Carson Valley Clays Waiver

ASSUMPTION OF RISK, RELEASE & INDEMNITY AGREEMENT

In consideration of the undersigned being permitted to engage in recreational activities on properties leased by Carson Valley Clays, LLC Carson Valley Clays and, owned by Carson Valley Clays LLC 61 China springs road, Gardnerville, Nv 89460 (the “Premises”), the undersigned, along with the undersigned’s heirs, executors, administrators, personal representatives, successors, and assigns (collectively, the “Undersigned”) hereby acknowledges and agrees to the following.

The Undersigned expressly assumes the risk of entering the Premises and taking part in activities on the Premises including, but not limited to: archery, handgun, rifle and shotgun shooting, including the firing of live ammunition; observing individuals discharging firearms; and any other use of or activity on the Premises, including the land and buildings located thereon. The Undersigned acknowledges and understands the inherent hazards involved in shooting activities, both known and unanticipated, which could result in damage or destruction of personal property and physical or emotional injury, including paralysis or death of the Undersigned or other persons.  The risks include, but are not limited to: potentially fatal injury from the use of firearms and/or archery equipment by the Undersigned or by others; partial or total loss of eyesight or hearing; inhalation or other harmful contact with lead or other contaminants; being struck by flying or falling objects; slippery, loose or falling soil and rocks; unimproved, unmaintained, or uneven terrain, walkways, steps, and roads; and reptiles, insects, and other animals and creatures.  The Undersigned acknowledges that such hazards and risks cannot be eliminated without compromising the essential qualities of the Premises, equipment, and environment.

THE UNDERSIGNED AGREES TO ACCEPT AND ASSUME ANY AND ALL RISKS EXISTING ON THE PREMISES AND IN ENTERING ON TO AND IN USING THE SHOOTING RANGE AND OTHER FACILITIES ON THE PREMISES OR EQUIPMENT PROVIDED BY CARSON VALLEY CLAYS AND IN ENGAGING IN OR OBSERVING SHOOTING OR OTHER ACTIVITIES AT THE PREMISES.

The Undersigned agrees to accept and assume all responsibility and liability for any act or acts, even any negligent, reckless, or criminal act or omission to act, of the Undersigned’s Guests at the premises or who enter the Premises as a result of the Undersigned’s invitation, permission, or consent.

The Undersigned agrees to indemnify, hold harmless and defend Carson Valley Clays, and any of their respective employees, directors, officers, agents, and volunteers (and their heirs, executors, trustees, and beneficiaries) from any and all fault, liabilities, costs (including cost of any settlement or judgment, costs of court, and attorneys’ fees), expenses, claims, demands, and lawsuits arising out of, related to, or connected with the actions or omissions of the Undersigned, or of the Undersigned’s licensees, guests or invitees (“Guests”), occurring on the Premises, including, but not limited to, participation in discharging firearms, observing the discharging of firearms, use of the shooting range, buildings, land, or any other portion of the Premises. Carson Valley Clays, or any of their respective employees, directors, officers, agents, and volunteers (and their heirs, executors, trustees, and beneficiaries), for any and all claims, demands, damages, expenses, causes of action, attachments of property, or liability of any kind whatsoever that arise from property damage, personal or emotional injury, or death resulting from the Undersigned or the Undersigned’s Guests entering on to the Premises, using the shooting range or any other facilities located on the Premises, or engaging in or observing shooting and other activities at the Premises, even if such claims, demands, damages, expenses, causes of action, attachments of property, or liability result partially or wholly from any act or acts, even any negligent act or omission to act including negligent or omitted first-aid or rescue operations or procedures, by Carson Valley Clays, or any of their respective employees, directors, officers, agents, or volunteers.

The Undersigned acknowledges and agrees that he/she has read and understands and at all times will abide by Carson Valley Clays rules and regulations, any rules or procedures applicable to any particular activity, the procedures, safety rules, and any and all instructions of Carson Valley Clays employees, whether communicated in writing, verbally, or posted at the Premises.  The Undersigned further agrees that he/she will cause his/her Guests to abide by such rules and regulations as well. 

APART FROM OTHER APPLICABLE RULES, THE UNDERSIGNED AND ALL GUESTS SHALL WEAR APPROPRIATE EAR AND EYE PROTECTION AT ALL TIMES WHEN PARTICIPATING IN OR OBSERVING SHOOTING ACTIVITIES.

Alcohol policy: Consumption of alcohol prior to or during a shoot is prohibited. Violation of alcohol policy you may be asked to leave the premises.

This Agreement shall be interpreted and enforced under the laws of the State ofNevada.  The Agreement is intended to be as broad and inclusive as permitted by law.  If any provision or portion is held to be invalid, void, or otherwise unenforceable, the parties intend that such provision or portion shall remain applicable to the fullest extent permitted by law, and the remaining provisions or portion shall continue and remain in full force and effect.  This Agreement, along with any signed written amendments or modifications to it, shall remain in full force and effect in perpetuity beginning on the date of execution and shall be applicable to each and every occasion that the Undersigned or Guests enter on to the Premises.  If the Undersigned is a minor, a parent or legal guardian’s signature agreeing to this Agreement as to such minor must accompany the signature of the Undersigned.

THE UNDERSIGNED ENTERS THIS AGREEMENT WILLINGLY, AND UNDERSTANDS THAT BY THIS SIGNATURE THE UNDERSIGNED WAIVES SUBSTANTIAL RIGHTS, AGREEING NOT TO SUE CARSON VALLEY CLAYS AND TO RELEASE AND HOLD CARSON VALLEY CLAYS HARMLESS FROM ALL LIABILITY.