I, being the authorized legal representative of and having the authority to execute this Release and Waiver on behalf of the club, do hereby release, acquit and discharge the Commonwealth of Massachusetts, acting by and through the Division of Fisheries and Wildlife within the Department of Fish and Game and its officers, employees and agents (Commonwealth), from any and all claims and demands of whatever nature arising out of the club’s participation in the Massachusetts Hunting Programs.
I hereby further covenant and agree on behalf of the club, that the club shall indemnify and hold harmless the Commonwealth from and against any and all claims, liabilities and costs for any personal injury, death, property damage or other damages or loss that arise directly or indirectly out of or in connection with the club’s participation in the Massachusetts Hunting Programs, including but not limited to the club’s negligence, reckless or intentional conduct. The club shall at no time be considered an agent or representative of the Commonwealth. After prompt notification of a claim by the Commonwealth, the club shall have an opportunity to participate in the defense of such claim and any negotiated settlement agreement or judgment. This hold harmless and indemnity agreement shall include indemnity of the Commonwealth against all costs, expenses and liabilities incurred in connection with any such injury, death, loss or damage or in defense of any claim or claims on account thereof, including reasonable attorney’s fees.