All members and their guests must have a current release agreement signed and on file with Deibler Outdoors, Inc. If there is not a current release on file, feel free to print this form for you or your guest. Have it signed and leave it at the lodge on the bulletin board prior to using the property for any purposes.

 

Deibler Outdoors, Inc.

LIABILITY AND INDEMNIFICATION RELEASE AGREEMENT

 

This agreement is made this _______________day of ______________________, 20_____ by________________________________________________________, who resides at______________________________________________________________ in the City of ____________________, County of _______________________, State of ___________________________ (hereinafter referred to as "Licensee").

 

WHEREAS, Deibler Outdoors, Inc., a Georgia Limited Liability Corporation (hereinafter, the "Corporation") leases certain real property which is known as

________________________________________________________________ (hereinafter, the "Property") for the purpose of providing certain hunting and fishing opportunities for use by its members, family of members, and guests of members; and

WHEREAS, the Licensee desires to utilize the real property for hunting and fishing (based on the type of membership contracted for), but in any event utilize the property for the purposes designated in the membership agreement and in connection therewith to use portions of the property for ingress and egress and to utilize either fields or timberlands for hunting purposes or lakes and ponds for fishing purposes; and

WHEREAS, it is a condition of the use of such premises that this agreement be executed whereby the Licensee agrees to release, indemnify and hold harmless the Corporation and the Property Owner from liability and from other matters as follows.

NOW, THEREFORE, for and in consideration of the premises and for the rights and privileges to utilize the property known for the purposes of hunting and/or fishing based on the type of membership contracted for by the Licensee, and for other good and valuable considerations, the receipt, adequacy, and sufficiency of which are hereby acknowledged by the Licensee, the Licensee hereby agrees and covenants as follows:

 

1.

The licensee agrees to indemnify and hold harmless the Corporation and the Property Owner from and against any and all liabilities, claims, demands, suits, actions, causes of action, charges, damages, fees or any legal proceedings brought or made against the Corporation or the Property Owners arising out of or related in any way to any of the Licensee's acts, neglect, omissions, hunting accidents or fishing accidents, including the negligent or accidental discharge of firearms, while the licensee is participating in any hunting, shooting and/or fishing activity on the property and regardless of whether or not the Licensee is engaged in activities permitted by the type of membership agreement entered into between the Licensee as a member and the Corporation or whether or not the guest is engaged in the type of activity for which the member is permitted to engage pursuant to his membership agreement that the guest is accompanying while on the property, (all of such events and activities hereinafter collectively referred to as the "indemnified Claims").

  

2.

Licensee agrees to pay any and all loss, costs, expense, damages (actual and exemplary), invoices and bills, including attorneys' fees that may be incurred or assessed or for which liability is established, regardless of whether or not paid by the Corporation or the Property Owner, as a result of any of the Indemnified Claims.

 

3.

Licensee agrees that payment of a Claim or an adjudication of liability on a claim is not a required condition precedent for the enforcement of this indemnity and hold harmless agreement.

 

4.

Licensee hereby agrees for himself, his executors, administrators, legal representatives, and heirs not to sue the Corporation or the Property Owner for any claims, demands, actions, causes of action, debts, sums of money, suits, damages, responsibilities, liabilities, costs, expenses, attorneys' fees, any personal injury or death or any property damage or injury to property sustained by the Licensee while the Licensee is on the property utilizing any facilities afforded by the Corporation or engaging in any of the hunting or fishing activities sponsored or permitted by the Corporation or while going to or from such permitted activity over and across any of the roads, field roads, woods roads, or while on any lake or while on the property engaged in any activity whether the same is permitted, contemplated or not contemplated.

 

5.

The term Corporation shall mean the Corporation, its Officers, Directors, and Members as well as its successors and assigns. The term "Property Owner" shall mean the Property Owner and his heirs, executors, administrators, legal representatives and assigns.

 

 

IN WITNESS WHEREOF, the undersigned has hereunto set his hand and seal the day and year first above written.

 

 

 

_____________________________________________________ (SEAL)

Licensee