WCFW Waiver and Release of Liability

THE WELD COUNTY FISH AND WILDLIFE ASSOCIATION MEMBER AGREEMENT

Membership in The Weld County Fish and Wildlife Association (the “Club”), including without limitation use or access to the property located at 38997 Weld County Road 51, Eaton, Colorado, 80615 (the “Premises”), is available without regard to race, color, religion, sex or national origin. By signing below, I acknowledge that I have read and fully understand the rules and regulations of the Club and agree to abide by same. I understand that breaking any of those rules, after a proper hearing with the Club’s Board of Directors, is grounds for club dismissal. I understand I can be held liable and be made to pay for any damage to Club property caused by me as well as all costs involved with any legal action regarding same.

PLEASE READ CAREFULLY BEFORE APPROVING. THIS IS AN AGREEMENT FOR RELEASE OF LIABILITY, WAIVER OF LEGAL RIGHTS AND AN AGREEMENT NOT TO SUE.

1. I understand and acknowledge that activities conducted by the Club in, on, and around the Premises, including but not limited to shooting, archery, etc., are inherently dangerous and hazardous and that participation in such activities exposes me to a substantial risk of death, serious personal or psychological injury, pain, suffering, temporary or permanent disability, damage to my property and/or financial loss. I acknowledge that any injuries I sustain may result from or be compounded by the actions, omissions, or negligence of the Club, including negligent emergency response or rescue of the Club. I understand that such risk of death, injury and property damage is not limited to shooting activities and includes, but is not limited to, use of club equipment, lightning and other severe weather, the presence of uneven terrain and rattlesnakes and other wildlife on the Premises. I understand the nature of the dangers and risks involved in participating in any activity at the Club, recreational or otherwise, including without limitation: archery and firearm shooting; firing live ammunition; observing individuals discharging firearms or other types of weapons; parking; and any other use of or activity at the Club or on the Premises, and voluntarily choose to do so, and expressly assume all risks and dangers of such activities whether KNOWN OR UNKNOWN, inherent or otherwise.
2. In consideration of being granted a membership in the Club, the right to use the Club and its facilities, access to and use of the Premises, and the services provided by the Club, for myself and my spouse, legal representatives, heirs, successors and assigns (the “Releasing Parties”), I release and discharge the Club and its directors, officers, employees and members (the “Released Parties”) from all liability to me and the Releasing Parties, for any and all claims, demands, loss, damages, expenses, causes of action, attachments of property or liability of any kind whatsoever that arise, including, without limitation, reasonable attorneys’ fees, arising out of or related to my participation in Club activities, my presence at the Club or on the Premises, or my use of any of the Club’s facilities, on account of injury to me, including partial or total injury, injury resulting in my death, damage to my property, personal or emotional injury, dismemberment or paralysis, or death directly or indirectly resulting from entering or being at the Club, even if such claims demands, damages, expenses, causes of action, attachments of property or liability result partially or wholly, or directly or indirectly, from any act or omission to act, whether negligent or otherwise, including negligent or omitted first-aid operations or procedures, by the Released Parties.
3. As further consideration of membership, for myself and the Releasing Parties, I agree not to sue the Club or any of the Released Parties on account of injury to me, including injury resulting in my death, or damage to my property arising out of or relating to my participation in Club activities, my presence at the Club or on the Premises, or my use of any of the Club’s facilities. By agreeing not to sue, for myself and the Releasing Parties, I hereby waive any and all right I have, now or in the future, whether directly or indirectly, to commence or prosecute any legal action, suit or other proceeding against any or all of the Released Parties arising out of or related to my participation in Club activities, my presence at the Club or on the Premises, or my use of any of the Club’s facilities.
4. As further consideration of membership, I agree to defend, indemnify and reimburse the Released Parties and hold the Released Parties harmless from any liability, suit, claim, demand, cause of action, loss or damage, including, without limitation, reasonable attorney’s fees and costs incurred by any Released Party, arising out of or relating to my participation in Club activities, my presence at the Club or on the Premises, or my use of any of the Club’s facilities, any breach by me of any agreement or obligation of mine under this agreement, or the use of, or presence at, the Club or the Premises by my guest, including, without limitation, a member of my immediate family.
5. As further consideration of membership, I agree that any and all claims of any kind brought against the Club shall be governed by the laws of the State of Colorado and that exclusive jurisdiction for the bringing of any such claim shall be in the District Court of Weld County, Colorado, to which jurisdiction I expressly and exclusively submit. I hereby expressly understand, acknowledge, and agree that this agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Colorado.
6. I understand and agree that for any of my family members who are minors (under the age of 18) I as parent or legal guardian am signing this agreement on their behalf, and all such minors are also bound by the terms of this agreement I represent that I have the legal right to consent to and, by signing below, I hereby consent and agree to the terms of this agreement on behalf of my family members who are minors. I understand and agree that I am waiving certain legal rights on behalf of any such minors and that if I did not agree to this condition, such minors would not be allowed to participate in any Club activities or use any Club facilities.
7. The Club recommends that, where applicable, any person using the Premises be familiar with the National Rifle Association’s recommendation to avoid recreational/training shooting during pregnancy. I accept any and all risk to the health of my unborn child if I choose to enter the Premises while pregnant, whether I am planning to shoot or observe.
8. I understand and agree that any non-member guests whom I bring to the Club must agree to and sign the Club’s Non-Member Agreement on behalf of themselves and any minor children who accompany them.
9. I understand and agree that the provisions of this agreement shall be binding upon me and my spouse, legal representatives, heirs, successors and assigns. I understand and agree that this agreement is a contract between me and the Club and is binding to the fullest extent of Colorado law, and that if any part of this agreement is held to be unenforceable, the remaining parts shall continue and remain in full force and effect.

I HAVE CAREFULLY READ THIS DOCUMENT WHICH INCLUDES AN ASSUMPTION OF RISK, A RELEASE OF LIABILITY, A PROMISE NOT TO SUE AND AN INDEMNIFICATION AGREEMENT. I UNDERSTAND WHAT IT SAYS. I AM AWARE I AM RELEASING LEGAL RIGHTS.