Liability Waiver

FALMOUTH SKEET CLUB & CLAYS COMPLEX

WAIVER OF LIABILITY AND INDEMNIFICATION

I, the undersigned user, hereby acknowledge and agree that clay target shooting, the use of firearms and the use of the shooting range owned by Falmouth Skeet Club (hereinafter “CLAY TARGET SHOOTING RANGE”) located on Carriage Shop Road in Waquoit, Massachusetts, may be dangerous and may involve the risk of serious bodily injury. I have full knowledge of the nature and extent of all of the risks associated with the use of the CLAY TARGET SHOOTING RANGE including, but not limited to: 1) all manner of injury, including, but not limited to death and/or paralysis, arising from target shooting, the use of firearms or their discharge; 2) injuries resulting from intentional or inadvertent discharge of firearms by myself or others using the CLAY TARGET SHOOTING RANGE facilities, including loss of hearing, burns, blindness, or other injury; 3) injuries resulting from explosions, contact with projectiles and hardware; and 4) failure or misuse of any equipment, whether owned and maintained by CLAY TARGET SHOOTING RANGE or otherwise.

I acknowledge that the above list is not inclusive of all the possible risks associated with my use of CLAY TARGET SHOOTING RANGE and that the above list in no way limits the extent of this Waiver of Liability and Indemnification Agreement. I further certify that I am in good health and that I have no physical limitations that would preclude my safe use of CLAY TARGET SHOOTING RANGE.

As lawful consideration for being permitted the use of CLAY TARGET SHOOTING RANGE, I agree, on behalf of myself, my heirs, representatives, executors, administrators and assigns (the “Releasors”), TO RELEASE Falmouth Skeet Club, Incorporated, its successors, departments, officers, directors, employees, volunteers, servants and agents (the “Releasees”) from any cause of action, claim, or demand of any nature whatsoever which the Releasors may now have or have in the future against the Falmouth Skeet Club, Incorporated on account of personal injury, property damage, death or accident of any kind, arising out of or in any way related to my use of CLAY TARGET SHOOTING RANGE, whether that use is supervised or unsupervised, and however the injury or damage is caused, including but not limited to the negligence of the Falmouth Skeet Club, Incorporated. I further covenant that I shall bring no civil action against the Falmouth Skeet Club, Incorporated based upon any of the foregoing. I understand that I will be solely responsible for any loss or damage including, but not limited to, death or paralysis, that I may sustain while using CLAY TARGET SHOOTING RANGE and that by signing this Agreement, I am relieving the Falmouth Skeet Club, Incorporated Releasees of any and all liability for such loss, damage, or death.

I do hereby further agree to DEFEND, INDEMNIFY AND HOLD HARMLESS the Falmouth Skeet Club, Incorporated Releasees from any and all causes of action, claims, demands, losses or costs of any nature whatsoever arising out of or in any way relating to my use of CLAY TARGET SHOOTING RANGE.

I acknowledge that the foregoing agreement is intended to be as broad and inclusive as permitted by the law of the Commonwealth of Massachusetts. I understand that this agreement shall be legally binding upon me, my heirs, my estate, assigns, legal guardians, and my personal representatives. I have carefully read the agreement and fully understand its contents. I am aware that I am releasing certain legal rights that I otherwise may have and I enter into this contract in behalf of myself and/or my family of my own free will.

THIS IS A LIABILITY WAIVER. DO NOT SIGN THE WAIVER IF YOU DO NOT UNDERSTAND IT OR DO NOT AGREE WITH ITS TERMS AND SEEK LEGAL COUNSEL IF SO DESIRED.

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