The following provisions govern your participation with the USA High School Clay Target League and exempts the USA High School Clay Target League and its Affiliates from any liability related to the programs, classes, content, certifications, and any other activities conducted, provided or facilitated by the USA High School Clay Target League or its Affiliates, (USA High School Clay Target League, its Affiliates, programs, classes, content, certifications, and activities shall be collectively referred to as the “League”). By accepting the following terms and conditions, Participant is agreeing that participating in the League is optional and that Participant acknowledges and agrees to the indemnification, waivers, and releases contained herein.
(a) “League” – shall mean the USA High School Clay Target League, its Affiliates, programs, classes, content, certifications, activities, including but not limited to its Coach Leadership and Safety Support Certifications.
(b) “Course” – shall mean League’s firearm handling and fundamental classes provided to student athletes in grades 6-12 or any other adult person, coach or individual, any certification programs conducted or sponsored by the League, any League program content, League classes, or any League activity.
(c) “Participant(s)” – shall mean the student or students enrolled in Course and his or her parents or legal guardians.
(d) “Parties” – shall mean the Participant and League.
(e) “Affiliates” – shall mean any persons or entity which, directly or indirectly, controls, is controlled by, or is under common control with USA High School Clay Target League, including League directors, officers, employees, agents, and all state specific high school clay target organizations related to the League.
II. Assumption and Acknowledgment of Risk. FIREARMS CAN BE DANGEROUS. Participant acknowledges that involvement in the League and Courses involves firearms which may present certain risks to Participant. Participant knowingly, willingly and voluntarily assumes any and all risks associated therewith, whether known or unknown, foreseeable or unforeseeable, specifically including but without limitation, the risk of physical, mental or emotional injury, minor and/or severe bodily harm, and/or illness, which may arise by any means. This assumption of risk and acknowledgment of risk includes without limitation assuming the risk of any harm which may result from any acts, omissions, or communications provided by League or its agents or employees, and any risk of harm from any acts or omissions of other Participants.
III. Waiver and Release. Participant knowingly, willingly and voluntarily releases, discharges, and covenants not to sue the League, its Affiliates, directors, officers, employees, agents, sponsors, successors and assigns (“Released Parties”) from any and all claims, liabilities, losses or expenses, including reasonable attorney’s fees, and disbursements whatsoever arising out of or related to any loss, damage or injury, including death whether caused by Participant’s negligence, another Participant’s negligence, the Released Parties’ negligence, or otherwise, occurring while, or arising from or in connection to the League or Course except as caused by intentional, willful or wanton conduct.
IV. Indemnification. To the maximum extent allowed by law, Participant will indemnify, defend and hold harmless LEAGUE, its respective directors, officers, employees, agents and affiliates (collectively the “Indemnified Party”) from and against any and all third party claims, losses, damages, suits, fees, judgments, costs and expenses (collectively referred to as “Third Party Claims”), including reasonable attorneys’ fees incurred in responding to such Third Party Claims, that the Indemnified Party may suffer or incur arising out of or in connection with (1) participant’S INENTIONAL OR UNINTENTIONAL ACTS OR OMMISSIONS OF ANY KIND; or (2) any personal injury (including death) or damage to property resulting from participant’s intentional or unintentional acts or omissions. The provisions of this indemnification section shall survive any termination or expiration of this PARTICIPANT Agreement OR PARTICIPANTS INVOLVEMENT with THE LEAGE AND SHALL APPLY TO ANY ASSIGNS OF LEAGUE.
V. Miscellaneous. Any dispute between the Parties involving the commencement of a court action related to the terms and conditions of this Participant Agreement, or Participant’s involvement with the League or Course shall be venued in the State of Minnesota, County of Hennepin. In the event League is required to incur attorney’s fees in the enforcement of this Agreement, or in defending any claims, allegations, or actions of any kind, whether or not a court action is commenced, League shall be entitled to recover from Participants or his/her agents, all its costs and attorney’s fees incurred in doing so.