I, on behalf of him/herself, and said respective agents, insurers, heirs, executors, administrators, successors and assigns, acknowledge that I may be going in unfamiliar, and potentially risky, territory for the Warriors Never Give Up hunting or fishing opportunity and may be in a variety of uncontrolled atmospheres and conditions; and THEREFORE, I hereby discharge, release, indemnify and hold harmless Warriors Never Give Up of Sioux Falls, SD, and all its agents (co-founders, board of directors), employees and associated personnel, including either paid or volunteer assistants, from any and all actions, proceedings, claims, demands, incidents, suits, causes of action of any kind, of any nature or description, or any other liability and against all losses, costs, damages, expenses, or attorney's fees arising out of, connected with, or resulting in relation to the hunting services provided to me/us by Warriors Never Give Up or its sponsors.
I also further acknowledge that individual and/or group photos or videos may be taken during the event, and therefore, I on behalf of him/herself, ourselves, and said respective agents, insurers, heirs, executors, administrators, successors and assigns, agree and consent that Warriors Never Give Up, its sponsors, and all said parties have my full permission for my likeness to be taken during the event and to use any image, photograph, video clip, or other similar image, in any media format taken, for advertising purposes, promotional purposes, or any purpose deemed necessary by Warriors Never Give Up.
I further release Warriors Never Give Up from any liability for any adverse result which may come from the use of the above-mentioned photograph(s) or media images.
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings regarding COVID-19, and further agree to follow any oral instructions or directions given by Warriors Never Give Up, or the employees, representatives or agents of Warriors Never Give Up.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity regarding COVID-19, acknowledge the contagious nature of COVID-19 and understand that CDC and public health authorities recommend the practice of social distancing, and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Warriors Never Give Up for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Warriors Never Give Up, whether caused by the fault of myself, my family, Warriors Never Give Up or other third parties.
I acknowledge that Warriors Never Give Up has followed all local and state requirements regarding the coronavirus pandemic to reduce the spread of COVID-19. I acknowledge that Warriors Never Give Up cannot guarantee that I will not become infected with COVID-19.
3. INDEMNIFICATION. I agree to indemnify and defend Warriors Never Give Up against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Warriors Never Give Up.
4. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under South Dakota law.
5. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Warriors Never Give Up has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
6. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
7. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
I HAVE READ THIS WAIVER OF LIABLITY AND ASSUMPTION OF RISK AGREEMENT AND UNDERSTAND ITS TERMS. BY SIGNING THE FORM BELOW, I AGREE TO ITS ENTIRETY AND RELEASE ANY LIABLITY TO THE GREATEST EXTENT ALLOWED BY LAW.