I understand that by participating, and/or attending a Charity Clay Shoot NY, Inc. (hereinafter referred to as "CCSNY") event, I am giving up the right to sue the parties listed herein for any injuries, including death, I may suffer as a result of participating in a shooting event or shooting instruction at the event including but not limited to injuries that may occur during volunteering or training, or from equipment, procedures, competition, instruction, transportation to an from, or supervision provided in connection with the event or any other firearm shooting activities. I further understand that I am agreeing to defend the parties listed herein from any claims that may arise out of my participation in any event organized by CCSNY.
I have read fully and understand each provision of this agreement, and have indicated my understanding and agreement by paying for and/or participating in this event.
I agree that I shall exercise safe firearm handling practices at all times, and follow all safety rules and instructions provided by the range.
In consideration of my participation in shooting or shooting instruction at a Charity Clay Shoot NY, Inc. event, I agree that:
1) RELEASED PARTIES: By participating, I voluntarily agree to forever release and discharge the following parties: Charity Clay Shoot NY, Inc, Richard M. Neuman, and Michael J. Winiarski, and all of their partners, managers, employees, members, directors, officers, instructors, agents and event sponsors, and any public entity or public employee (whether paid or volunteer) that assists in presenting, organizing and promoting any Charity Clay Shoot NY, Inc. shooting event.
2) ASSUMPTION OF RISK: I acknowledge that firearm shooting activities and all other activities associated with this event may involve a test of my physical and mental limits and may contain inherent risk and dangers (including serious injury or death), that no amount of care, caution, instruction, or expertise can eliminate. I know and understand that I alone am fully responsible for every shot that I fire, and where the bullet or shot lands/stops. Other risks involved with this event may include but are not limited to, lack of hydration, risks caused by terrain, facilities, temperature, weather, insects, animals, equipment, commercial ammunition, whether it is brought by me or provided by Range, vehicular traffic, motorized vehicles, firearms, actions of other people including, but not limited to, other participants, volunteers, spectators, coaches, event officials, and event monitors and/or producers of the event. These risks are not only inherent to participants like me but are also present to volunteers. I acknowledge and understand the scope, nature, and extent of the risks involved in the activities contemplated herein. I voluntarily, freely, and unconditionally choose to incur any and all such risks and dangers.
3) RELEASE FROM LIABILITY: I hereby fully and forever discharge and release the Released Parties from any and all liability, claims, demands, losses, and causes of action whatsoever arising out of any damages, whether in tort or contract or under any statute of any nature, both in law and in equity, including claims for personal injury or death to me or damage to my property arising from the passive or active sole or concurrent negligence or other fault of any of the Released Parties including but not limited to any claims or losses resulting from any activities in which I may engage during a Charity Clay Shoot NY, Inc. event including but not limited to walking between stations, watching others shoot, operating any motorized vehicle, or from any other cause that may arise during the event.
4) COVENANT NOT TO SUE: I further agree that my heirs, executors, administrators, successors, assigns and personal representatives, or anyone else claiming on my behalf, shall not initiate any lawsuit, cause of action, or claim for damages against any of the Released Parties, nor shall they initiate or assist in the prosecution of any claims for damages against the Released Parties, which I, my heirs, executors, administrators, successors, assigns, personal representatives and/or anyone else claiming on my behalf may have reason of injury to my person or property, or my death, arising from the activities covered by this agreement, whether caused by the negligence or fault, either active or passive of any of the Released Parties or from any other causes.
5) INDEMNITY AGREEMENT: I agree unconditionally, for myself and my heirs, executors, administrators, distributes, guardians, legal representatives, or assigns to indemnify and hold harmless the Released Parties from any and all losses, claims, actions, or proceedings of any kind including but not limited to attorney fees and associated cost incurred by any and/or all of the Released Parties for the defense of any such actions which may hereafter arise directly or indirectly from my activities while engaging in activities contemplated by this agreement. Furthermore, I hereby instruct my heirs, executors, administrators, successors, assigns, personal representatives, or anyone else claiming on my behalf, should any such lawsuit or cause of action be instituted against any of the Released Parties, I agree that such Released Parties shall be entitled to recover attorney’s fees and cost incurred in the defense of such lawsuit or cause of action, including any arising therefrom.
6) CONTINUATION OF OBLIGATIONS: I agree and acknowledge that the terms and conditions of the above provisions, including ASSUMPTION OF RISK, EXEMPTION FROM LIABILITY, COVENANT NOT TO SUE, and INDEMNITY AGREEMENT shall continue in full force and effect indefinitely even upon conclusion of the Charity Clay Shoot NY, Inc. event.
7) MODIFICATION OF AGREEMENT: This agreement cannot be modified orally and a waiver of any provision shall not be construed as a modification of any provision herein, as consent to any other provision herein, or as consent to any subsequent waiver or modification.
8) SEVERABILITY: It is agreed between the parties that if any portion of this agreement is found by a Court to be unenforceable or against public policy, such determination shall not affect the validity or enforceability of the other provisions hereof, all of which shall remain in full force and effect. I specifically waive any claim of unenforceability on behalf of myself, my estate, or anyone who might sue on my behalf.
9) CHOICE OF LAW: It is further agreed between the parties that venue and jurisdiction for any legal action arising out of any manner, which is subject of this agreement, shall be in the courts of Suffolk County, New York. This Agreement shall be construed under the laws of the State of New York.
10) I acknowledge that the event holders, sponsors, and organizers of the activity or event in which I may participate, will use this Terms Policy and that it will govern my actions and responsibilities of said activity or event.
11) I hereby certify that I am physically fit, have sufficiently prepared or trained for participation in the activity or event, and have not been advised not to participate by a medical professional. I certify that there are no health-related reasons or problems that preclude me from participation in this activity or event or impair my capabilities to fully participate in the contemplated activity.
12) I agree that CCSNY may use, for promotional purposes, images that may include me taking part in events and also consent to the following:
CCSNY, through this website, may use any and all photographs, likenesses, video reproductions, motion pictures, or other record taken on this day, without limitation to pictures and sound of myself alone or with others, for any reasonable purpose, with no compensation to me. These photographs or other reproductions may be shared with partners, including media, or other partners with no limitation.
13) COVID-19 Waiver:
While participating in events held or sponsored by Charity Clay Shoot NY, Inc., (“CCSNY”), consistent with CDC guidelines, participants are encouraged to practice hand hygiene, “social distancing” and wear face coverings to reduce the risks of exposure to COVID-19. Because COVID-19 is extremely contagious and is spread mainly from person-to-person contact, CCSNY has put in place preventative measures to reduce the spread of COVID-19. However, CCSNY cannot guarantee that its participants, volunteers, partners, or others in attendance will not become infected with COVID-19.
In light of the ongoing spread of COVID-19, individuals who fall within any of the categories below should not engage in CCSNY events and/or other face-to-face fundraising activities. By attending a CCSNY event, you certify that you do not fall into any of the following categories:
1. Individuals who currently or within the past fourteen (14) days have experienced any symptoms associated with COVID-19, which include fever, cough, and shortness of breath among others;
2. Individuals who have traveled at any point in the past fourteen (14) days either internationally or to a community in the U.S. that has experienced or is experiencing sustained community spread of COVID-19; or
3. Individuals who believe that they may have been exposed to a confirmed or suspected case of COVID-19 or have been diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for their treatment.
COVID-19 DUTY TO SELF-MONITOR:
Participants and volunteers agree to self-monitor for signs and symptoms of COVID-19 (symptoms typically include fever, cough, and shortness of breath) and, contact CCSNY at email@example.com if he/she experiences symptoms of COVID-19 within 14 days after participating or volunteering with CCSNY.
COVID-19 LIABILITY WAIVER AND RELEASE OF CLAIMS:
I acknowledge that I derive personal satisfaction and a benefit by virtue of my participation and/or voluntarism with CCSNY, and I willingly engage in CCSNY events and/or other fundraising activities (the “Activity”).
COVID-19 RELEASE AND WAIVER:
I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST CHARITY CLAY SHOOT NY, INC. AND ITS AFFILIATED PARTNERS AND SPONSORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THE ACTIVITY.
COVID-19 ASSUMPTION OF THE RISK: I acknowledge and understand the following:
1. Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;
2. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties; and
3. I hereby knowingly assume the risk of injury, harm and loss associated with the Activity, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties.
COVID-19 MEDICAL ACKNOWLEDGMENT AND RELEASE. I acknowledge the health risks associated with the Activity, including but not limited to transient dizziness, lightheaded, fainting, nausea, muscle cramping, musculoskeletal injury, joint pains, sprains and strains, heart attack, stroke, or sudden death. I agree that if I experience any of these or any other symptoms during the Activity, I will discontinue my participation immediately and seek appropriate medical attention. I DO HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY FIRST AID, TREATMENT, OR SERVICE RENDERED IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITY.
As a participant, volunteer, or attendee, You recognize that your participation, involvement and/or attendance at any Charity Clay Shoot NY, Inc. fundraising event or activity (“Activity”) is voluntary and may result in personal injury (including death) and/or property damage. By attending, observing or participating in the Activity, You acknowledge and assume all risks and dangers associated with your participation and/or attendance at the Activity, and You agree that: (a) Charity Clay Shoot NY, Inc. (b) the property or site owner of the Activity, and (c) all past, present and future affiliates, successors, assigns, employees, volunteers, vendors, partners, directors, and officers, of such entities (subsections (a) through (c), collectively, the "Released Parties"), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of your participation in, attendance at, and/or observation of the Activity, regardless if any such injuries or losses are caused by the negligence of any of the Released Parties (collectively, the "Released Claims"). BY ATTENDING AND/OR PARTICIPATING IN THE ACTIVITY, YOU ARE DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
I hereby expressly recognize that this agreement is a contract in which I have released any and all claims against the released parties that may result from my participation in CCSNY events as a shooter, student, spectator, or volunteer, including claims caused by the negligence of any of the released parties, other shooters, students, spectators or volunteers.
I have read this agreement carefully and fully understand its contents and proceed of my own free will.
1. Partial refunds will be issued up to seven days prior to the event. A non-refundable $50 donation is retained for the event charity.
2. No refunds less than seven days in advance.
3. Sponsorships are non-refundable.
4. Please allow 10 business days for credit card refunds to appear on your statement. Processing is handled by Stripe.