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2022 MAC Fun Shoot

THIS CONTRACT LIMITS OUR LIABILITY - READ IT CAREFULLY | RELEASE AND WAIVER OF LIABILITY

In consideration for my participation in the 2022 MAC Fun Shoot (“Fun Shoot”), its related events and activities I, the undersigned, hereby agree to abide by the terms and conditions of this Release and Waiver of Liability. In furtherance of same, I acknowledge and agree that there is a risk of property damage, personal injury and death associated with participation in the Fun Shoot event. I understand that these risks and dangers may arise from foreseeable or unforeseeable causes and may result from the negligent actions of the Phoenix Art Museum (“PAM”), Fun Shoot and Men’s Arts Council (“MAC”) members, volunteers and employees (collectively referred to as “Releasees”), other participants, the general public, the forces of nature and the undersigned themselves.

The Fun Shoot will include target shooting activities involving firearms, live ammunition and other weaponry. The undersigned acknowledges that they are familiar with the risks associated with the discharge of firearms and utilization of dangerous weapons. The undersigned acknowledges they are familiar with their ability to discharge and utilize such weapons in a safe manner and that they are in compliance with all Federal and State laws and regulations pertaining to the use and possession of firearms. The undersigned further acknowledges that, in the event that they are not familiar with safe firearm practices and/or safe utilization of the other forms of weaponry, they will notify the event organizers and will decline to participate in any such activities. Further, should the undersigned observe any significant hazard or risk during the event, the undersigned will remove him or herself from participation and bring such hazard or risk to the attention of the event organizers. The undersigned also acknowledges that they will not handle or shoot any weapon if they are under the influence of alcohol or any other substance which may impair their judgement or the ability to safely handle any weapon.

The undersigned acknowledges that the risks and dangers associated with the Fun Shoot may be caused by the negligence of Fun Shoot organizers, MAC, PAM, their members, agents, sponsors, employees, other participants and any event volunteers. These negligent acts may include but are not limited to: negligent handling and discharge of firearms and handling and use of other weapons, negligent operation of motor vehicles and golf carts, failure to warn of or remedy dangerous conditions and which may exist on any land, premises or roadway occupied during the event, selection of shooting venue and course suitable to the skills of any participant, selection of any participant, furtherance of the event under prevailing conditions, service of food and drink, to include intoxicating beverages, providing adequate security and failing to take actions necessary to ensure the safety and wellbeing of participants. I further acknowledge and understand that the Fun Shoot promoters reserve the right to revoke my shooting privileges and/or refuse to serve me intoxicating beverages at any time in their sole discretion.

I acknowledge that this Release and Waiver of Liability Agreement is governed by the laws of the state of Arizona and is to be interpreted as broadly and as inclusively as permitted by Arizona law. In the event that any portion of this Agreement is determined to be invalid or unenforceable for any reason, the remainder of the Agreement shall not be affected or impaired in any way shape or form and shall continue in the full legal force and effect. I acknowledge and agree that any action brought against the Releasees must be brought within the state of Arizona via Arizona state or federal courts. I further agree that Arizona is the appropriate location for any action which I may bring and that I will not seek to transfer any action to any forum or venue outside of the state of Arizona. Because this document is a contract, if a lawsuit is filed against the Releasees for any injury or damage in breach of this Agreement, I will be obligated to pay attorney’s fees and costs consistent with A.R.S. §12-341.01.

With acknowledgment of above, I, for myself and behalf of my heirs, assigns, personal and legal representatives and next of kin, agree to assume all risks associated with the Fun Shoot and to release, hold harmless and to a covenant not to sue Releasees to include MAC, PAM, CSDG organizers, their members, agents, sponsors, and employees, and any designated beneficiaries, donors, sponsors, sponsoring agencies or participating community organizations for any claim, loss or liability that may arise in connection with the CSDG and any ancillary activities.

I , on behalf of myself, my heirs, estate, successors, assigns and benefactors, agree to indemnify and hold harmless the Releasees from any claims brought by me, my family, my estate, my heirs, successors, assigns or any other person or persons which may arise out of or in connection with any activity which I or any party accompanying me may engage upon the premises of the event or with Releasees in relation thereto.

PHOTOGRAPH AND PUBLICITY RELEASE

The undersigned grants, MAC, PAM, their agents and assigns, permission to use undersigned’s name, likeness, image, voice and/or appearances as well as video or still images of the undersigned’s vehicle as may be embodied in any recording, including but not limited to: pictures, photos, video, audio tapes, digital images, and the like, taken or made on behalf of MAC, PAM and the Fun Shoot.

The undersigned agrees that MAC, PAM, and their agents and assigns, have complete ownership of such recordings, including the entire copyright, and may use them for any purpose consistent with PAM/MAC missions. These uses include but are not limited to: illustrations, bulletins, exhibitions, videotapes, reprints, reproductions, publications, advertisements and/or any promotional or education materials in any current or later developed medium, including the internet. The undersigned acknowledges that he/she will not receive any compensation for the use of any such materials and hereby releases PAM/MAC and their agents and assigns from any and all claims which arise out of any way connected to such use.

COVID-19 RELEASE AND WAIVER OF LIABILITY

Undersigned acknowledges that they have chosen to participate in the 2022 MAC Fun Shoot (the “Event”) knowing that there is a risk that they may be exposed to the novel coronavirus that causes COVID-19. By signing this Release and Waiver of Liability, you are agreeing that by participating in the Event you are voluntarily assuming the risk of infection and the symptoms of COVID-19 that you might experience, up to and including death.

In an effort to make the Event as safe as possible, I agree that I will abide in full to the COVD-19 rules that need to be imposed. These rules include the use of a face covering at all times when you are congregating with other participants and those assisting with providing meals. When possible, you must observe “social distancing.”
Given the ongoing spread of COVID-19, individuals that fall within any of the categories below should not engage in the Event. By attending the 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 US that has experienced or is experiencing sustained community spread of COVID-19; or
3. Individuals that 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 authorities or the healthcare team responsible for their treatment.

I agree to self-monitor for signs or symptoms of COVID-19 and I will contact the Event organizers if I experience symptoms of COVID-19 within fourteen days after participating in the Event.

I acknowledge that this Release and Waiver of Liability Agreement is governed by the laws of the state of Arizona and is to be interpreted as broadly and as inclusively as permitted by Arizona law. In the event that any portion of this Agreement is determined to be invalid or unenforceable for any reason, the remainder of the Agreement shall not be affected or impaired, but shall remain enforceable.

I acknowledge and agree that venue for any action brought against the Releasees shall be in the Maricopa County, Arizona Superior Court. I acknowledge that Arizona is the appropriate location for any action which I may bring and that I will not seek to transfer any action to any forum or venue outside Maricopa County, Arizona. Because this document is a contract, if a lawsuit is filed against the Releasees for any injury or damage in breach of this Agreement, attorney’s fees and costs may be awarded to the prevailing party under A.R.S. §12-341.01.

With acknowledgment of above, I, for myself and behalf of my heirs, successors, assigns, personal and legal representatives, agree to assume all risks associated with the 2022 MAC Fun Shoot and to release, hold harmless and covenant not to sue MAC, Phoenix Art Museum, their members, agents, sponsors, and employees, and any designated beneficiaries, donors, sponsors, sponsoring agencies or participating community organizations (Releases) for any claim, loss or liability that may arise in connection with the Event and any ancillary activities.