Deer Management Program

In order to accommodate your needs and to ensure that you have a successful time at this event, we will need the following information. Please provide as much detail as possible.

The applicant, by signing this form acknowledges this event involves risk and he/she understands they assume total responsibility for his/her actions and or injury that may result from his/her participation, and therefore, waives and releases all other participants, host, partners, instructors, volunteers, land owners, guides, event officials, the Adaptive Sportsmen of Kentucky organization, staff members, and all family members plus any and all other individuals or parties involved or in attendance of all claims/damage or injury incurred in connection with this event in any way. In addition, by signing this form you are granting unconditional permission for your name, voice, and photo likeness to be used in any way as well as for any media uses or publications, literature, press releases, web-sites or audio/video production purposes by the Adaptive Sportsmen of Kentucky organization, all parties involved directly or in-directly, and by all individuals associated with or in attendance at this event. If under the age of (17) seventeen, the participant’s parent or legal guardian must sign this form.

Release, Waiver: Indemnity Agreement and ATV/UTV Information

(The “Releasor”) In consideration of being permitted to participate in a special deer management program on certain designated property (the “Property”) owned by the Isaac W. Bernheim Foundation, Inc. (“Bernheim Foundation”), the Releasor, for himself, herself, spouse, legal representatives, heirs and assigns or anyone claiming through or under them, hereby releases, waives and discharges Bernheim Foundation, its trustees, directors, officers, employees, agents and members, and each of them, and their officers, employees, and agents (the “Releasees”), from all liability to the Releasor, his or her spouse, legal representatives, heirs and assigns, or anyone claiming through or under them, for any and all loss or damage, and any claim or damages resulting therefrom, on account of injury to the Releasor’s person or property, including injury resulting in the death of the Releasor, whether caused by negligence of the Releasees or of other hunters or by any cause whatsoever while the Releasor is participating in the deer management program or as a consequence of the Releasor’s presence on the property. The Releasor agrees to indemnify the Releasees, and each of them, for any loss, liability, damage or cost, including attorney fees, they or each of them may incur as a consequence of the Releasor’s presence on the Property or the Releasor’s participation in the deer management program, whether caused by negligence of the Releasees or any cause whatsoever. The Releasor knowingly and voluntarily assumes full responsibility for the risk of bodily injury, death or property damage due to the negligence of the Releasees or other persons participating in the deer management program or due to any cause whatsoever while the Releasor is on the Property before, during or after the deer management program. Releasees have not warranted or represented that the Property is safe or suitable for the purpose of hunting deer/feral pig. The Releasor acknowledges the existence of KRS 150.645 (Liability of landowner consenting to hunting, fishing, trapping, or hiking on premises) a copy of which is printed below, and agrees that this Release, Waiver and Indemnity Agreement is in addition to said statutory provision and not in lieu thereof and is not limited thereby. The Releasor expressly agrees that this Release, Waiver and Indemnity Agreement is intended to be broad and inclusive. The invalidity, illegality or unenforceability of any provision of the Agreement shall not affect any other provision thereof. The Releasor acknowledges that he or she has read and understands the release, waiver, and indemnity contained in this Agreement.

An owner, lessee or occupant of premises who gives permission to another person to hunt, fish, trap, camp or hike upon such premises shall owe no duty to keep the premises safe for entry or use by such person or to give warning of any hazardous conditions on such premises, and such owner, lessee or occupant by giving such permission, does not thereby extend any assurance that the premises are safe for such purpose or constitute the person to whom permission is granted an invitee to whom a duty of care is owed. The owner, lessee or occupant giving permission for any of the purposes stated above shall not be liable for any injury to any person or property caused by the negligent acts of any person to whom permission is granted. This section shall not limit the liability which would otherwise exist for willful and malicious failure to guard, or to warn against a dangerous condition, use, structure or activity, or for injury suffered in any case where permission to hunt, fish, trap, camp or hike was granted for a consideration other than the consideration, if any, paid to said owner, lessee or occupant by the state. The word “premises” as used in this section includes lands, private ways and any buildings and structures thereon. Nothing in this section limits in any way any liability which otherwise exists. History: 1968 H 334, *29, EFF. 6-13-68