will. I further acknowledge and agree that this Agreement may be amended or modified only by a writing Signed by me and by an authorized agent of the SRSC. I UNDERSTAND THAT BY MY SIGNATURE I AM GIVING UP SUBSTANTIAL RIGHTS. THAT I AM AGREEING NOT TO SUE CLUB. THAT I AM RELEASING AND HOLDING HARMLESS CLUB OF ALL LIABILITY.
I understand that this membership to CLUB will expire one (1) year from the date of purchase.