General Release and Liability Waiver and Covenant Not to Sue
In consideration for receiving permission to participate in the forthcoming Osprey Training Facility Activity (“OTFA”), I hereby expressly and irrevocably release the Hosts from all liability for Injury (as such capitalized terms are defined below) and expressly and irrevocably waive all claims, actions and causes of action against the Hosts.
“Hosts” means Osprey Global Solutions LLC, Osprey Training Facility LLC, doing business as The Council Gun Club , each owner of the property located at 1000 N. Elwell Ferry Rd., Council, NC 28434 (including without limitation the estate of David L. Grange, Holly Grange, and Matthew Grange) and each of their respective directors, officers, employees, servants, agents, contractors, subsidiaries, and affiliated entities (whether incorporated or unincorporated), including entities that may be formed after the date hereof and deemed to be Hosts by Osprey Global Solutions LLC, acting in its sole discretion.
“Injury” means any physical, psychological or emotional injury, damage, disease or harm, including, without limitation, permanent bodily injury or death, to a person or to property, of any type whatsoever, whether immediate or contingent, whether the result of an intentional act or not, whether caused by a Host, another Participant, or other parties.
“Participate” means attendance at any OTFA activity (as such are determined by the Hosts at their sole discretion), whether as a guest, student, instructor, sponsor, demonstration professional, employee, contractor, spectator, or otherwise, as well as travel to and from such events, along with all activities connected or related to such events, directly or indirectly, whether or not hosted, organized, scheduled, controlled, managed, or planned by the Hosts.
I irrevocably waive all claims, actions and causes of action, current or potential, against all Hosts (and each individually) for any Injury relating to, in connection with or arising from any OTFA activity or my Participation therein, and further covenant not to sue or otherwise seek any recovery from any Host in relation to such waived claims, actions or causes of action.
I understand that Participation in an OTFA activity involves risks and danger of Injury, including risk of serious injury and death. I understand that many risks and dangers of Participation are unknown to me.
I understand and irrevocably agree that in the event of Injury the Hosts will have no liability for any claim that I, my heirs or any personal representatives may have against them with respect to all negligent or other acts, injuries, claims, demands, suits, damages, settlement and liabilities of any kind, including without limitation, bodily injury, disease or illness, transmission of Covid-19, medical treatment, or death, or property damage, known or unknown, foreseen or unforeseen, that may arise from, relate to or be in any way connected to my Participation.
I hereby elect to voluntarily Participate knowing that conditions may be hazardous, or may become hazardous or dangerous to me and my property. I voluntarily assume full responsibility for any risks of loss, property damage or personal injury, including death, that may be sustained by me, or any loss or damage to property owned by me, as a result of my being a Participant, whether caused by negligence or otherwise.
I further hereby agree to indemnify, save and hold harmless the Hosts, individually and collectively, from any loss, liability, damage or costs they may incur (including reasonable attorneys’ fees) due or relating to my Participation in an OTFA activity, whether caused by the negligence of any or all of the Hosts or otherwise.
Duration of Agreement
This General Release and Liability Waiver and Covenant Not to Sue shall remain in full force and effect for a period of one (1) year from the date of execution by the undersigned Participant, unless otherwise terminated or extended by mutual written agreement between the Participant and the Hosts. During this period, the terms of this agreement shall apply to all Osprey Training Facility Activities (OTFA) in which the Participant engages, as defined herein, without the need for the Participant to execute additional waivers for each activity, unless required by the Hosts in their sole discretion. The Participant’s obligations, including but not limited to the release of liability, covenant not to sue, and indemnification, shall continue to apply to any claims, injuries, or actions arising from Participation during this one-year period, even if such claims are asserted after the expiration of this period.
It is my express intent that this Release shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a Release, Waiver, Discharge and Covenant Not to Sue the above named Hosts.
Further, as a Participant in a OTFA activity, I understand that I will be filmed and the use of my image will be included in various marketing materials over time. As such I agree to the following:
1) Use of name and likeness. I hereby grant to the Osprey Global Solutions LLC, Osprey Training Facility LLC d/b/a The Council Gun Club and its affiliates and assigns (together, the “Owners”), as an irrevocable and non-exclusive license, the right and permission to use in perpetuity, my name, likeness, image, voice, recorded voice, appearance, biographical information, statements, performance and/or testimonial(s) (collectively, the “Appearance”) in any manner and in any media, now known or later developed, throughout the world, at any time, for the purpose of advertising and publicizing the Owners’ products and services, without review, permission or compensation of any amount or kind whatsoever. The Owners shall have complete ownership of any recording, product, copy, presentation or other material or file containing or featuring my Appearance (the “Product”), including copyright interests, and I acknowledge I have no interest or ownership in the Product (or any portion thereof) or its copyright. This grant includes without limitation the right for the Owners to edit, abridge, augment, title, or create a compilation from my Appearance in whole or part as the Owners may elect in its sole discretion.
2) Release of liability. I shall not hold the Owners responsible for any liability resulting from the lawful use of my Appearance in accordance with the terms of this agreement.
3) No obligation. I understand that the Owners have the right, but not the obligation to use my Appearance.
4) No conflicts. I confirm that I have the right to enter into this Agreement, that I am not restricted by any commitments to third parties, and that the Owners have no financial commitment or obligations to me as a result of this Agreement. I will not authorize or permit the use of my name, voice, photograph, likeness, or testimonial in connection with the advertising or promotion of any product or service competitive to or incompatible with Owners’ products or services for two years after the date of this agreement.
In signing this agreement, I acknowledge and represent that (a) I have read the foregoing release, understand it, and sign it voluntarily as my own free act and deed; (b) no oral representation, statements or inducements, apart from the foregoing written agreement, have been made in respect of this release; and (c) I am of the age of majority and have the right to enter into the present agreement.
The undersigned Participant represents and warrants that they have not consumed, ingested, or been under the influence of any alcoholic beverages, illegal drugs, or impairing substances (including prescription or over-the-counter medications that may impair physical or mental capabilities) within the 24 hours prior to or during their Participation in any OTFA activity, as defined in the Waiver.
Participant agrees that any violation of this affirmation, including but not limited to attending an OTFA activity under the influence of alcohol, drugs, or impairing substances, may result in immediate removal from the premises without refund or recourse.
This agreement is intended to be as broad and inclusive as permitted by law. In the event that any clause or provision of this Agreement is held to be invalid by a court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Agreement which shall continue to be enforceable.
I agree that this agreement shall be construed in accordance with the laws of the State of North Carolina without giving effect to conflicts of laws, and that any disputes arising from or related to this agreement shall be subject to the exclusive jurisdiction of the Federal and State courts sitting in Bladen County, North Carolina. I agree to personal jurisdiction in such venue and irrevocably waive all objections thereto, including objection to inconvenient forum.