TOTAL ARCHERY CHALLENGE WAIVER
ALL PARTICIPANTS/SPECTATORS MUST READ AND SIGN.
Natural Bridge Caverns & Total Archery Challenge
WAIVER AND RELEASE AGREEMENT
By registering for the Event, you acknowledge that you have read and agree to all of the following terms and conditions prior to being allowed to participate and/or spectate in the Event.
1.Outdoor archery events involve inherent risks, dangers and hazards. In addition, the Natural Bridge Caverns Total Archery Challenge (the "Event") is a test of a person's physical and mental limits and thus has additional risks which could lead to injury, property loss or death. These risks, dangers and hazards exist at all times and at any place in and around the competition course or facility. These risks threaten not only the competitors/participants but also all spectators and workers. These risks which may result in injury to a person and/or damage to property include, but are not limited to, falling from uneven terrain or other causes, injury from encounters with other trail users, vehicle or bike traffic, competitors or spectators, arrows or wildlife, weather conditions, equipment failure, the negligence of others or your own, and injuries or health problems resulting from strenuous activity or excitement. By completing your registration for the Event, you are acknowledging these risks and that your activities as a Participant or Spectator could result in physical or emotional injury, death, or damage to you, to property, or to third parties and expressly assume these and all other risks associated with the Event.
2.By completing your registration for the Event, you acknowledge and agree to the following: (a) I represent that I do have no history of illness or injury that may hinder my ability to participate or spectate at the Event; (b) I agree to abide by all the rules of the Event; (c) I agree that before commencement of the competition, I will inspect the course, facilities, and equipment and if I believe any to be unsafe, I will advise a person supervising the Event; (d) I grant permission for the use of my name and/or likeness relating to the Event for purposes of publicity or advertising and waive all right to any compensation or claims from the use of my name and/or likeness; (e) I agree that my entry fee is non-refundable under all circumstances; and (f) I agree that I will be solely financially responsible for any medical treatment and/or necessary emergency evacuation from the Event that may become necessary.
3.By completing your registration for the Event, you represent that you have read and understand the foregoing warnings and in spite of the risks, dangers and hazards related to the Event, you nevertheless choose to still either be a participant or spectator of the Event. BY DOING SO, THE UNDERSIGNED EXPRESSLY AND VOLUNTARILY ASSUMES ALL RISKS AND RESPONSIBILITY FOR AND RELEASES ALL OF THE ORGANIZERS, LAND OWNERS, HOSTS, OPERATORS AND FACILITATORS OF THE EVENT, INCLUDING WITHOUT LIMITATION, TOTAL ARCHERY CHALLENGE LLC, NATURAL BRIDGE CAVERNS, INC., WUEST MILLENNIUM PARTNERS, LTD., WUEST LEGACY PARTNERS, LTD., AND WUEST CAPITAL MANAGEMENT, LLC (collectively, the "RELEASEES") FROM ALL PERSONAL INJURY, DEATH, PROPERTY DAMAGE, CLAIMS, DEMANDS, OR CAUSES OF ACTION, ARISING FROM OR RELATED TO, DIRECTLY OR INDIRECTLY, HIS/HER PARTICIPATION IN OR BEING A SPECTATOR AT THE NATURAL BRIDGE CAVERNS ARCHERY CHALLENGE EVENT, THE NEGLIGENCE OF OTHERS INCLUDING THE RELEASEES AS WELL AS THE HIDDEN OR OBVIOUS DEFECTS OR HAZARDS IN THE EQUIPMENT, ACTIVITY OR LANDS OF THE EVENT. THE UNDERSIGNED ALSO DISCHARGES, COVENANTS NOT TO SUE AND AGREES TO HOLD HARMLESS AND INDEMNIFY RELEASEES FOR ANY AND ALL CLAIMS, LIABILITIES, EXPENSES AND LOSSES ARISING FROM HIS/HER PARTICIPATION IN OR BEING A SPECTATOR AT THE NATURAL BRIDGE CAVERNS ARCHERY CHALLENGE EVENT.
4.To the extent that a registrant is acting as a parent or legal guardian on behalf of a minor who will be a Participant or Spectator at the Event, by completing registration for the Event, said parent or legal guardian binds themselves, the minor and their executors, administrators, heir, next of kin, successors and assigns to the terms of the foregoing provisions of this WAIVER AND RELEASE AGREEMENT, represents that he or she has the legal capacity and authority to act for and on behalf of the minor, and agrees to indemnify and hold harmless the Releasees for any claims made of liabilities assessed against them as a result of any insufficiency of his or her legal capacity or authority to act for and on the behalf of the minor in the acceptance of the terms of this WAIVER AND RELEASE AGREEMENT.
5.To the extent that a registrant is acting as a parent or legal guardian on behalf of a minor who will be a Participant or Spectator at the Event, by completing registration for the Event, said parent or legal guardian ACKNOWLEDGES AND AGREES THAT ALL PARTICIPANTS UNDER SIXTEEN (16) YEARS OF AGE MUST BE ACCOMPANIED BY AN ADULT AT ALL TIMES WHILE ON THE COURSE, AND HE OR SHE WILL BE RESPONSIBLE FOR CAUSING SUCH REQUIRED ACCOMPANIMENT, IF APPLICABLE.
6.To the extent that a registrant is acting as a parent or legal guardian on behalf of a minor who will be a Participant or Spectator at the Event, by completing registration for the Event, said parent or legal guardian authorize any licensed physician, emergency medical technician, hospital or other medical or health care facility to perform all procedures, including the administration of anesthesia, deemed medically advisable in attempting to treat or relieve any injuries received by the minor Participant or Spectator arising out of the Event, and assume all risks of complications or consequences from such medical treatments.
7. 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. 8. 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. 9. 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.
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