RECREATIONAL ACTIVITIES AGREEMENT, RELEASE, AND INDEMNITY
In consideration of the privilege of entering upon the property known as the Arena Gun Club located at 6501 Arena Blvd., Suite 106A, Laredo, Webb County, Texas 78041 (collectively, the “Property”), at the invitation of with the permission of Arena Gun Club, LLC, a Texas limited liability company (“Arena Gun Club” and together with its owners, parents, and subsidiaries and each of the respective officers, directors, managers, employees, attorneys, agents and contractors of Arena Gun Club, its parent and its subsidiaries, collectively, “Arena Gun Club”), to participate thereon in the discharge of firearms, engagement in archery, and other related activities involving firearms, bows, and crossbows (collectively, the “Activities”), I, the undersigned, on behalf of myself, my heirs, legal representatives and assigns (the “Participant”), hereby voluntarily and knowingly enter into this agreement (this “Agreement”) with Arena Gun Club and acknowledge and agree to the following:
1. I understand and acknowledge that the use of firearms, bows, and crossbows, and being in the vicinity of others who are using firearms, bows, and crossbows are inherently dangerous activities that may cause serious injury and/or death, including but not limited to dangers arising from the use of or exposure to firearms, ammunition, arrows, vehicles, and any other devices used for discharging a firearm, bow, or crossbow, or for any other activity involving the use of firearms, bows, crossbows, or dangerous weapons. I further understand, acknowledge and accept the “AS-IS” conditions and risks pertaining to the Property including express acknowledgement and agreement to (without limitation) the following: (1) the Property is open to the public and others may be discharging firearms, bows, and crossbows on the Property; (2) bays for the use of discharging firearms are non-exclusive; (3) bays for the use of discharging bows and crossbows are not enclosed; (4) the Property may have a variety of wear-and-tear or other conditions that constitute dangerous or unexpected conditions on the Property, including slip or trip hazards; (5) the concurrent engagement in Activities by others at the Property may create safety hazards; (6) other persons, including trespassers and persons with firearms, bows, or crossbows both on or off the Property, may be present and my Activities must be conducted in a careful and prudent manner with due regard for the safety and wellbeing of myself and other persons; and (7) the acts or omissions (including active or passive negligence) of Arena Gun Club may result in my experiencing losses, damages, or bodily injury, including death.
2. DISCLAIMER. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT TO THE CONTRARY, I AGREE AND ACKNOWLEDGE THAT ARENA GUN CLUB HAS NOT MADE, IS NOT MAKING, AND SPECIFICALLY DISCLAIMS ANY REPRESENTATION, WARRANTY, OR COVENANT OF ANY KIND OR CHARACTER WHATSOEVER, EXPRESSED OR IMPLIED, ORAL OR WRITTEN, PAST OR PRESENT AS TO OR WITH RESPECT TO THE CONDITION, QUALITY, DURABILITY, DESIGN, OPERATION, FITNESS FOR USE OR SUITABILITY OF THE PROPERTY, OR ANY PART THEREOF, IN ANY RESPECT WHATSOEVER; NOR DOES ARENA GUN CLUB MAKE ANY OTHER REPRESENTATIONS, WARRANTIES, OR COVENANTS OF ANY KIND, CHARACTER OR NATURE, EXPRESSED OR IMPLIED WITH RESPECT TO THE PROPERTY, WHICH PROPERTY IS EXPRESSLY ACCEPTED "AS IS", "WHERE IS" AND "HOW IS" WITH ALL CONDITIONS, FAULTS AND DEFECTS, PRESENTLY KNOWN OR UNKNOWN, IF ANY.
3. ASSUMPTION OF RISK. I agree that I have voluntarily elected to enter upon the Property, appreciating that the condition of the Property may be hazardous or dangerous either with regard to the physical condition of the Property, including but not limited to any patent or latent premises defect, the conduct of firearm, bow, and crossbow use and discharge, as well as related activities transpiring on it, and the use of live ammunition on the Property. Accordingly, I acknowledge that entering the Property and engaging in the Activities contemplated on the Property may be VERY DANGEROUS and could result in personal injury, death, and property damage. Nevertheless I expressly and contractually assume any and all known and unknown risks, premises defects and dangers associated with or arising out of entering the Property and engaging on the Property in the Activities contemplated by the permission granted in this agreement, including the risks and dangers arising from any condition or premises defect of the Property or improvements on the Property and from the fact that others concurrently on the Property, having varying and mixed levels of skill and experience, will be likewise engaged in such activities on the Property.
4. RELEASE. I do hereby waive, relinquish, release, discharge, and forgive any and all causes of action, claims, suits, choses in action, rights, demands, remedies, losses, damages, expenses, attorney’s fees, other fees, charges and costs, whether known or unknown, anticipated or unanticipated, accrued or accruing, contingent or absolute, including but not limited to any and all claims or causes of action for breach of warranty, premises liability, negligence, fraud, gross negligence, willful or wanton conduct and/or punitive damages, that I do, may, or could have, assert, prosecute, institute, file or refile against Arena Gun Club, their successors, assigns and insurers arising out of, resulting from or in any way connected with any occurrence (or condition) in, upon, or at the Property, or my occupancy or use of the Property or any part of the Property, or my conduct, or Arena Gun Club’s conduct, or the conduct of any other person on the Property, or occasioned wholly or in part by any act or omission by me or by Arena Gun Club (collectively, the “Released Claims”). This release applies during the entire time and any time that I am on the Property as well as in transit to and from the Property regardless of whether transportation is provided by Arena Gun Club. I hereby further covenant and agree that neither me nor any of my heirs, successors or assigns shall make any claim or institute any suit or action at law or in equity against Arena Gun Club by reason of any of the Released Claims.
5. INDEMNITY. I, FOR MYSELF, MY HEIRS, EXECUTORS AND ADMINISTRATORS AGREE TO INDEMNIFY, DEFEND, HOLD AND SAVE ENTIRELY HARMLESS ARENA GUN CLUB, THEIR SUCCESSORS AND ASSIGNS AND INSURERS (COLLECTIVELY THE "INDEMNITEES") AND THE PROPERTY FROM AND AGAINST ANY AND ALL SUITS, PROCEEDINGS, CLAIMS, CAUSES OF ACTION (INCLUDING CLAIMS OR CAUSES OF ACTION FOR BREACH OF WARRANTY, CONTRIBUTORY OR SOLE, ACTIVE OR PASSIVE, NEGLIGENCE, GROSS NEGLIGENCE, PREMISES LIABILITY OR STRICT LIABILITY, FRAUD, WILLFUL OR WANTON CONDUCT), AWARDS (INCLUDING ANY PUNITIVE AWARDS), DAMAGES (INCLUDING ANY CLAIM FOR PROPERTY DAMAGE AND/OR INJURY TO PERSONS, INCLUDING DEATH AND DISEASE), DECREES, JUDGMENTS, LIABILITIES, LIENS, LOSSES, FINES, DEMANDS AND ANY AND ALL COSTS, EXPENSES, ATTORNEY'S FEES AND ANY FEES, CHARGES AND EXPENSES OF ANY EXPERT WITNESSES OR PROFESSIONALS INCURRED BY THE INDEMNITEES (INCLUDING ANY SUCH COSTS, EXPENSES, FEES, AND CHARGES INCURRED IN THE ENFORCEMENT OF THIS INDEMNIFICATION) ARISING OUT OF, RESULTING FROM, RELATED TO, OR IN ANY WAY CONNECTED WITH ANY KIND OF INJURY TO ME, INCLUDING DEATH, PROPERTY DAMAGE, OR ANY OTHER INJURY OR DAMAGE, WHICH ARE BROUGHT BY, OR ON BEHALF OF, ME OR ANY OF MY HEIRS, SUCCESSORS OR ASSIGNS, AND WHICH IN ANY WAY ARISE OUT OF OR ARE CONNECTED WITH MY PRESENCE ON THE PROPERTY, MY PARTICIPATION IN THE ACTIVITIES DESCRIBED ABOVE, MY USE OF THE EQUIPMENT (AS DEFINED BELOW) ON THE PROPERTY, OR MY TRANSIT TO AND FROM THE PROPERTY REGARDLESS OF WHETHER TRANSPORTATION IS PROVIDED BY ARENA GUN CLUB. IT IS THE EXPRESS INTENTION OF THE PARTIES TO THIS AGREEMENT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH INCLUDES MY OBLIGATION TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE INDEMNITEES FOR THEIR OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS THE SOLE OR CONCURRING CAUSE OF THE INJURY, DEATH, OR DAMAGE.
6. I further represent, warrant, and acknowledge—
a. I am familiar with or, prior to entry on the Property, will make myself familiar with all laws, rules, and regulations of the Property, Webb County, the State of Texas, and the United States of America pertaining to the Activities.
b. I am not relying on Arena Gun Club to educate me on any law, rule, or regulation pertaining to the Activities.
c. I was not offered the use or benefit of the Property, equipment, firearms, ammunition, bows, crossbows, arrows, or any other equipment, tools, or items involved in the Activities (“Equipment”). Rather, any such use or benefit derived from the Equipment was solely at my insistence. I have fully inspected the Equipment and accept their condition “AS IS,” “WHERE IS,” and “HOW IS” with all conditions, faults, and defects, presently known or unknown, if any.
d. I am an experienced shooter and am familiar with Equipment used in the Activities, as well as the rules and principles of safety in engaging in the Activities. I fully appreciate the VERY HIGH risks associated with engaging in the Activities and assume such risks as set out in this Agreement. I am engaging in the Activities voluntarily and at my own request.
e. I am in good health and proper physical condition and do not have any mental or physical conditions or impairment that would preclude or hinder my ability to safely participate in the Activities. In the event my physical or mental condition changes, I will voluntarily and immediately discontinue participation in the Activities.
f. I have read this Agreement in its entirety and fully understand its contents. I execute this Agreement voluntarily and of my own free will and accord.
g. I understand that from time to time Arena Gun Club may take photographs and video of me, which may include images of myself, and with other customers and employees of Arena Gun Club. By signing this Agreement, I agree to Arena Gun Club’s use of my image in its photographs and video; in its advertising and promotional materials, including print, signage, broadcast, social media posts, videos, and YouTube videos made available on the Internet for viewing by the general public; and in any such advertising and promotional materials. I further agree by signing this Agreement that I make no claims to ownership of images of me, which shall be the sole and exclusive property of Arena Gun Club.
h. Unless I specifically deny the use and access of my information for the purpose of automatic marketing text messages by checking the box below, I authorize Arena Gun Club to send automatic marketing text messages to me at the phone number I have provided and marketing e-mails at the email address I have provided. All automatic marketing text messages will be sent by Arena Gun Club from (956) 790-8064. All marketing e-mails will be sent by Arena Gun Club from email@example.com. I may opt out at any time by texting “STOP” to (956) 790-8064 or by e-mailing firstname.lastname@example.org.
I have the right and, by initialing below, hereby do deny Arena Gun Club authorization to send automatic marketing text messages to me.
I have the right and, by initialing below, hereby do deny Arena Gun Club authorization to send marketing e-mails to me.
7. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the parties to this Recreational Activities Agreement, Release, and Indemnity have executed this Agreement to be effective as of the Effective Date.
By signing below, I acknowledge that I have read, understand, and voluntarily execute this Recreational Activities Agreement, Release and Indemnity and intend that me and my heirs, legal representatives, and assigns be bound by it.
Dated and signed this day of June 2, 2023, (the "Effective Date")