TOTAL ARCHERY CHALLENGE / BIG SKY RESORT WAIVER
ALL PARTICIPANTS/SPECTATORS MUST READ AND SIGN.
PLEASE READ CAREFULLY BEFORE SIGNING THE ACKNOWLEDGMENT, WAIVER AND RELEASE FROM LIABILITY.
I acknowledge that TOTAL ARCHERY CHALLENGE is a test of a person's physical and mental limits and it carries with it potential for death,
serious injury and property loss. I HEREBY ASSUME THE RISKS OF PARTICIPATING IN TOTAL ARCHERY CHALLENGE AND IT'S EVENTS. I
certify that I am physically fit, have sufficiently trained for participation in this event, and have not been told by anyone that I shouldn't
participate. I hereby take the following action for myself, heirs, next of kin, successors and assigns, or anyone else who might claim or sue on
my behalf, and I expressly acknowledge that it is my intent to take these actions: (a) I AGREE to abide by the competitive rules adopted by
TOTAL ARCHERY CHALLENGE (b) I AGREE that prior to participation in an event, I will inspect the course, facilities, equipment, and areas to
be used and if I believe any to be unsafe I will advise the person supervising the event, activity, facility, or area; (c) WAIVE, RELEASE, AND
DISCHARGE FROM ANY AND ALL CLAIMS, LOSSES, OR LIABILITIES FOR DEATH, PERSONALLY INJURY, PARTIAL OR PERMANENT DISABILITY,
PROPERTY DAMAGE, MEDICAL OR HOSPITAL BILLS, THEFT OR DAMAGES OF ANY KIND, INCLUDING ECONOMIC LOSSES AND LOSS AND/OR
STOLEN ITEMS, WHICH ARISE OUT OF OR RELATE TO MY PARTICIPATION IN, OR MY TRAVELING TO AND FROM THE EVENT, THE
FOLLOWING PERSONS OR ENTITIES: TOTAL ARCHERY CHALLENGE sponsors, employees, event owners, volunteers, Big Sky Resort, LLC,
Boyne USA, Inc., all states, cities, counties, or localities in which events or segments of events are held, and the officers, directors,
employees, representatives, volunteers, and agents of any of the above even if such claims, losses, or liabilities are caused by the negligent
acts of any other person or entity; I ASSUME THE RISKS OF PARTICIPATING IN THIS EVENT. I ALSO ASSUME ANY AND ALL OTHER RISKS
associated with participating in this event all such risks being known and appreciated by me, and I further acknowledge that these risks
include risks that may be the negligence of the persons or entities mentioned above in paragraph (c) or other persons or entities; (d) I AGREE
NOT TO SUE ANY OF THE PERSONS OR ENTITIES MENTIONED ABOVE IN PARAGRAPH (c) for any of the claims, losses, or liabilities that I
have waived, released or discharged herein; (e) I INDEMNIFY AND HOLD HARMLESS THE PERSONS AND ENTITIES MENTIONED IN
PARAGRAPH (c) for any and all claims made or liabilities assessed against them as a result of (i) my actions or inaction's, (ii) the actions,
inactions of negligence of others including those parties hereby indemnified; (iii) the conditions of the facilities, equipment, or areas where
the event is being conducted; (iv) the Competitive Rules; or (v) any other harm caused by an occurrence related to this event, TOTAL
ARCHERY CHALLENGE event, and (f) I GRANT PERMISSION for the use of my name and/or likeness relating to my participation in TOTAL
ARCHERY CHALLENGE event, and I waive all right to any future compensation to which I may otherwise be entitled as a result of the use of
my likeness; (g) I UNDERSTAND and accept that my entry fee is non-refundable under any circumstance. I HEREBY AFFIRM THAT I AM
EIGHTEEN (18) YEARS OF AGE OR OLDER. I HAVE READ THIS DOCUMENT AND UNDERSTAND ITS CONTENTS.
FOR PERSONS UNDER EIGHTEEN (18) YEARS OF AGE A PARENT OR LEGAL GUARDIAN MUST SIGN THE ABOVE RELEASE AND COMPLETE THE
FOLLOWING SECTION.
1. I agree that I am personally responsible for my safety and actions while participating at Total Archery Challenge LLC (TAC). I agree to
comply with all TAC policies and rules, including but not limited to all TAC policies, guidelines, signage, and instructions. Because TAC is open
for use by other individuals, I recognize that I am at higher risk of contracting COVID-19. With full awareness and appreciation of the risks
involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives,
hereby forever release, waive, discharge, and covenant not to sue Big Sky Resort, LLC, Boyne USA, Inc., and Total Archery Challenge LLC,
together with their respective members, officers, agents, servants, independent contractors, affiliates, employees, successors, and assigns
(collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly
arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 whether caused by
the negligence of the Released Parties, any third-party attending TAC, or otherwise, while participating in any activity while in, on, or around
TAC and/or while using any venue facilities, tools, equipment, or materials.
2. I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims,
lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims
made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to
my use of the TAC and Venue facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise
specifically related to COVID-19.
3. By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability, understand it and sign it voluntarily as my
own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am
sufficiently informed about the risks involved in participating in TAC, to decide whether to sign this document; no oral representations,
statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully
competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that
this Wavier of Liability shall be governed by and construed in accordance with Montana State law, and that if any of the provisions hereof are
found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified
to the limited extent required to permit enforcement of the Wavier of Liability as a whole. This waiver remains in effect until the State lists all
COVID-19 related mandates.
WARNING: By signing this document you may be waiving your legal right to a jury trial to hold the provider legally responsible
for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages
you may suffer due to the provider’s ordinary negligence that are the result of the provider’s failure to exercise reasonable
care.