TOTAL ARCHERY CHALLENGE 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, 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, looses, 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 Total Archery Challenge LLC 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 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.
Venue Waiver - RELEASE OF LIABILITY AND ASSUMPTION OF RISK
The individual named below (referred to as “I” or “me”) desires to participate in adventure and recreational activities described below (the “Activities”) provided by the
Boy Scouts of America, a corporation chartered by the U.S. Congress (“BSA”), at the BSA’s facility located in Fayette County, West Virginia, known as the Summit Bechtel
Reserve (“The Summit”). In consideration of being permitted by the BSA to participate in the Activities at The Summit and in recognition of the BSA’s reliance hereon, I
agree to all the terms and conditions set forth in this instrument (this “Release”).
Safety is a paramount concern of the BSA. However, the Activities are hazardous and have inherent risks which are impossible to eliminate. Such risks include:
Activity Risks
Mountain Biking
These courses have a wide variety of terrain. Some of the courses are narrow and winding and incorporate natural and man-made features. Weather
conditions can make the courses slippery and control more difficult. The risks of mountain biking include serious injury or death from falling off the bike,
hitting obstacles on or near the course, colliding with or being struck by other bikes or persons, and loss of control. Maneuvers must be approved by the
activity staff before being attempted. Protective equipment must always be worn.
Zip Line and
Canopy Tours
Injury, including serious injury to hands, legs, and feet, can result from improper braking or landing. Spinal or head injury due to shock loading can also
result from improper braking or landing. Activities require special harness and fall protection equipment which must be properly fitted. Participants must
attend “ground school” training and follow all instructions of activity staff.
Climbing and
rappelling;
Challenge Courses
Serious injury or death can result from falling, entanglement in ropes or equipment, or loss of control. Participants engaged in instructional activities with
other participants may also be at risk if other participant(s) fail to follow instructions or lose control. Activities require special harness and fall protection
equipment which must be properly fitted.
Skateboarding Serious injury or death may result from falls, including injury to the head, extremities, neck, and spine. Skateboarding requires skill and experience, especially
before attempting maneuvers. Maneuvers must be approved by the activity staff before being attempted. Protective equipment must always be worn.
Whitewater
Activities
Water activities can result in injuries or drowning due to loss of control, fatigue, hidden and natural hazards, or being struck by out-of-control equipment.
Personal flotation devices must be worn and secured at all times. Whitewater rafting is provided by contract vendors who are licensed by the State of West
Virginia. Those vendors will provide transportation, training, equipment, and supervision. A separate warning and release form provided by the vendors must
be signed by participants, and a parent or guardian for those under 18, and produced at the time of trip departure.
Firearms and
Archery
These activities include shotgun, rifle, pistol, crossbows, bow and arrow, chalk balls and other projectiles. Serious injury or death can result from mishandling
firearms or archery equipment. Hearing protection is required when using firearms to avoid damage to hearing. Firearms must always be handled as if loaded
and must always be pointed down range. Only range personnel may clear firearms from misfires. Loaded bows must always be pointed down range.
Water Sports
These activities include standup paddle boarding, boating (e.g., Dragon boats), kayaking, scuba diving, and other aquatic activities. Water activities can
result in injuries or drowning due to loss of control, fatigue, hidden or natural hazards, or being struck by out-of-control equipment. Flotation devices must be
properly fitted and worn as required.
Hiking
Hiking is strenuous and requires participants to consume additional water to avoid dehydration. There are natural hazards along the trails which can be
harmful if not avoided, including holes and uneven ground, ditches, poisonous plants and snakes, ticks, and flying insects. Injury can result from a loss of
footing or falling off trails or other elevated or inclined areas. The trek to Garden Ground Mtn requires a vertical ascent of about 1,000 feet over several miles
of improved trail.
All-terrain Vehicle
(ATV) and Utility-
terrain vehicle
(UTV) Activities
These activities are conducted on closed courses and participants must complete safety training. Protective equipment must always be worn. Participating in
ATV and UTV activities, including driving your personal vehicle, can result in serious injuries, death, and/or property damage caused by, among other things,
variations in terrain, slope or angle of terrain; surface or subsurface conditions, including rocks, trees or other forms of forest growth or debris; collisions with
signs, markers, width restrictors, culverts, bridges, pipes, equipment, vehicles or any other objects or fixtures used in trail management or natural resource
management; and collisions with electrical transmission poles, towers, lines, guy wires or any component thereof. When improperly operated, ATVs can roll-
over, experience unexpected mechanical failure, and hit other objects.
I acknowledge that, pursuant to West Virginia law, I have sole individual responsibility for knowing the range of my own ability to participate in a particular Activity and
acting within the limits of my ability. Some Activities may have height and/or weight limitations which prohibit those who do not meet the limitations from participating.
Some of the Activities are not suitable for small children. The Activities may not be suitable for those with heart, orthopedic or other medical conditions, which could
increase the risk of death or injury. Some of the Activities require advanced skill levels and should be used only if the participant has the knowledge and experience
to use them. BSA staff members are available to answer questions about each Activity, but it is my sole responsibility to determine whether I am capable of safely
participating in the Activity.
In addition, I acknowledge that I have a duty to heed all posted warnings, act in accordance with the instructions of any employee of the BSA, perform each Activity only
in the area or facility designated by the BSA, and refrain from acting in a manner which may cause or contribute to the injury of anyone (e.g., not following instructions,
ignoring my physical limitations, participating in an Activity while impaired or fatigued, engaging in horseplay). All equipment must be used properly, all personal
protective equipment must be fitted and always worn during an Activity, and loose-fitting clothing and personal articles which could become entangled in equipment
should be removed prior to the Activity.
COMPLETE THE FOLLOWING IF YOU INTEND TO PARTICIPATE IN
A JEEP OFF-ROAD OR OVERLAND UTV ACTIVITY USING YOUR PERSONAL VEHICLE
Make/Model/Year of Personal Vehicle: ____________________________________________________ License Plate: __________________________ State: __________
Name of Registered Owner: ___________________________________________________ Insurance Policy No.: ______________________ Insurer: ________________
I represent and warrant that: (a) my personal vehicle is in good condition and fit for participation in the UTV Activity; (b) my personal vehicle has been maintained in
accordance with the manufacturer’s recommendations; (c) I have had the drivetrain, suspension, and brakes checked within the previous three months by a duly-
licensed professional mechanic; (d) I have a valid active driver’s license; (e) my insurance policy meets applicable laws relating to automobile insurance minimum
coverage requirements for bodily injury, death, and property damage; and (f) I will provide BSA with proof of valid insurance and registration upon request.
I will obey all rules and instructions announced by the BSA concerning the operation of my vehicle, wear all safety equipment required by BSA and by law, maintain
reasonable control of speed and course at all times, heed all posted warnings, and operate only on trails designated by the BSA.
Continued next page →I am aware and understand that the Activities are potentially dangerous and involve the risk of serious injury, disability, death, and/or property damage. I acknowledge
that any injuries I sustain might result from or be compounded by the actions, omissions, or negligence of the BSA, including negligent emergency response or rescue
operations of the BSA. Notwithstanding the risk, I acknowledge that I am voluntarily participating in the Activities 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 Activities, whether caused by the
ordinary negligence of the BSA or otherwise.
Furthermore, I am aware of the highly contagious nature of the 2019 novel coronavirus disease (“COVID-19”) and the risk that I may be exposed to or contract COVID-19
or other infectious diseases by being on The Summit property and engaging in the Activities. I understand and acknowledge that such exposure or infection may result
in serious illness, personal injury, permanent disability, death, and/or property damage. I acknowledge that this risk may result from or be compounded by the actions,
omissions, or negligence of others, including BSA employees. I understand that while the BSA has implemented preventative measures designed to reduce the spread
of COVID-19, the BSA cannot guarantee that I will not become infected with COVID-19 or other infectious diseases while at The Summit and that being at The Summit may
increase my risk of contracting COVID-19. Notwithstanding the risks associated with COVID-19, I acknowledge that I am voluntarily entering The Summit to engage in
the Activities with knowledge of the danger involved. I hereby agree to accept and assume all risks of personal injury, illness, disability, death, and/or property damage
related to COVID-19 arising from my being at The Summit or engaging in the Activities, whether caused by the ordinary negligence of the BSA or otherwise.
I hereby expressly waive and release any and all claims, now known or hereafter known, against the BSA and its affiliates, and its and their respective officers,
directors, employees, agents, successors, and assigns (collectively, “Releasees”), arising out of or attributable to my participation in an Activity or being on BSA’s
property and exposed to or contracting COVID-19, whether arising out of the ordinary negligence of the BSA or any Releasees or otherwise. I covenant not to make or
bring any such claim against the BSA or any other Releasee, and forever release and discharge the BSA and all other Releasees from liability under such claims. This
Release and Waiver shall be binding upon and enforceable against me, my personal representatives, spouse, assigns, heirs, next of kin, and administrators without
limitation. This Release and Wavier does not extend to claims for gross negligence, willful misconduct, or any other liabilities that West Virginia law does not permit to
be released by agreement.
I will indemnify the Releasees against all damages, losses, costs, or expenses (including legal fees) incurred by them or paid by them to any person (including me or my
insurers) in respect of any accident, injury (including death), loss, or property damage, however caused resulting from, arising out of, or otherwise in connection with
my participation in an Activity. I will reimburse the Releasees if anyone makes a claim against them in connection with my participation in an Activity, including without
limitation any accident I may be involved in or any injury, loss, damage to me, other parties or property, however caused.
I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in an 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 BSA from any claim based on such treatment or other medical services.
I hereby grant the BSA, without limitation, the right to use my name and likeness in connection with the Activities for any publicity without further compensation or
permission.
This Release constitutes the sole and entire agreement of the BSA 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 BSA and me
and their 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 West Virginia without giving effect to any choice or conflict of law provision or rule (whether of the State of West Virginia 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 Kanawha County, West Virginia, and I hereby consent
to the exclusive jurisdiction of such courts.
By signing below, I acknowledge that I have read and understood all the terms of this Release of Liability and that I am voluntarily giving up substantial
legal rights, including the right to sue the BSA.
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