TOTAL ARCHERY CHALLENGE/BOYNE MOUNTAIN RESORT & BOYNE USA, INC.
ACKNOWLEDGEMENT OF RISKS AND LIABILITY RELEASE AGREEMENT
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 “TAC” 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 TAC AND ITS 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 TAC;
(b) I AGREE that If I believe any of the course, facilities, equipment, and areas to be used to be
unsafe I will advise the person supervising the event, activity, facility, or area;
(c) I AGREE TO RELEASE, DEFEND, INDEMNIFY, DISCHARGE AND HOLD HARMLESS
TAC, BOYNE MOUNTAIN RESORT, LLC, BOYNE USA INC., together with their respective
owners officers, directors, employees, volunteers, sponsors, agents and assigns, and all states,
cities, counties, and localities in which the events or segments of the events will occur
(collectively “Releasees”) FROM ANY AND ALL CLAIMS, LOSSES, OR LIABILITIES FOR
DEATH, PERSONAL INJURY, PARTIAL OR PERMANENT DISABILITY, PROPERTY
DAMAGE, MEDICAL OR HOSPITAL BILLS, THEFT OR DAMAGES OF ANY KIND, WHICH
ARISE OUT OF OR RELATE TO MY PARTICIPATION IN, OR MY TRAVELING TO AND
FROM THE EVENT, INCLUDING CLAIMS AND LIABILITIES BASED ON NEGLIGENCE OF
THE RELEASEES.
(d) I ASSUME THE RISKS OF PARTICIPATING IN THIS EVENT, WHETHER KNOWN OR
UNKNOWN, and I further acknowledge that these risks include risks that may be the negligence
of the RELEASEES or other persons or entities. I acknowledge that weather, terrain, wildlife,
and other natural conditions may pose risks, and I voluntarily assume all such risks. I
acknowledge that by participating in a large event with many people, I am also at risk of
contracting an illness including, but not limited to, COVID-19.
(e) Should any claim or action be asserted in contravention of this Agreement, I or my
successor(s) shall indemnify and be liable for all expenses, INCLUDING LEGAL FEES
INCURRED BY RELEASEES. I agree that this entire Agreement shall be governed by the laws
of the State or Michigan, as broadly as permitted by law, and that exclusive jurisdiction and
venue for any legal action shall be in the Circuit Court of Charlevoix County, Michigan or the
U.S. District Court of Michigan nearest to Charlevoix County. If any part of this Agreement is
determined to be unenforceable, all other parts shall still be given full force and effect;
(f) I FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASEES for any
and all claims made or liabilities assessed against them as a result of:
(i) my actions or inactions,
(ii) the actions or inactions of others, up to and including negligenceof the Releasees,
(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 TAC event.
(g) I GRANT PERMISSION for the use of my name and/or likeness relating to my participation
in TAC 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. I UNDERSTAND that this usage may include my
likeness being used online, in social media, in TAC advertising, and other additional uses
(h) I AUTHORIZE event personnel to secure emergency medical treatment on my behalf if
deemed necessary and I am unable to consent to said medical treatment, and I assume all
financial responsibility for such treatment.
(i) I UNDERSTAND and accept that my entry fee is non-refundable under any circumstance.
(h) PARENT/GUARDIAN RELEASE, AUTHORIZATION AND INDEMNIFICATION OF
RELEASEES: If applicable, as Parent or duly authorized Guardian for the minor(s) named
below, I verify that I have authority to enter into this Agreement on behalf of my minor child(ren)
or ward(s). I have read, understand and agree that my minor child(ren) and anyone acting on
their behalf, including me, are bound by the terms of this Agreement. Furthermore, if any claim
or action including any claim alleging NEGLIGENCE is brought by my minor child(ren) or
ward(s), or anyone claiming to act on their behalf, against any RELEASEES, I AGREE TO
RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASEES for any and all
expenses incurred by RELEASEES in defending and/or satisfying any judgment for such claim,
INCLUDING LEGAL FEES. If I am not the parent or guardian of the minor child(ren) or ward(s),
I nevertheless agree to release, defend, indemnify and hold harmless the RELEASEES. I also
agree that if I have signed this Agreement on behalf of any other adult who refuses to accept
and contravenes the terms of this Agreement by bringing a claim or action against the
RELEASEES, including any claim alleging NEGLIGENCE, I will personally DEFEND,
INDEMNIFY AND HOLD HARMLESS RELEASEES for any and all expenses incurred by the
RELEASEES in defending and/or satisfying any judgment from such claim, including legal fees.
(j) I have carefully read this entire agreement and I am signing it voluntarily and with full
understanding of its effects on my legal rights.
BY MY SIGNATURE BELOW, I CERTIFY THAT:
1. I AM AN ADULT PARTICIPANT, AT LEAST 18 YEARS OF AGE; OR
2. I AM THE PARENT, LEGAL GUARDIAN OR OTHERWISE LEGALLY AUTHORIZED
TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE MINOR(S), AND I
AGREE TO BE BOUND BY THIS LIABILITY RELEASE AGREEMENT ON THEIR
BEHALF; OR
3. IF SIGNING ON BEHALF OF ANOTHER ADULT, THAT ADULT HAS READ,
UNDERSTANDS, EXPRESSLY CONSENTS TO BEING BOUND BY THIS LIABILITY
RELEASE AGREEMENT, AND HAS GIVEN ME EXPRESS PERMISSION TO SIGN
ON THAT ADULT’S BEHALF.
WARNING: IF THIS LIABILITY RELEASE IS NOT SIGNED BY THE REAL INTENDED
PURCHASER, THE SIGNER THEREBY AGREES TO RELEASE, INDEMNIFY, DEFEND AND
HOLD HARMLESS THE RELEASEES FOR ANY CLAIM OR LAWSUIT INITIATED BY THE
INTENDED PURCHASER AGAINST THE RELEASEES.
