G1 Liability Release Agreement 19/20





2019-2020
BAS-G1 Duck Club Member Release of Liability Agreement

I, , in consideration for being a Member of the BAS-G1 Duck Club, specifically agree that it is not a necessity for me to hunt or shoot waterfowl and I do so voluntarily for my own personal pleasure and entertainment.

I have willingly agreed to release the Organizers (any individuals and/or entities that have any role in the operation, management, or other activities necessary for the BAS-G1 Duck Club to function) from all liability resulting from my actions, or the actions of other people, while I am either participating in any BAS-G1 Duck Club activities or on any property made available by BAS-G1 Duck Club (an “Event”).  I understand I am giving up important rights by contractually agreeing to neither sue nor make any claim(s) against BAS-G1 Duck Club or any of the individual organizers (the “Organizers”) in the event I am injured, killed or suffer property damage or any other kind of damage resulting from numerous hazards associated with an Event, which may or may not involve guns.

I understand there are many other places where I am free to hunt or shoot, where I would not be required to sign this Release of Liability Agreement, but I have freely chosen to hunt or shoot at the places that are made available by BAS-G1 Duck Club through the efforts of the Organizers.

  1. I understand that such risks are inherent to Hunting activities and cannot be eliminated without eliminating the essential qualities of the activity. I further acknowledge the risk that the Organizers may commit negligent acts or omissions during an Event.
  2. My participation in an Event is voluntary. I agree to accept and assume all of the risks of participating in the Event. I agree to accept and assume the risk that Organizers may commit negligent acts or omissions, including the risk that any injuries I may suffer may be made worse by negligent rescue operations or emergency treatment.
  3. I, on behalf of myself and my heirs, beneficiaries, distributees, guardians, legal representatives, and assignees hereby voluntarily waive, release, forever discharge, and agree to indemnify and hold harmless BAS-G1 Duck Club and the Organizers from any and all claims, demands, obligations, actions, causes of action, debts, liabilities, rights, contracts, damages, costs, expenses, losses or claims of any kind whatsoever, at law or in equity, whether liquidated or unliquidated, whether at this time suspected, known or unknown, and whether anticipated or unanticipated, including, without limitation, injury to or death of persons and damage to property, which they may now or hereafter have, arising out of, based upon, pertaining to or in any way connected with or related to my participation in an Event, and also including any claims alleging negligence on the part of an Organizer(s).
  4. Should the Organizers be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
  5. In the event that I file a lawsuit against BAS-G1 Duck Club and/or the Organizers, I agree to do so solely in the Superior Court for the State of California, County of Placer. I further agree that California substantive law shall apply in that action without regard to the conflict of law rules of California or any other state. I agree that any court review/action on such a lawsuit is to give significant weight to the waivers and releases I am voluntarily making in this agreement.  I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect
  6. I AM AWARE THAT HUNTING WATERFOWL, PHEASANTS AND/OR OTHER GAME, THE USE AND OPERATION OF FIREARMS, AND BRING AROUND AND/OR OPERATING EQUIPMENT OF ANY KIND THAT MAY BE PRESENT ON THE PROPERTY BEING HUNTED, ARE HAZARDOUS ACTIVITIES. I AM ALSO AWARE THAT THE LAND, AND THE ROADS, DRAINAGE CANALS, AND OTHER FEATURES AND CONDITIONS OF THE LAND AND IMPROVEMENTS AND OTHER STRUCTURES LOCATED ON THE LAND ARE HAZARDOUS AND THAT HAZARDOUS FARMING, WATER PUMPING, WATER TRANSPORT AND WATER RECLAMATION OPERATIONS, FACILITIES, EQUIPMENT AND IMPLEMENTS OCCUR OR EXIST ON THE LAND. I AM VOLUNTARILY ENTERING AND USING THE LAND AND PARTICIPATING IN THESE ACTIVITIES WITH KNOWLEDGE OF THE DANGERS INVOLVED.  I HEREBY AGREE TO ACCEPT ANY AND ALL RISKS OF INJURY OR DEATH AND VERIFY THIS STATEMENT BY PLACING MY INITIALS HERE:   
  7. As a consideration for being permitted to hunt on any property made available for usage by members of the BAS-G1 Duck Club pursuant to any agreement between the property owner/manager/custodian, and Natomas Basin Duck Club, LLC, I, on behalf of myself and my heirs, beneficiaries, distributees, guardians, legal representatives, and assignees, hereby waive, release and discharge the property owners of such lands and their  respective officers, directors, shareholders, partners, affiliates, employees, agents, representatives, successors  and assigns, and each of them, from any and all claims, demands, obligations, actions, causes of action, debts, liabilities, rights, contracts, damages, costs, expenses, losses or claims of any kind whatsoever, at law or in equity, whether liquidated or unliquidated, whether at this time suspected, known or unknown, and whether anticipated or unanticipated, including, without limitation, injury to or death of persons and damage to property, which they may now or hereafter have, arising out of, based upon, pertaining to or in any way connected with or related to my entry upon, use of, the condition of, or participation in hunting on, the Land. I HEREBY AGREE TO ACCEPT ANY AND ALL RISKS OF INJURY OR DEATH AND VERIFY THIS STATEMENT BY PLACING MY INITIALS HERE:
  8. As a consideration for being permitted to hunt on the property made available for usage by members of the BAS-G1 Duck Club pursuant to a Property Usage and Release Invitation between D. A. Spangler Farms and BAS-G1 Duck Club, I agree to execute fully the document referred to as, Spangler Property GENERAL RELEASE FROM LIABIILITY (also referred to as Exhibit “D” in the Property Usage and Release Invitation which is the document that allows BAS-G1 Duck Club to hunt on said property).
  9. I fully understand that if any of the facts concerning my hunting on the properties made available by BAS-G1 Duck Club should be found hereafter to be other than or different from the facts now believed by me to be true, I expressly accept and assume the risks of such possible difference in facts and agree that this Agreement shall be and remains effective notwithstanding any such difference in facts. To the extent Section 1542 of the Civil Code of the State of California may be deemed to apply to this Agreement, I expressly waive any right or benefit available to it in any capacity under the provisions of that Section, which provides:

 “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which if know by him must have materially affected his settlement with the debtor.”

  1. YOUR SAFETY IS THE ORGANIZERS PRIMARY CONCERN. THE ORGANIZERS EXPECT YOU TO FOLLOW SAFE GUN HANDLING AND HUNTING PROCEDURES. THE ORGANIZERS RECOMMEND YOU UTILIZE SAFETY GLASSES AND ORANGE HUNTING CAP, VEST OR JACKET.  FOR YOUR SAFETY AND THE SAFETY OF YOUR HUNTING COMPANIONS, NO ALCOHOL OR DRUG CONSUMPTION IS ALLOWED WHILE HUNTING OR SHOOTING.  HUNTING CAN BE PHYSICALLY DEMANDING.  THE ORGANIZERS EXPECT YOU TO KNOW YOUR PHYSICAL LIMITATIONS.
  2. I represent and warrant that: (i) I am experienced in the operation of all equipment and firearms to be used by myself or my guests on the properties made available by BAS-G1 Duck Club; and (ii) I have not assigned to another person or entity any interest in any of the claims, demands, obligations, actions, causes of action, debts, liabilities, rights, contracts, damages, costs, expense, losses or claims referred to in this Agreement and released and discharged hereby.

I have had sufficient opportunity to read this entire document and, if I choose, to obtain legal counsel regarding the rights I am waiving under this Release of Liability Agreement.  I have read and understood it, and I agree to be hound by its terms.

I hereby acknowledge and represent: that this Agreement is executed without reliance upon any agreement, promise, statement or representation; that I have read this Agreement; that I am fully aware of the contents and legal effect; and that this Agreement is executed by me of my own free will. 

By signing this document, I acknowledge and expect that I may be found by a court of law to have waived my right to maintain a lawsuit against the Organizers, including claims that the Organizers have committed negligent acts or omissions.  

I,  , have read and understand this BAS-G1 Duck Club Member Release of Liability Agreement and agree to agree to be bound by all of the provisions herein with regards to myself and the following named Minor(s) who are my children or for whom I am the legal guardian.  ;  

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SIGNATURE  OF PARENT/GUARDIAN OF JUNIOR HUNTER(S) OF NON-MEMBERS

This document must be printed and the following section MUST be completed, executed and the full document uploaded to the website (using the Junior Member's login) by the Parent or Legal Guardian of the Junior Member. 

I, ___________________________________, by signing this document, acknowledge and expect that I may be found by a court of law to have waived my right to maintain a lawsuit against the Organizers, including claims that the Organizers have committed negligent acts or omissions.  I also make the following representations and binding commitments.

  1. I am the Parent or Guardian the minor(s) named below (each a “Minor”) who wishes to be a Junior Member and participate in hunting activities of the BAS-G1 Duck Club.   
  2. I have read this entire BAS-G1 Duck Club Member Release of Liability Agreement and agree that its terms and provisions govern this Parent or Guardian's approval of allowing the named Minor(s) to participate in hunting on BAS-G1 Duck Club properties made available for waterfowl hunting.
  3. I agree to accept and assume all of the risks to Minor arising from or related to Minor’s participation in an Event, including the risk of Organizer's negligent acts or omissions, including the risk that any injuries Minor may suffer may be made worse by negligent rescue operations or emergency treatment.
  4. I hereby voluntarily, release, forever discharge, and agree to indemnify and hold harmless BAS-G1 Duck Club and /or the Organizers from any and all claims, demands, obligations, actions, causes of action, debts, liabilities, rights, contracts, damages, costs, expenses, losses or claims of any kind whatsoever, at law or in equity, whether liquidated or unliquidated, whether at this time suspected, known or unknown, and whether anticipated or unanticipated, including, without limitation, injury to or death of persons (including but not limited to said Minor) and damage to property, which they may now or hereafter have, arising out of, based upon, pertaining to or in any way connected with or related to my participation in an Event, and also including any claims alleging negligence on the part of an Organizer(s).

Minor #1’s Name                      

Minor #2’s Name                      

Minor #3’s Name                      

Parent or Guardian’s Signature     __                                                                           _______________  

Parent or Guardian's Address:    _______________________________________________

Parent or Guardian's Phone        (____) - ______ - _________ 

 

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Signature Certificate
Document name: G1 Liability Release Agreement 19/20
lock iconUnique Document ID: 85f594d6839686c00303bff313375fe2c6d2cded
Timestamp Audit
October 5, 2018 1:53 am PDTG1 Liability Release Agreement 19/20 Uploaded by Jerry Nihen Nihen - jerrynihen@jayninelessons.com IP 67.166.140.109