Spangler Blinds Release of Liability Agreement






BAS-G1 Duck Club Members Release of Liability Agreement for the Spangler Blinds

also referred to as Exhibit D in the Property Usage and Release Invitation

This General Release from Liability (this "Agreement") is made by the undersigned ("Hunter") as of the date indicated below, in favor of the Released Parties (as defined in Section 3).

  1. Voluntary Participation. Hunter is an invitee or licensee of Dan and Annette Spangler ("Inviting Party").  Hunter desires to hunt waterfowl and/or pheasant/doves and/or to fish as permitted on that certain real property located in the County of Sutter, State of California, more particularly described as follows (the "Land"):

Lots 13, 16, 17, 18, 19 and 20 as shown on that certain Map entitled "Map of Natomas Bennett Subdivision", filed in the office of the County Recorder of Sutter County, California, on March 25, 1921, in Book 3 of Surveys, Page 83.

APNs: 35-130-009, 35-013-004, 35-013-010, 35-013-011, 35-013-012, 35-013-013

  1. ASSUMPTION OF RISK. HUNTER IS AWARE THAT HUNTING WATERFOWL, PHEASANTS AND/OR OTHER GAME, AND THE USE AND OPERATION OF FIREARMS AND EQUIPMENT, ARE HAZARDOUS ACTIVITIES.  HUNTER IS 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.  HUNTER IS VOLUNTARILY ENTERING AND USING THE LAND AND PARTICIPATING IN THESE ACTIVITIES WITH KNOWLEDGE OF THE DANGERS INVOLVED, HEREBY AGREES TO ACCEPT AND ALL RISKS OF INJURY OR DEATH, AND VERIFIES THIS STATEMENT BY PLACING ITS INITIALS HERE:

                                                Hunters Initial:

  1. Release. As consideration for being permitted to hunt on the Land, Hunter, for himself and his heirs, beneficiaries, distributees, guardians, legal representatives  and assignees (collectively,  the  "Releasors"),  hereby  waives, releases  and  discharges  The  Greenbriar Project  Owner,  LP,  a  Delaware  limited  partnership, Inviting  Party  and  their  respective officers, directors, shareholders,  partners,  affiliates, employees, agents, representatives, successors  and assigns (collectively, the "Released Parties), 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 Hunter's entry upon, use of, the condition of, or participation in hunting or fishing on, the Land.
  2. General Release. This Agreement is a general release and Hunter fully understands that if any of the facts concerning his hunting on the Land should be found hereafter to be other than or different from the facts now believed by him to be true, Hunter expressly accepts and assumes the risks of such possible difference in facts and agrees 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, Hunter waives 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 or her favor at the time of executing the release which if know by him or her must have materially affected his or her settlement with the debtor."

  1. Covenant Not to Sue. Hunter covenants  that neither  he nor any of the Releasers shall assert against the Released Parties or any of them any claims, demands, actions, causes of action, obligations, damages or liabilities of any nature whatsoever, at law or in equity, whether or not now know, suspected or claimed, which the Releasers individually or collectively had, now have or may claim to have against the Released Parties or any of them by reason of Hunter's entry upon, use of, the condition of, or hunting or fishing on, the Land.

Without limiting the foregoing, Hunter agrees that neither he nor any of the Releasers shall file, initiate, commence, institute, maintain, prosecute, aid, assist or participate in any way in any action at law, suit in equity, arbitration proceeding or other proceeding  whether administrative, judicial or otherwise, or voluntarily appear, testify, or produce documents in any such action, suit or proceeding against the Released Parties or any of them concerning any act or omission of the Released Parties or any of them pertaining in any way to Hunter's entry upon, use of, the condition of, or hunting or fishing, on the Land.

  1. Equitable Relief. The covenants not to sue contained in this Agreement may be pleaded as a full and complete defense to, and may be used as the basis for an injunction against, conduct or any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of this Agreement.  Any breach of the covenants not to sue contained in this Agreement are recognized to constitute and shall be deemed to constitute irreparable injury.  Hunter, for himself and on the behalf of each releasor, hereby agrees that it is within its contemplation that if a party should sue or engage in any other conduct in breach of a covenant not to sue contained in this Agreement, the damages of the Released Party sued shall include not only the amount of any judgment recovered against it, but also reasonable attorneys' fees and expenses  and other reasonable  costs  and expenses  in preparing the defense  of  said  suit, preparing  to  prove  and  proving  the  existence  and  validity  of  said covenant not to sue, preparing and proving that the suit is a breach of said covenant not to sue, and defending said suit, and the reasonable costs and expenses, including reasonable attorneys'  fees  and  expenses,  of  prosecuting  a  counterclaim,  suit,  motion  or  action  to recover damages resulting from the breach of said covenant not to sue, whether such costs and expenses are taxable otherwise.
  2. Representations and Warranties. Hunter represents and warrants that he: (i) is experienced in the operation of all equipment and firearms to be used by Hunter on the Land; and (ii) has 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 Section 3 above and released and discharged hereby. 
  3. Attorney’s Fees. If Hunter or any Released Party commences an action or arbitration proceeding against the other to enforce or interpret any of the terms of this Agreement, or because of a breach by any party of any of the terms of this Agreement, the losing party or parties in such action or arbitration shall pay to the prevailing party or parties the reasonable attorneys' fees and other costs and expenses incurred by such prevailing party or parties in connection with such litigation or arbitration.
  4. KNOWING AND VOLUNTARY EXECUTION. HUNTER HEREBY ACKNOWLEDGES AND REPRESENTS THAT THIS AGREEMENT IS EXECUTED WITHOUT RELIANCE UPON ANY AGREEMENT, PROMISE, STATEMENT OR REPRESENTATION; THAT HE HAS READ THIS AGREEMENT; THAT HE IS FULLY AWARE OF THEIR CONTENTS AND LEGAL EFFECT; AND THAT THIS AGREEMENT IS EXECUTED BY HIM OF HIS OWN FREE WILL.  HUNTER FURTHER ACKNOWLEDGES THAT HE IS RESPONSIBLE FOR BEING IN COMPLIANCE WITH HUNTING RULES ATTACHED TO THIS AGREEMENT AS EXHIBIT "A" AT ALL TIMES.

IN WITNESS WHEREOF, I,  , have read and understand this BAS-G1 Duck Club Members Release of Liability Agreement for the Spangler blinds.

Date:  

 

Exhibit "A"

Hunting Rules

SAFETY

  • Loaded guns will not be allowed in moving vehicles.
  • No alcohol will be allowed around loaded guns or in the field.

STAFF

  • All members and their guests will treat staff or temporary help with the utmost respect at all times.

FIELD

  • Always show courtesy to others in the field.
  • Lids must be put back on tanks after hunting.

MISCELLANEOUS

  • Licensee is responsible for ensuring all of their guests sign a waiver before going into the field.
  • Records will be kept of all birds taken.
  • Please clean up after your dogs.
  • All laws and regulations shall be followed regarding ducks left in refrigerator or freezer.

 

Leave this empty:

Signature arrow
G1 Duck Club https://g1duckclub.com
Signature Certificate
Document name: Spangler Blinds Release of Liability Agreement
lock iconUnique Document ID: 77fb6c96456cc00ab0a6c25e6a87800983f17857
Timestamp Audit
October 5, 2018 2:36 am PSTSpangler Blinds Release of Liability Agreement Uploaded by Jerry Nihen Nihen - jerrynihen@jayninelessons.com IP 99.53.247.176