Terror On The Timber Farm & Amelia Shotgun Sports Waiver
I understand that my participation in Terror On The Timber Farm, located at Amelia Shotgun Sports of 86300 Hot Shot Trail, Yulee, Florida 32097, involves certain risks and dangers. In consideration for being permitted to enter and participate in Terror On The Timber Farm, I agree to the following:
General Assumption of Risk and Waiver of Liability
I agree that Terror On The Timber Farm reserves the right to refuse admission to anyone. I will experience intense audio, lighting, extreme low visibility, strobe lights, fog, damp or wet conditions, special effects, sudden actions and an overall physically demanding environment. I will not enter if I suffer from asthma, heart condition, am prone to seizures, have physical ailments, have respiratory or any type of medical problem, am pregnant or suffer any form of mental disease including claustrophobia. I will not enter if I am intoxicated, wearing any form of cast, medical brace, using crutches or have any type of physical limitation or using drugs of any type. I will not smoke, run, eat or drink inside the attractions. I will not touch any of the actors, customers or props inside the attractions. I will not take any photos or video inside the attractions.
I agree that my admission ticket is a revocable license and may be taken away from me and admission refused. I understand that there is an inherent risk involved with attending this event/attraction. I voluntarily assume all risks and dangers associated with participation in this attraction. In consideration and acceptance of entrance into the attraction I agree to release Terror On The Timber Farm, its parent corporations, affiliates, officers, directors, employees and landlord from any liability for any harm, injury or death, cost or expense whatsoever that may arise directly or indirectly from attending this event or any of the attractions at this location.
I attest, acknowledge, and agree that any individual for whom I have bought an admission ticket for or who uses an admission ticket purchased by me has independently and carefully read this General Assumption of Risk and Waiver of Liability and has knowingly and independently acknowledged and agreed to all its provisions.
If any provision or part thereof of these terms and conditions is held to be invalid, void, or unenforceable by a court of competent jurisdiction, such provision or part thereof shall be deemed modified to conform to applicable law, or if this would cause an illogical or unreasonable result, such provision or part thereof shall be stricken from the terms and conditions without affecting the binding force or effect of any other part or provision.
- Assumption of Risk: I am aware that Terror On The Timber Farm involves physical and mental challenges, as well as potential exposure to frightening situations. I understand that there are inherent risks associated with these activities, including but not limited to tripping, falling, and collisions with props, structures, or other participants.
- Health and Safety: I certify that I am physically and mentally capable of participating in the activities offered at Terror On The Timber Farm. I agree to follow all safety rules and instructions provided by the staff.
- Waiver of Claims: I, on behalf of myself and my heirs, executors, administrators, and assigns, hereby waive, release, and discharge Terror On The Timber Farm, Amelia Shotgun Sports, Little Props Of Horror, its owners, lessees, lessors, operators, employees, and volunteers from any and all claims, demands, liabilities, rights, and causes of action of whatever kind or nature, arising from or in connection with my participation in Terror On The Timber Farm.
- Photography and Likeness: I consent to the use of my image, without payment or any other consideration, in promotional materials and media coverage related to Terror On The Timber Farm.
- Alcohol and Drugs: I agree not to consume alcohol or illegal drugs before or during my visit to Terror On The Timber Farm. I understand that any violation of this policy may result in my removal from the premises without a refund.
- Personal Belongings: I acknowledge that Terror On The Timber Farm is not responsible for any lost or stolen personal belongings.
- No Refunds: I understand that there are no refunds for tickets purchased to Terror On The Timber Farm.
- Time Restrictions: I agree to adhere to the specified date and time for my visit to Terror On The Timber Farm as indicated on my ticket.
- Age Restrictions: I certify that I am of legal age to enter Terror On The Timber Farm, or I am visiting under the supervision of a parent or legal guardian.
AMELIA SHOTGUN SPORTS LICENSE, NOTICE OF RULES AND HAZARDS, RELEASE AND HOLD HARMLESS AGREEMENT, JUNE 8, 2007
THE UNDERSIGNED, HEREAFTER INDIVIDUALLY AND COLLECTIVELY REFERRED TO AS LICENSEE, WISH TO USE LANDS OF EDWARD I. GOODBREAD, ANN G. SHADIX, CLYDE L. GOODBREAD, JANE G. KEELING, ROBERT D. KEELING, JR., and JOYCE BOWMAN, as owners, and GOODBREAD TIMBER FARMS, INC., as Landlord (regardless of the particular method of ownership or any business entity which may hold title) HEREAFTER COLLECTIVELY REFERRED TO AS OWNER/LANDLORD, UNDER LEASE TO AMELIA SHOTGUN SPORTS, LLC., HEREAFTER REFERRED TO AS “TENANT” OR “CLUB”, FOR SHOTGUN SHOOTING SPORTS, AND OTHER, RELATED RECREATIONAL PURPOSES.
THIS LICENSE IS NOT YOUR CLUB MEMBERSHIP. THIS IS YOUR LICENSE AGREEMENT TO USE THE LANDS AND FACILITIES OF THE CLUB. IT IS FOR THE PROTECTION OF THE LANDOWNER, THE LANDLORD, THE CLUB, CLUB OWNER, AND ALL ITS MEMBERS.
THIS AGREEMENT HAS THREE (3) PARTS THAT ARE NOT SEVERABLE. THEY ARE A LICENSE AGREEMENT, A NOTICE OE RULES AND HAZARDS TO THE LICENSEE, AND A COMPLETE RELEASE OF LIABILITY BY THE LICENSEE TO THE OWNER(S), LANDLORD AND CLUB BY YOU AS THE LICENSEE. ACCEPTANCE OF THIS AGREEMENT, ACKNOWLEDGMENT OF ITS TERMS, AND EXECUTION OF THE RELEASE ARE A CONDITION OF YOUR USE OF THE PREMISES. DO NOT SIGN THIS IF YOU DO NOT UNDERSTAND IT OR DO NOT AGREE TO BE BOUND BY ITS TERMS. OWNER, LANDLORD, AND CLUB ARE RELYING ON YOUR EXECUTION OF THIS AGREEMENT IN ALLOWING YOU TO USE THE PREMISES.
I. LICENSE AGREEMENT
THIS LICENSE AGREEMENT IS MADE BETWEEN AMELIA SHOTGUN SPORTS, LLC, AS TENANT/CLUB, AND YOU AS ONE OF THE UNDERSIGNED INDIVIDUALS. YOU ARE REFERRED TO AS INDIVIDUAL LICENSEE(S). THIS LICENSE, FROM THE EFFECTIVE DATE UNTIL TERMINATION OR REVOCATION, IS SUBJECT TO:
A. YOUR ACKNOWLEDGMENT OF RULES AND HAZARDS AND THE EXECUTION OF THE INCORPORATED RELEASE AS SET FORTH BELOW;
B. YOUR FULL COMPLIANCE WITH ALL OF THE RULES AND REGULATIONS OF OWNER, LANDLORD, AND TENANT/CLUB AS THE SAME MAY BE PROMULGATED FROM TIME TO TIME AS WELL AS ALL LAWS AND STATE AND LOCAL RULES AND REGULATIONS;
C. THE RIGHT OF OWNER AND LANDLORD, AND/OR THE TENANT/CLUB TO AMEND THE RULES, AND TO TERMINATE OR OTHERWISE LIMIT THE DURATION OR AREAS LICENSED FOR USE FOR ANY REASON AND AT ANY TIME WHATSOEVER, AS EXPRESSED IN THEIR LEASE AGREEMENTS;
THE TERM OF THIS LICENSE IS AS AGREED BETWEEN THE TENANT/CLUB AND THE UNDERSIGNED INDIVIDUAL LICENSEES, BUT IN NO WAY WILL IT EXCEED THE TERM OF THE CLUB’S LEASE, BEGINNING ON THE 9th DAY OF JULY, 2007, AND EXCEPT,
HOWEVER, THAT THE RELEASE AND HOLD HARMLESS AGREEMENT SHALL SURVIVE THAT PERIOD AND EXTEND IN PERPETUITY AND FURTHER SUBJECT TO ITEM C., ABOVE.
CLUB, FOR ONE DOLLAR AND OTHER VALUABLE CONSIDERATION, GRANTS TO THE UNDERSIGNED, AS LICENSEE, A LICENSE TO ALLOW LICENSEE TO ENGAGE IN SHOTGUN SHOOTING SPORTS AND RECREATIONAL ACTIVITIES ON THE LANDS OF OWNER UNDER LEASE TO LANDLORD AND CLUB, AND SUBJECT THE TERMS OF THAT LEASE AND THE SUB- LEASE TO TENANT/CLUB, AND SUCH OTHER RESTRICTIONS AS TENANT/CLUB, LANDLORD, OR OWNER MAY, FROM TIME TO TIME IMPOSE.
THERE SHALL BE NO REFUND OR PRORATION OF ANY FEE OR MONEY IF THIS LICENSE IS REVOKED, TERMINATED, OR LIMITED BY EITHER OWNER, LANDLORD, OR CLUB AND ALL SUMS PAID ARE FULLY EARNED UPON EXECUTION OF THIS AGREEMENT.
THIS LICENSE SHALL IMMEDIATELY TERMINATE UPON ANY VIOLATION OF ANY STATE OR FEDERAL LAW, ANY VIOLATION OF ANY LOCAL, STATE, OR FEDERAL REGULATION, OR ANY VIOLATION OF ANY RULE OR RESTRICTION IMPOSED BY OWNER, LANDLORD, OR TENANT/CLUB. THIS IS A TRUE LICENSE AND ONLY GRANTS A PRIVILEGE OF USE AT THE DISCRETION OF THE TENANT/CLUB, THE LANDLORD, AND THE OWNER. IT IS PERSONAL TO THE LICENSEE NAMED AND MAY NOT BE ASSIGNED TO ANYONE ELSE EXCEPT AS MAY BE PROVIDED IN THE CLUB RULES.
II. RULES AND NOTICE OF HAZARDS TO LICENSEE,
(The following list is intended only to provide information to you as examples of some of the myriad of hazards and dangers to which one is exposed in using of this facility and is not intended to be exclusive)
1) THE FOLLOWING LIST OF RULES IS NOT EXCLUSIVE, INCORPORATED BY REVERENCE HEREIN ARE ALL LAWS AND REGULATIONS OF THE UNITED STATES, THE STATE OF FLORIDA, AND NASSAU COUNTY, FLORIDA. IN ADDITION, THE FOLLOWING RULES ARE IMPOSED AS A SPECIFIC CONDITION OF ENTRY AND USE OE THE LANDS AND FACILITY. VIOLATION OF THESE RULES MAY RESULT IN SANCTIONS, INCLUDING IMMEDIATE AND PERMANENT EXPULSION FROM THE FACILITY:
A. ALL SCHEDULES AND SUPPLEMENTAL RULES POSTED AT THE SIGN-IN BOARD APPLY TO EACH LICENSEE;
B. EYE AND EAR PROTECTION MUST BE WORN AT ALL TIME ON ANY RANGE, FIELD, OR COURSE, WHETHER YOU ARE PRESENT AS A SPECTATOR, OR DURING PARTICIPATION IN ANY ACTIVITY;
C. FIREARMS MUST REMAIN OPEN AND UNLOADED AT ALL TIMES, EXCEPT FIREARMS MAY ONLY BE LOADED WHEN THE SHOOTER IS IN A DESIGNATED SHOOTING STATION AND THE FIELD OF FIRE IS CLEAR;
D. NO SHOT SIZE LARGER THAN 7 1⁄2 MAY BE USED AT ANY TIME;
E. NO ALCOHOLIC BEVERAGES MAY BE CONSUMED WITHIN THREE (3) HOURS PRIOR TO ANY SHOOTING ACTIVITY;
2) LANDS ARE PRIMARILY USED FOR THE BUSINESS PURPOSES OF THE OWNER AND LANDLORD. THESE BUSINESS PURPOSES MAY INCLUDE VARIOUS AGRICULTURAL ACTIVITIES; RANCHING AND TENDING OF CATTLE; LOGGING, TIMBER HARVESTING, AND PLANTING; PEST AND PLANT CONTROL; CONTROL BURNING AND WILDFIRE; HUNTING; AND OTHER COMMERCIAL AND RECREATIONAL ACTIVITY. THESE ACTIVITIES PRESENT A RISK OF INJURY AND/OR DEATH TO THE LICENSEE AND OTHERS, AND TO THE PERSONAL PROPERTY OF THE LICENSEE;
3) MEDICAL ATTENTION AND FACILITIES ARE NOT PRESENT ON THE PROPERTY AND, IN THE EVENT OF ANY ACCIDENT OR INJURY TO THE LICENSEE, THE LACK OF AVAILABLE MEDICAL CARE AND THE TIME FOR ACQUIRING MEDICAL CARE AND TREATMENT, FOR RESCUE, AND/OR FOR TRANSPORTATION TO A MEDICAL FACILITY CAN BE FATAL TO THE LICENSEE, OR ADVERSELY AFFECT HEALTH AND THE RECOVERY FROM ANY ACCIDENT OR INJURY BY THE LICENSEE;
4) THE USE AND DISCHARGE OF FIREARMS,THE OPERATION OF VEHICLES ON OR OFF OF PAVED ROADS OR IN PARKING AREAS, AND OTHER OUTDOOR ACTIVITIES ALL HAVE CERTAIN INHERENT DANGERS THAT MAY RESULT IN INJURY OR DEATH TO THE LICENSEE. THESE DANGERS, INCLUDE, WITHOUT LIMITATION: LOSS OF EYESIGHT OR HEARING; THE DANGER OF ACCIDENTS, DISEASE, ILLNESS, INJURY, DROWNING, AND FALLS; THE DANGER OF ANIMAL AND/OR INSECT BITES, SCRATCHES, AND STINGS; THE DANGER OF CONTACT BY THE LICENSEE WITH POISONOUS OR DISEASE TRANSMITTING PLANTS, INSECTS, AND/OR ANIMALS; THE DANGER OF GUNSHOT, CUTS, AND OTHER WOUNDS; THE DANGER OF INJURY FROM MOTOR VEHICLE ACCIDENTS; AND THE DANGER TO HEALTH FROM HYPERTHERMIA AND EXPOSURE TO THE ELEMENTS.
III. FULL AND COMPLETE RELEASE OF LIABILITY, INDEMNITY AND HOLD HARMLESS AGREEMENT EACH OF THE UNDERSIGNED SPECIFICALLY ACKNOWLEDGES THE ABOVE NOTICE OF RULES AND NOTICE OF HAZARDS AND AGREES THAT IN EXERCISING THE LICENSE, ENTRY UPON THE LAND, AND/OR USE OF THE PROPERTY, EACH OF THE UNDERSIGNED IS EXPOSED TO PERSONAL DANGER AND HAZARD, THE RISK OF INJURY AND THE RISK OF PROPERTY DAMAGE, EITHER BY FORCE OF NATURE, ACT OF GOD, AND/OR THE NEGLIGENT OR INTENTIONAL ACTIONS AND BEHAVIOR OF OTHERS, INCLUDING OWNERS, LANDLORD, TENANT, SUB-TENANTS, LICENSEES; THEIR OFFICERS, DIRECTORS, MANAGERS, AGENTS, EMPLOYEES, CONTRACTORS, AND TENANTS, SUB-TENANTS OR OTHER LICENSEES; OR TRESPASSERS. IN VIEW OF THESE FACTS, THE ABOVE NOTICE AS TO HAZARDS, AND OTHER HAZARDS AND RISKS WHICH MAY NECESSARILY ARISE, THE UNDERSIGNED, FOR VALUABLE CONSIDERATION THE RECEIPT AND SUFFICIENCY OF WHICH IS ACKNOWLEDGED (including the recreational opportunity afforded by access to these private lands and the use of these private facilities) FOR HIMSELF OR HERSELF, AND HIS OR HER HEIRS, SUCCESSORS, ASSIGNS, FULLY AND COMPLETELY, JOINTLY AND SEVERALLY RELEASE OWNERS AND ALL OF HIS OR HER HEIRS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, AGENTS, OFFICERS, DIRECTORS, MANAGERS AND EMPLOYEES; ALL OF THEIR TENANTS AND SUB-TENANTS (including Goodbread Timber Farms, Inc. and Amelia Shotgun Sports, LLC, and all of their agents, owners, officers, directors, managers, and employees); ALL LICENSEES OF ANY TENANT OR SUB- TENANT; AND ALL AGENTS, INVITEES, CONTRACTORS, AND ALL GUESTS OF ANY OF THEM, AND FULLY AND COMPLETELY WAIVE ALL CLAIMS AGAINST ANY OF THEM AND EACH OF THEM, INCLUDING ARISING FROM THE ORDINARY NEGLIGENCE OF ANY OF THE FOREGOING.
Further, each of the undersigned for himself or herself, and for his or her heirs, successors, legal or personal representatives, and assigns, remises, releases, acquits, satisfies, and forever discharges the said DAWN M. GRANT, EDWARD L. GOODBREAD, ANN G. SHADIX, CLYDE L. GOODBREAD, JANE G. KEELING, ROBERT D. KEELING, JR., JOYCE G. BOWMAN, GOODBREAD TIMBER FARMS, INC., and AMELIA SHOTGUN SPORTS, LLC, and all and singular their heirs, estates, successors, assigns, and all of their officers, directors, managers agents, employees, members, guests, licensees, tenants, sub-tenants, or legal representatives, of and from all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, injuries, arrests, damages, trespasses, negligence, torts, judgments, executions, claims, and demands whatsoever, in law or in equity, which each and every of said undersigned or any of their heirs, estates, representatives, successors, or assigns, or legal representatives hereafter can, shall, or may have against ANY OF THE AFORESAID, for, upon, or by reason of any matter, cause, or thing whatsoever.
This release includes, but is not limited to, all actions and activities of the undersigned, by, through, or in any connection with any activity, accident, mishap, or other occurrence in connection with or stemming from any hunting, fishing, swimming, shooting, or any other social, recreational, or professional activity, or any travel, trespass, use, or any other matter, action, activity, agreement, contract or otherwise with them or any of them or any of their tenants, members, guests, or invitees, without any limitation, and regardless of when or how sustained or caused, from the beginning of the world until its end; and in all respects, each of the undersigned will defend, insure, indemnify and hold DAWN M. GRANT, EDWARD L. GOODBREAD, ANN G. SHADIX, CLYDE L. GOODBREAD, JANE G. KEELING, ROBERT D. KEELING, JR., JOYCE G. BOWMAN, GOODBREAD TIMBER FARMS, INC., and AMELIA SHOTGUN SPORTS, LLC, AND ALL OF THEIR OFFICERS, OWNERS, DIRECTORS, EMPLOYEES, MANAGERS, AGENTS, MEMBERS, GUESTS, LICENSEES, TENANTS, SUB-TENANTS, AND LEGAL REPRESENTATIVES, HARMLESS.