LIABILITY RELEASE AND NON-CIRCUMVENTION AGREEMENT:
WINGS IN FLIGHT OUTDOORS
1. RELEASE OF LIABILITY: The Participant, for himself/herself and on behalf of his/her heirs, assigns, personal representatives, and next of kin, hereby releases, indemnifies, and holds harmless Wings In Flight Outdoors, its owners, agents, and employees, with respect to any and all injury, disability, death, or loss or damage to person or property, to the fullest extent permitted by law, arising from the Participant's involvement in any hunting activities facilitated by the Wings In Flight Outdoors.
2. ACKNOWLEDGMENT OF RISKS: The Participant acknowledges that hunting activities are inherently dangerous and involve risks, including, but not limited to, risk of personal injury, death, and damage to personal property.
3. NON-CIRCUMVENTION: The Participant agrees not to directly or indirectly approach, lease, or purchase, or attempt to approach, lease, or purchase any land or parcel of land on which Wings In Flight Outdoors has facilitated hunting activities for the Participant for a period of five (5) years following the date of the last hunt facilitated by Wings In Flight Outdoors.
4. PENALTY FOR BREACH: In the event of a breach of the Non-Circumvention clause by the Participant, the Participant agrees to pay Wings In Flight Outdoors a penalty of $75,000 for each parcel of land involved in the breach. This penalty is agreed upon due to the unique and significant value of Wings In Flight Outdoors‘ business relationships and arrangements with landowners, and is not a penalty for late payment or otherwise.
5. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma. Any disputes arising out of this Agreement shall be resolved in the courts of the State of Oklahoma.
6. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties and supersedes any prior understandings, written or oral, relating to the subject matter of this Agreement.