THIS DOCUMENT LIMITS AND WAIVES IMPORTANT RIGHTS OF THE PERSON WHO SIGNS IT. READ IT COMPLETELY BEFORE SIGNING. THIS AGREEMENT SHALL BE IN EFFECT FROM THE DATE OF EXECUTION AND SHALL BE APPLICABLE TO EACH AND EVERY OCCASION THAT THE UNDERSIGNED IS PRESENT AT RENDEZVOUS GUN RANGE AT ALS.
Release of Liability
In consideration for being permitted by "Rendezvous Gun Range at Al's" to use its facilities, now and at any time in the future, I hereby agree that I, my assignees, spouses, parents, heirs, successors, legal representatives, and any and all other persons or entities who may claim by or through me in any way or manner, voluntarily promise never to sue, and forever, permanently, fully, and unconditionally release, acquit and discharge, Al's Sporting Goods, Inc. d.b.a. Rendezvous Gun Range at Al's, its present and former employees, instructors, owners, members, principals, subsidiaries, affiliates, directors, representatives, successors, predecessors, shareholders, partners, parents, officers, agents, assigns, servants, attorneys, insurers, suppliers, manufacturers, participants, and all other persons, firms, partnerships or corporations connected therewith (collectively referred to herein after as Rendezvous Gun Range at Al's and its affiliates) to the fullest extent permitted by law from any and all claims, charges, disputes, demands, suits, debts, causes of action, rights of action, sums of money, dues, accounts, fault, liabilities, expenses and damages, losses, absolute or contingent, that arise out of or relate in any way to my or any third parties participation in or presence at Rendezvous Gun Range at Al's. This release of liability shall include any and all injuries, death or damages caused wholly or partially by any negligent acts or omissions, howsoever caused, by Rendezvous Gun Range at Al's and its affiliates, and shall also include injuries, death or damages arising from any failure or defect in design of Rendezvous Gun Range at Al's (and its affiliates) equipment, products, ammunition, firearms, or its facilities and any materials sold, rented or otherwise provided to me by Rendezvous Gun Range at Al's. I fully understand that I am releasing important claims that I may have against Rendezvous Gun Range at Al's and its affiliates and that I have had a chance to consider carefully my releases and waivers and that I have done so voluntarily and without anyone coercing me or otherwise influencing me to do so.
Acknowledgement and Acceptance of Risk
I am aware that the use of firearms is a hazardous and dangerous activity. I acknowledge that my participation involves risks, and any of those known or unknown risks could result in serious personal injury, paralysis, or death, as well as damage to property belonging to myself or others. The risks include, but are not limited to: shooting myself or being shot by others, hearing loss, eye injuries and/or loss of eyesight, injuries to my hands or other body parts from handling firearms, mental and emotional trauma, physical pain and suffering, inhalation or contact with airborne hazardous contaminants including lead, ricochets and other flying debris, falls, malfunction of equipment, injury or death from falling objects, injuries from target carriers or their controls including, without limitation, possible electrocution. I hereby assume the risk of all personal injury or death (including at the hands of a third party), damage to property, and injury to third parties that arise out of or relate in any way to my past, present or future participation in or presence at Rendezvous Gun Range at Al's, and further agree that Rendezvous Gun Range at Al's and its affiliates have no duty to undertake first-aid or rescue operations or procedures in the event of any such physical or emotional injury or property damage. I acknowledge and understand that any such operations or procedures may result in compounded or increased damages or injuries. Furthermore in the event that any employee, officer, agent, representative, and/or contractor associated with Rendezvous Gun Range at Al's and its affiliates does attempt to undertake any first aid or rescue operations or procedures, I will not hold them culpable, responsible, or liable for any compounded or increased damages or injuries that may arise. With full knowledge of these risks, I voluntarily elect to use Rendezvous Gun Range at Al's in spite of these risks. I certify, acknowledge, agree to and verify these statements by placing my initials here:
I agree to indemnify, hold harmless, and defend Rendezvous Gun Range at Al's and its affiliates, from any and all claims, charges, disputes, demands, suits, debts, causes of action, rights of action, sums of money, dues, accounts, fault, liabilities, expenses and damages, losses, absolute or contingent, which arise from or may otherwise result in any manner from my presence at Rendezvous Gun Range at Al's and/or my use of Rendezvous Gun Range at Al's facilities, even if such actions, suits, claims, demands or expenses are due partially or wholly to negligent acts or omissions of Rendezvous Gun Range at Al's and its affiliates or the negligent or intentional acts of any third party.
Financial Responsibility for Injuries and Damages
I agree to be responsible for the full and complete cost of any injury or damage that I, or minors in my charge, may cause or suffer while using Rendezvous Gun Range at Al's facilities. I certify that I have adequate insurance to cover the cost of such injury or damages.
Medical and Mental Fitness
I certify that I have no medical, mental or physical condition which could or would make my use of Rendezvous Gun Range at Al's facilities unsafe for me or others. I understand that it is my responsibility to consult my doctor to determine that it is safe for me to participate in these activities. I am willing to fully assume and bear the costs of all risks, injuries, or damages that may arise directly or indirectly from my medical, mental or physical conditions that affect my participation at Rendezvous Gun Range at Al's.
Agreement to Abide by All Posted Rules and Verbal Instructions
I agree and understand that the opportunity to utilize Rendezvous Gun Range at Al's is contingent upon my acting in accordance with all rules and regulations applicable to Rendezvous Gun Range at Al's, including any verbal commands, directions or warnings given. I agree and understand my obligation to exercise care and caution when handling, using, loading, shooting, transporting, cleaning, assembling, inspecting, emptying, securing or otherwise using any type of firearm while at Rendezvous Gun Range at Al's and while on the property of Als Sporting Goods, Inc. I take full and complete responsibility for my actions and represent that I understand how to safely engage in the actions addressed herein. I certify that I am not prohibited by Federal or any State law from possessing firearems or ammunition. I understand that use of Rendezvous Gun Range at Al's is prohibited to anyone who is or has been drinking alcohol or who is otherwise under the influence of any drugs or medications that could impair judgment, sight or coordination. I certify that I have not been drinking alcohol or otherwise using any drugs or medications that could cause a safety issue to myself or others. If I am asked for any reason to leave Rendezvous Gun Range at Al's, I will do so promptly, safely and without any argument. I have read the following rules and will abide by them:
1. Listen and follow all commands of the Range Master.
2. Treat all firearms as if they are loaded. Always keep the barrel of your firearm pointed down range.
3. Eye and Ear protection must be worn by everyone in the range at all times. NO EXCEPTIONS.
4. Never let the muzzle of your firearm cover anything you are not willing to destroy or pay for. Firearms may be loaded and unloaded in shooting booths only.
5. Uncase and case your firearm at the shooting bench, never behind the safety line.
6. Any person that is pregnant or nursing may not enter the gun range at any time.
7. Always keep the firearms safety on and your finger off of the trigger until you intend to shoot.
8. Never remove a malfunctioning firearm from the shooting stalls. If a jam or other malfunction occurs, keep your firearm pointed down range toward bullet trap. Ask for assistance if needed.
9. No Food or drink is allowed in the range.
10. Be sure of your target. All bullets must be fired down range. Under no circumstances are the walls, ceiling, or the cross lanes to be fired at. Any bullet striking anything except the bullet trap will result in a $25 fee and the shooter may be asked to leave the range. Damage caused by stray bullets will be the responsibility of the shooter.
11. No person legally restricted from the use or possession of a firearm is allowed in the range.
12. No person under any circumstance is allowed to attempt or cause harm to himself/herself or any other person in this facility. If you are unsure of your mental condition, please do not attempt to enter the range.
13. Persons under the age of 18 must be accompanied by an adult at all times. Persons under the age of 8 will not be allowed in the range.
14. No steel jacketed or steel core ammunition is allowed. No black powder firearms may be used in the Rendezvous Gun Range.
15. Shooters ammunition and firearms are subject to inspection and approval by Rendezvous staff.
16. Do NOT cross the firing line for any reason, at any time.
17. Limit of two shooters per lane. NO EXCEPTIONS.
18. Do NOT pass firearms to other shooters. To trade firearms you must trade shooting lanes leaving firearms in their original location.
19. You will be charged for any costs that are incurred due to negligence and/or failure to follow range rules.
20. No persons under the influence of alcohol or any substance that may impair their mental or physical facilities are allowed in the range, and will be asked by Rendezvous staff to leave the building.
I agree that any lawsuit between me and Rendezvous Gun Range at Al's and its affiliates must be filed in the State of Utah, Cache County, and I further agree that the substantive laws of Utah shall apply in any such action, without regard to the conflict of laws rules of any other state. This agreement is intended to be as broad and inclusive as is permitted by the laws of the state of Utah. Any phrase, clause or provision of this document that is declared invalid, prohibited, or unenforceable by a court of competent jurisdiction or arbitrator, such phrase, clause or provision shall be deemed severed from this Agreement, but will not affect any other provision of this Agreement, which shall otherwise remain in full force and effect.
I have carefully read this agreement, and fully understand its content. I am aware that this is a release of liability and a contract between me and Rendezvous Gun Range at Al's and its affiliates, Inc. I sign it of my own free will, and I agree on behalf of myself and my assignees, spouses, parents, heirs, successors, legal representatives, and any and all other persons or entities who may claim by and/or through me to be bound at all times by its terms.
I HEREBY ACKNOWLEDGE (1) THAT THIS DOCUMENT IS ELECTRONICALLY SIGNED IN ACCORDANCE WITH UTAH CODE ANN. 46-4-201 AND (2) THAT THIS DOCUMENT IS VALID AND MAY BE ENFORCED IN THE SAME MANNER AS A HAND-SIGNED DOCUMENT THAT EXISTS IN PHYSICAL FORM. I ALSO EXPRESSLY ACKNOWLEDGE THE VALIDITY OF THE ELECTRONIC SIGNATURE APPENDED TO THIS DOCUMENT, WHICH WAS MADE BY ME ON THE DATE THIS FORM WAS ELECTRONICALLY SUBMITTED. I FURTHER AGREE THAT I HAVE KNOWINGLY AND EXPLICITLY WAIVED ANY RIGHT TO CLAIM THIS DOCUMENT IS INVALID OR IS UNENFORCEABLE BASED ON (1) THE FACT THAT THIS DOCUMENT EXISTS IN ELECTRONIC FORM OR (2) THE FACT THAT THIS DOCUMENT IS SIGNED ELECTRONICALLY
March 29, 2020