RELEASE, WAIVER, ASSUMPTION OF RISK AND TERMS OF USE AGREEMENT ("User") has read, understood and agrees to this Release, Waiver, Assumption of Risk and Terms of Use Agreement (the "Agreement"), by and between the User and the SWNL Events, LLC DBA The Proving Grounds. For purposes of this Agreement, SWNL Events, LLC and its partners (including, without limitation, it its general partner(s)), agents, and employees shall be referred to collectively as "Owner". User represents that he/she is older than 18 years in age, has not been convicted of a felony, and is authorized to carry and trained to use firearms. If User is under 25 years of age, User also represents that he/she has not committed a delinquent act that would constitute a felony if committed by an adult. User desires to enter an event hosted by Owner, described as The Proving Grounds (the "Event"). User understands that the Event is used for activities involving the active use and discharge of munitions, firearms, armaments or explosive ordinance (collectively "Munitions"). User recognizes that User and/or others have and will be utilizing Munitions at the Event when User enters onto the Property and that as such User will be at risk of bodily harm or death as a result of such activity and such Munitions. User acknowledges and is fully aware of the danger User is subjected to by entering the Event and onto the Property and also by engaging in activity with respect to the Munitions. User recognizes that User is at risk of harm including, but not limited to, bodily injury or death from Munitions currently in use or Munitions previously used on the Property by User or others and from any other activities or conditions on the Property or taking place in the Event. User recognizes and understands that Owner makes no representations that the Property or Event is safe and assumes no obligation whatsoever to protect User from risk of injury including, but not limited to, bodily harm and death. User understands the risk fully and assumes all risk of injury or death to him or herself or to any others. In consideration of its having received permission to enter the Event and use the Property and participate as a spectator, participant, or volunteer and having acknowledged the receipt and sufficiency of such consideration, User hereby knowingly waives and releases in advance any and all claims and rights which User might otherwise have against Owner relating to User's entry into the Event or onto or use of the Property, at any time, including any claims based on Owner's negligence. User agrees that Owner shall never be liable for any such claims. User voluntarily assumes all risk and responsibility for any potential loss, property damage or personal injury (including death) which might be sustained by User or any of User's guests, as a result of User entering onto the Property or participating in any activity on the Property, at any time. Should any claim or liability arise, under the laws of the United States, Florida or any other state, and under any theory of law or equity, including under Chapter 790 of the Florida Statutes, User will indemnify, hold harmless, and defend Owner from any and all costs, expenses or liability, including the cost of any settlement or judgment made or rendered against Owner, together with all cost of court or expenses incurred in connection with any such claim, demand or lawsuit including attorneys' fees. User agrees to permit the EVENT to use their photographs as they see fit for marketing, website and social media purposes. USER WAIVES ANY RIGHT TO JURY TRIAL AND AGREES TO SUBMIT ALL DISPUTES RELATING TO THIS AGREEMENT OR ENTRY IN EVENT OR THE USE OF THE PROPERTY OR ANY INJURIES OR DEATH SUFFERED THEREON TO ARBITRATION BEFORE THE ATTORNEYS OF THE PROVING GROUNDS, LLC. User Dated: , 202____
WAIVER: I, the undersigned participant (and my parent or guardian if I am younger than 18 years of age), intending to be legally bound, do hereby forever release and waive any and all rights, claims, and actions for damages that we, our heirs, executors, administrators, and assigns may have, or that may hereafter accrue against any and all persons, organizations, and other entities associated with the event, including, but not limited to Race Entry, sponsors, affiliates, volunteers, The Proving Grounds at The Sawmill, and individual The Proving Grounds at The Sawmill organizers, arising out of or in connection with my involvement before, during, or after the event.
I verify that I am physically fit and sufficiently trained to participate in this event and I assume the risks involved in this activity. I further attest that I will be mindful of traffic along the race course, and hold said sponsors and organizers blameless in any harm that may happen.
I consent to the collection and use of my Personal Information as contained in the Privacy Policy. I also give my permission for the free use of my name and/or pictures in telecasts, broadcasts, newspapers, posters, advertising, etc.
I also acknowledge understanding that the charge to my card will show up as Race Entry. I acknowledge that the online processing fees and charitable donations are non-refundable. I also acknowledge that any charitable donations will have 4.97% withheld from the donation to pay credit card and administrative costs.
Race Entry shall not be liable to you for any direct, indirect, special, incidental, consequential or exemplary damages including, but not limited to, loss of profits, goodwill, use, data or other intangible loses. Race Entry does not guarantee the completeness or accuracy of any information contained in, or provided in conjunction with the http://www.raceentry.com website. Race Entry is not responsible for any omissions or inaccuracies, or for the results obtained from this information.
Race Entry facilitates registration for various events, some of which allow participants under the age of thirteen (13). We require a submission of birth date for all registration entries. For children under the age of thirteen (13), parental or guardian consent is required.
You agree that the statutes and laws of the State of Utah, USA, will apply to all matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any dispute with Race Entry relating to this Agreement and Waiver resides in the courts of Utah, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Utah in conjunction with any such dispute including any claim involving Race Entry .
