NOTICE: THIS IS A LEGALLY BINDING DOCUMENT. BY SIGNING THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO BRING A COURT ACTION TO RECOVER COMPENSATION OR OBTAIN ANY OTHER REMEDY FOR INJURIES TO YOURSELF AND/OR YOUR PROPERTY ARISING OUT OF YOUR PRESENCE AT THE EVENT AND/OR ANY FACILITIES OR EQUIPMENT AT THE EVENT NOW OR ANY TIME IN THE FUTURE.
I hereby acknowledge that I have voluntarily requested to engage in or to observe shooting and other activities at the Event, hosted by Willie Limited Partnership, Rhynard & Rodriguez Investments, LLC d/b/a Manchaca Suppressors & Rifle Works, and Eltiste Stamp Acquisitions, LLC d/b/a Capitol Armory, and offered with the support of various Event facilitators including without limitation manufacturers, vendors, suppliers, and third-party service providers (all the aforementioned parties collectively, “Host”). I further acknowledge and understand that “shooting and other activities” includes any and all activities of any kind whatsoever in which I engage or observe while at the Event, regardless of whether such activities are sponsored by the Host, or by any other person or entity. I acknowledge and understand that SHOOTING ACTIVITIES ARE INHERENTLY HAZARDOUSand involve both known and unanticipated risks which could result in damage or destruction of property and physical or emotional injury, including paralysis or death, of myself or of other persons. The risks include but are not limited to: being shot by or shooting myself or others; partial or total loss of eyesight or hearing; inhalation or other harmful contact with lead or other contaminants; and being struck by flying or falling objects. I understand that such risks cannot be eliminated without compromising the essential qualities of shooting activities. I further acknowledge and understand that the nature and condition of the Host facilities, premises, and environment is such that both known and unanticipated hazards exist which create or contribute to both known and unanticipated risks inherent in entering onto the Host property, in using the Host facilities, and in engaging in or observing any activities of any kind whatsoever while at the Event.The hazards include but are not limited to: slippery, loose, or falling soil and rocks; unimproved, unmaintained, or uneven terrain, walkways, steps, and roads; poisonous or dangerous plants, reptiles, insects, and other animals; and falling trees and tree branches. I understand that such hazards and risks cannot be eliminated without compromising the essential qualities of the Host facilities, premises, and environment. I further acknowledge and understand that neither Host nor any other person or entity have any duty to undertake first aid or rescue operations or procedures in the event any such property damage or physical or emotional injury occurs, and that any such operations or procedures may result in compounded or increased damages or injuries. I further acknowledge and understand that neither Host nor any other person or entity make any warranty as to the design, manufacture, maintenance, condition, or fitness for any particular purpose of any of the facilities or equipment at the Event, including but not limited to: firearms; ammunition; eye/hearing protection; food and beverages; and/or first aid supplies.
Now therefore, as lawful consideration for being permitted by Host, and any other person or entity to enter onto the Host property, to use the facilities or equipment at the Event, and to engage in or observe shooting and other activities at the Event, I hereby agree as follows:
- Voluntary Assumption of Risk.I EXPRESSLY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS EXISTING AT THE EVENT, including but not limited to: entering onto the Host property; using the facilities or equipment at the Event; engaging in or observing shooting and other activities at the Event; and/or loss of personal property through misplacement, loss, or theft while at the Event. I agree to assume all responsibility and liability for any act(s) – even any negligent, reckless, or criminal act(s) or omission(s) to act – of myself and any minor(s) that I have brought to the Event (each, a “Minor”). I further agree that I will ensure that each Minor carefully reads and then signs an Acknowledgement of Risk, Release, Waiver of Liability, Indemnification Agreement, Publicity Release, and Covenant Not to Sue.
- Compliance with Rules. I agree to abide by all rules at the Event and to ensure that each Minor does so as well.
- Release and Covenant Not to Sue. I, for myself and my next of kin, spouse, partner, heirs, guardians, representatives, agents, assigns, beneficiaries, executors, and administrators, DO HEREBY RELEASE AND FOREVER DISCHARGE AND AGREE NOT TO SUE Host, including any of their officers, directors, managers, members, shareholders, employees, contractors, agents, representatives, insurers, and attorneys, or any other person or entity at the Event, including any of their officers, directors, managers, members, shareholders, employees, contractors, agents, representatives, insurers, and attorneys, from and against any and all claims, demands, damages, expenses, causes of action, attachments of property, or liability of any kind whatsoever, that I, my next of kin, spouse, partner, heirs, guardians, representatives, agents, assigns, beneficiaries, executors, and administrators may have for property damage, personal injury, or death resulting, directly or indirectly, partially or wholly, from me or any Minors entering onto the Host property, using the facilities or equipment at the Event, or engaging in or observing shooting and other activities at the Event, even if such claims, demands, damages, expenses, causes of action, attachments of property, or liability result, directly or indirectly, partially or wholly, from any act(s), even any negligent act(s) or omission(s) to act, including negligent or omitted first aid or rescue operations or procedures, by the Host, or by any other person or entity.
- Indemnification. I, for myself and my next of kin, spouse, partner, heirs, guardians, representatives, agents, assigns, beneficiaries, executors, and administrators, do hereby agree to indemnify and hold harmless Host, including any of their officers, directors, managers, members, shareholders, employees, contractors, agents, representatives, insurers, and attorneys, and any other person or entity at the Event, including any of their officers, directors, managers, members, shareholders, employees, contractors, agents, representatives, insurers, and attorneys, from and against any and all claims, demands, damages, expenses, causes of action, attachments of property, or liability of any kind whatsoever, including reasonable attorneys’ fees and costs, that I, my next of kin, spouse, partner, heirs, guardians, representatives, agents, assigns, beneficiaries, executors, and administrators, any Minors, or anyone else, may have for property damage, personal injury, or death, whether suffered by me, by any Minors or other persons that I have brought to the Event, or by anyone else, resulting, directly or indirectly, from me or any Minors or other persons that I have brought to the Event entering onto the Host property, using the facilities or equipment at the Event, or engaging in or observing shooting and other activities at the Event, even if such claims, demands, damages, expenses, causes of action, attachments of property, or liability result, directly or indirectly, partially or wholly, from any act(s), even any negligent act(s) or omission(s) to act, including negligent or omitted first aid or rescue operations or procedures, by the Host, or any other person or entity.
- Publicity Release. I hereby grant to Host, and their assigns, licensees, successors in interest, legal representatives, and heirs, the irrevocable right to use and exploit: (i) photograph(s) of me captured by Host or their agents (“Photos”); (ii) my image and voice portrayed or recorded on the videos obtained by Host or their agents (“Videos”); and/or (iii) my name, portrait, likeness, and the transcript of any statements I have made on such Videos (“Likeness”) made in conjunction with the Event, in all forms and in all media and in all manners now known or hereafter created, including any composite or distorted representations of the same, for Host’s advertising, marketing, promoting, trade, branding, selling, endorsing, and/or any other lawful purposes. I waive any right to inspect or approve the Photos, Videos, Likeness, or printed or electronic matter that may be used in conjunction with them, now or in the future, whether that use is known to me or unknown. I also agree to waive any right to royalties or other compensation arising from or related to the use of the Photos, Videos, or Likeness.
- General. I acknowledge and agree this Agreement shall interpreted and enforced under the laws of the State of Texas, without regard for the conflict of law rules. I agree that exclusive jurisdiction and venue for any action arising under the Agreement shall be in the courts located in Hays County, Texas. This Agreement is intended to be as broad and inclusive as permitted by law, and if any provision or portion is held to be invalid, void, or otherwise unenforceable, I agree and intend that the remaining provisions or portion will continue and remain in full legal force and effect. This Agreement may be amended or modified only by a writing signed by me and by an authorized agent of Host. The section headings in this Agreement are intended for convenience and reference only, and are not intended to define, limit, or describe the scope or intent of any provisions of this Agreement. and I further acknowledge and agree that it is my understanding and intent that this Agreement, and any signed written amendments or modifications to it, will remain in full force and effect from the date of execution and ever after and shall be binding upon me and my next of kin, spouse, partner, heirs, guardians, representatives, agents, assigns, beneficiaries, executors, and administrators.
I have carefully read this Acknowledgement of Risk, Release, Waiver of Liability, Indemnification Agreement, Publicity Release, and Covenant Not to Sue and fully understand its contents. I acknowledge that no other inducement, assurance, or guarantee has been made to me in consideration of my signing this Agreement, and that I have not relied upon any statements or representations outside of this written Agreement. I sign voluntarily, knowingly, and of my own free will. I UNDERSTAND THAT BY SIGNING BELOW, I AM GIVING UP SUBSTANTIAL RIGHTS, THAT I AM AGREEING NOT TO SUE THE HOST AND ALL OTHERS, AND I AM RELEASING AND HOLDING HARMLESS THE HOST AND ALL OTHERS FROM ALL LIABILITY.
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