CONCORD ROD & GUN CLUB, INC.

74 Strawberry Hill Road

P.O. Box 271 Concord, Massachusetts 01742
RENTAL PARTICIPANT AGREEMENT, RELEASE, WAIVER, INDEMNIFICATION, HOLD HARMLESS AND ASSUMPTION OF RISK AGREEMENT

This Agreement and Release is entered into between the undersigned participant (the "Participant") and the Concord Rod and Gun Club, Inc., a Massachusetts not-for-profit corporation (the "Club"). In consideration of the Participant being permitted to take part in camping, fishing, boating, canoeing, archery, bocce, horseshoes, hiking (the "Activity") sponsored or organized by Cub Scout Pack 149 (the "Renter" and/or "Sponsor") upon the premises and using and fucilities belonging to the Club, and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Participant agrees as follows: The Participant will defend, indemnity and hold harmless the Club (which term shall include the Club's members, directors, officers and agents), from any and all fault, liability, cost, expenses, claim, demand or suit arising out of, related to or connected with the Participant's presence upon the Premises of the Club, the use of Club facilities, the participation in the Activity and any and all other acts or omissions of the Participant, the Club or the Sponsor of the Activity. The Participant furthermore waives any and all rights and claims for damages, losses, demands, and any other actions or claims whatsoever, which he or she may have or which may arise against the Club, including but not limited to the death ofthe Participant and all injuries, damages or illnesses suffered by the Participant or the Participant's property, which may, in any way whatsoever, arise out of, be related to or be connected with the Activity or the Premises, including any latent defect in the Premises or facilities; the Participant's presence on or use of said Premises. Furthermore, the Participant understands and agrees that the Club would not be willing to assume the risks inherent in allowing the Renter and/or Sponsor of the Activity if the Participant did not assume the risk, grant the waivers and agree to the release of all liability provided herein; and the Club is expressly relying on the foregoing assumption of risk, waivers and releases in providing the foregoing course of instruction to the Participant. The Participant hereby acknowledges and agrees that he or she is over the age of 18 years (unless this Agreement is signed by his or her parent or guardian below), is not under any legal disability, has read this Agreement and understands its terms and is executing the same freely, voluntarily, and under no undue influence. The Participant expressly agrees that this Agreement is intended to be as broad and as inclusive as permitted by law, and that if any provision of this Agreement is held invalid or unenforceable, the enforceability of the remaining provisions shall not be impaired thereby. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy nor hereafter existing at law or in equity or by stature or otherwise. The election of anyone or more remedy hereunder by the Club shall not constitute any waiver of the Club's right to pursue other available remedies. This Agreement shall be treated as an instrument under seal, is entered into in the Commonwealth of Massachusetts, and shall be governed by its laws. The Participant agrees that any action brought against

the Club shall be brought only in the Middlesex Superior Court sitting in Cambridge, Massachusetts or the U.S. District Court sitting in Boston, Massachusetts; the Participant agrees to the jurisdiction and venue of said Courts, and waives all objections thereto. THE CLUB (BY ITS ACCEPTANCE OF TillS AGREEMENT) AND THE UNDERSIGNED AGREE THAT NEITHER OF THEM NOR ANY ASSIGNEE OR SUCCESSOR SHALL (A) SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM, OR ANY OTHER ACTION BASED UPON, OR ARISING OUT OF, THIS AGREEMENT OR THE ACTIVITIES CONTEMPLATED HEREBY OR THE DEALINGS OR THE RELATIONSHIP BETWEEN OR AMONG ANY OF THEM, OR (B) SEEK TO CONSOLIDATE ANY SUCH ACTION WITH ANY OTHER ACTION IN wnrcn A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. This Agreement shall be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns of the Participant and the Club, including any minor child of a Participant brought onto the Premises by the Participant to observe or participate in the foregoing activities. WITNESS my hand and seal this __ day of

,zoorr.)

WITNESS: Signature

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City, State & ZIP FORPARTICUPANTS UNDER 18 YEARS OF AGE:

I am the Parent or Legal Guardian of the Participant, have read and understood the above Agreement and agree to be bound by its provisions. I accept full legal and financial responsibility for any loss or injury to the Participant and for any injury, loss or property damage caused by said Participant to the Club or to others.

WITNESS: Parent or Legal Guardian

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F:HJD/crg/release.participant

(Pack 149 modified)