Waiver - Birds & Bucks Outdoors

Waiver Form

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Waiver of Liability(Required)

I have carefully read, clearly understood and voluntarily signed this Release of Liability, Assumption of Risk & Indemnity Agreement. I understand my right to seek legal counsel in review of this lease. A summary of the terms are as follows:

LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT THIS IS A LIABILITY RELEASE AGREEMENT

YOU ARE ACCEPTING RESPONSIBILITY FOR THIS ACTIVITY YOU ARE ACKNOWLEDING RISKS RELATING TO THIS ACTIVITY READ IT CAREFULLY BEFORE SIGNING

BY SIGNING THIS RELEASE AGREEMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION.

In consideration of being permitted by Birds & Bucks Outdoors, LLC (“Birds & Bucks Outdoors”), its owners, agents, and employees, to participate in the various recreational activities that take place in an outdoor environment, and to access and use the facilities and grounds owned by Birds & Bucks Outdoors, I agree to the following Release of Liability, Assumption of Risk, and Indemnity Agreement. Certain risks are inherent in any recreational activity and cannot be eliminated or reduced, especially activities including the use of firearms. The same inherent risks that contribute to the unique character of the activity can be the cause of damage to the equipment associated with the activity, or injury, illness, paralysis, or death. I understand and acknowledge that there are risks, hazards, and dangers that are inherent and integral to these activities which take place in a wilderness or outdoor environment. I understand that I may not be permitted to participate or otherwise engage in such activities associated with, or on the property of, Birds & Bucks Outdoors if the Release form herein is not agreed upon;

I am aware that participating in recreational activities with the use of firearms (including hunting), watercraft, off and on road vehicles, and/or wild and domestic animals is a hazardous activity, and that I am voluntarily participating in this activity with the knowledge of the dangers involved and I hereby agree to accept, and I do hereby assume, any and all risks of injury and death.

I UNDERSTAND THAT THESE INHERENT RISKS, HAZARDS AND DANGERS INCLUDE WITHOUT LIMITATION:

1. Risks involved in hunting. These risks include without limitation areas where objects are not marked and hazards may not be visible, including but not limited to unpredictable weather, changeable and dangerous conditions, bee hives, streams, creeks, fallen timber, wild animals and other natural hazards and dangers; the general use of firearms by myself, my assigns or employees, agents, other guests not associated with me, and/or any agents or employees of Birds and Bucks Outdoors.

2. Risks arising out of any activity involving firearms. These risks include, without limitation, the general use of firearms by myself, my assigns or employees, agents, other guests not associated with me, and/or any agents or employees of Birds and Bucks Outdoors By my initials below I am acknowledging that I possess experience in the safe handling of firearms and am releasing Birds & Bucks Outdoors from any responsibility to provide training or instructions in proper and safe firearm handling.

3. Risks involved in guide decision making and conduct in connection with recreational activities in a wilderness environment. These risks include without limitation the risk that a guide may misjudge an individual’s capabilities, or misjudge terrain, weather, trail or river route location, or water level.

4. Risks of drowning in a stream or river, or falling out of or drowning while on a boat or watercraft and being injured or killed, or being wet, cold or uncomfortable.

5. Risks arising from equipment malfunction.

6. Such other risks, hazards and dangers that are integral to recreational activities offered and engaged in, in a wilderness or outdoor environment.

WARNING

I acknowledge that the above description of inherent risks is not complete and that there are other risks, hazards, and dangers associated with participating in recreational activities in an outdoor environment, that are unknown or unanticipated. The inherent and other risks, hazards, and dangers may result in damage to equipment or injury, illness, paralysis, or death. I acknowledge that Birds & Bucks Outdoors has been available to more fully explain to me the risks of these activities. I understand that I have responsibilities as a participant in these activities. There are no mental or physical problems or limitations associated with my participation in the recreational activities which I have not disclosed in writing to Birds & Bucks Outdoors. I am fully capable of participating in all of these activities. I agree to inspect all equipment related to the services upon arrival and to ask any ask any questions concerning the equipment and/or activities deemed necessary, and to refuse to participate in the services at the commencement of the use of Birds & Bucks Outdoors equipment if I feel there is anything related to the services which I do not understand or consider unsafe. I understand that the presence of Birds & Bucks Outdoors personnel is no assurance of my safety or the lessening of any of these risks. I am voluntarily participating in recreational activities of Birds & Bucks Outdoors with full knowledge of the risks, hazards and dangers involved and hereby assume and accept any and all risks of damages, injury, illness, paralysis or death. I acknowledge such risks may result in claims against Birds & Bucks Outdoors, however:

I, for myself, my heirs, successors, executors, and assigns, hereby knowingly and intentionally waive and release, indemnify and hold harmless Birds & Bucks Outdoors, its owners, agents, employees, officers, directors, and officials, with respect to any and all claims and demands, actions and causes of action, costs and expenses, causes of nature, whether foreseen or unforeseen, arising directly or indirectly out of any damages, loss, injury, paralysis, or death to me or my property in any way connected with my participation in these recreational activities or my use of Birds & Bucks Outdoors equipment or facilities. I agree that neither I, nor anyone acting on my behalf, my heirs, successors, or assigns will make a claim of any kind, including negligence, against Birds & Bucks Outdoors as a result of any damage, injury, paralysis, or death to me or my property.

I further understand and agree that, to the extent I have also hired Birds & Bucks Outdoors to provide Services to a minor, I, as parent/guardian or otherwise, agree to save and hold Birds & Bucks Outdoors harmless from any and all claims and demands, actions or causes of action, costs and expenses, whether foreseen or unforeseen, made or brought with respect to the minor, including but not limited to, collateral source or wrongful death claims.

I further understand and agree to reimburse and indemnify Birds & Bucks Outdoors for any legal, medical, repair, or maintenance fees or costs incurred by my own actions including but not limited to any intentional, negligent, or accidental injury or damage.

It is further understood that I will reimburse and indemnify any property owner, farmer or rancher, holder of record, lessor or lessee for any legal, medical, repair, replacement, or maintenance fees or costs incurred by my own actions including but not limited to any intentional, negligent, or accidental injury or damage.

It is further understood that any legal disputes between parties to this agreement shall be brought in Weld County, Colorado. The prevailing party in such an action will be entitled to recover attorney’s fees under this agreement.

I agree that all documents and all other aspects of my relationship with Birds & Bucks Outdoors are governed by the laws of the State of Colorado. Further, any suit, legal proceeding, mediation or arbitration arising out of or relating to my participation in Birds & Bucks Outdoors activities, or any other dispute with Birds & Bucks Outdoors, must be filed exclusively in the State of Colorado and Colorado law shall be determinative. If any provision, term or condition of this agreement shall be judicially determined to be invalid, the other portions of the agreement shall nevertheless continue in full force and effect. I understand this Release, Waiver, and Indemnity Agreement is the entire agreement with Birds & Bucks Outdoors and that this agreement cannot be modified or changed in any way by the representations or statements of any directors, officers, agents, and/or employees, of Birds & Bucks Outdoors or the participant.

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