This Participant Agreement is hereby made by and between Shoot Indoors Broomfield, Shoot Indoors Buckley, and Shoot Indoors Franchising LLC, all Colorado Limited Liability Companies (hereinafter Shoot Indoors), and any person, individual, group, or entity (hereinafter a Participant or Participants) who uses, visits, observes, and/or tours the Shoot Indoors Facilities and Activities (hereinafter defined).
Shoot Indoors, located at 1 Park Street, Broomfield, Colorado and 1310 S Abilene St, Aurora, Colorado, and its affiliated locations offer a venue for a variety of live-fire activities using firearms, force, alternative force and other lethal and non-lethal weapons, including: a shooting range, firearmrentals, instructional classes, contests, tournaments, and other events involving various techniques of practical firearms use (collectively, the Shoot Indoors Facilities and Activities).
The Shoot Indoors Facilities and Activities involve the discharge of firearms, and may include use of alternative force, discharge of simulated ammunitions and use of other weapons by the class members and instructors in various situations including simulated combat situations.
The Shoot Indoors Facilities and Activities possess inherent dangers for the Participants and their property including, but not limited to: death; self-inflicted personal injuries; personal injuries caused by other persons and Participants; and exposure to potentially hazardous substances including solvents, smoke, and lead.
Having first acknowledged such inherent risks and dangers associated with the Shoot Indoors Facilities and Activities, each Participant assumes such risks and dangers and wishes to use and participate in the Shoot Indoors Facilities and Activities.
TERMS AND CONDITIONS
NOW, THEREFORE, in consideration of the foregoing recitals and of the conditions, covenants and agreements set forth below, the amount and sufficiency of which are hereby acknowledged, Shoot Indoors and the Participant agree as follows:
IT IS UNDERSTOOD AND AGREED that this Participant Agreement, its Covenant Not to Sue and its Release are part of the consideration from the Participant to Shoot Indoors for the privilege of using and participating in Shoot Indoors Facilities and Activities. Participant hereby agrees that Participant is aware that there will be Shoot Indoors personnel and other Participants simultaneously using and participating in Shoot Indoors Facilities and Activities. Participant assumes any and all risks of personal injury and/or property damage from other Participants, and releases Shoot Indoors from any claim that its employees or agents are or may have been negligent in connection with Participants experience or ability, including but not limited to selection of firearms, ammunition, leather, gear, edged weapons or accessories while using and participating in Shoot Indoors Facilities and Activities.
Participant agrees to inspect Participants firearms, ammunition and other equipment and thereby to be assured that such firearms, ammunition, and other equipment are in safe and operable condition. Participant agrees to use proper safety equipment including eye protection and hearing at all times while using and participating in Shoot Indoors Facilities and Activities. Participant further agrees to obey all laws, ordinances, and Shoot Indoors rules and regulations applicable to using and participating in Shoot Indoors Facilities and Activities and any other generally accepted rules of safety and behavior for this type of activity.
Participant expressly agrees that this Participant Agreement is governed by the laws of the State of Colorado and is intended to be as broad and inclusive as is permitted by Colorado law. This Participant Agreement is enforceable and entered into in Broomfield County, Colorado. Participant agrees that the jurisdiction for any alleged action arising out of the activities and hazards discussed herein will be brought in Broomfield County, Colorado. Participant agrees that by signing this Participant Agreement on behalf of a minor, any minor claims will be bound to the jurisdiction of Broomfield County, Colorado. This Participant Agreement shall be binding on Participants heirs, successors, assigns, related parties, and spouses to the fullest extent possible under Colorado law. If any provision, term or condition of this Participant Agreement shall be judicially determined to be invalid, the other portions of this Participant Agreement shall nevertheless continue in full force and effect. PARTICIPANT UNDERSTANDS THIS IS THE ENTIRE AGREEMENT BETWEEN PARTICIPANT AND SHOOT INDOORSand that it cannot be modified or changed in any way by the representations or statements of any Shoot Indoors employees or personnel, or by Participant.
Participant voluntarily assumes all risk and danger of injury or death inherent in the use of force, or any firearm, ammunition, edged weapons or other equipment provided to or used by the Participant. PARTICIPANT ACKNOWLEDGES THAT THIS IS A CONTRACT AND AGREES THAT IF A LAWSUIT IS FILED AGAINST SHOOT INDOORS OR ITS OWNERS, EMPLOYEES, AGENTS, SUBSIDIARIES, OR AFFILIATES,FOR ANY INJURY OR DAMAGES IN BREACH OF THIS CONTRACT, THE UNDERSIGNED PARTICIPANT WILL PAY ALL ATTORNEYS FEES AND LITIGATION COSTS INCURRED BY SHOOT INDOORS IN DEFENDING SUCH ACTION.
I AgreeAugust 10, 2020
HOLD HARMLESS CLAUSE
Participant hereby agrees and understands that he is using and participating in Shoot Indoors Facilities and Activities under the express condition that Shoot Indoors is free from any and all liability and claims for damage by reason of ANY INJURY to any person or persons, including Participant or property of any kind whatsoever, and to whomsoever belonging, including Participant, from any cause or causes whatsoever while engaged in using and participating in Shoot Indoors Facilities and Activities.
Participant hereby promises and agrees to indemnify and hold Shoot Indoors harmless from all liability, loss, costs and obligation of any and every kind on account of, or arising out of, any such injuries or losses, however occurring, during the period that the Participant is engaged in using the shooting range, renting a firearm, receiving a course of instruction, participating in the event, or visiting, observing or touring the training or facilities.
I AgreeAugust 10, 2020
COVENANT NOT TO SUE
Participant hereby promises and agrees that neither Participant nor Participants heirs, successors, spouse, children, estates, personal representatives, or any other person or entity, will ever institute any action or suit at law or in equity against Shoot Indoors nor institute, prosecute, or in any way aid in the institution or prosecution of any claim, demand, action or cause of action for damages, costs, loss of services, expenses or compensation for or on account of any damage, loss or injury either to person or property, or both, resulting or to result, past, present or future arising out of the privilege of using and participating in Shoot Indoors Facilities and Activities.
I AgreeAugust 10, 2020
In addition to the foregoing Participant Agreement, Hold Harmless Clause, and Covenant Not to Sue, I, the undersigned, hereby RELEASE and forever discharge Shoot Indoors, its successors, and assignees from each and every right and claim which I now have, or may later have, on account of any injuries, damages to person or property, illness or conditions associated with lead exposure that I may sustain as a result of using and participating in Shoot Indoors Facilities and Activities, whether or not arising from the negligent acts or omission of Shoot Indoors or its agents, employees, officers, directors, independent contractors, or volunteers.
I specifically release and forever discharge Shoot Indoors, its successors, and assigns on account of any injuries, damages to person or property, or illness that I may sustain as the result of any equipment, facility, weapon, gear or ammunition malfunction or failure.
IT IS MY INTENTION by signing this Participant Agreement to bar me forever from suing and to release Shoot Indoors even as to injuries, damages, to person or property, and illnesses, rights and claims not mentioned here or not presently known to me.
I make each and all of the above statements and I intend that the parties with whom I am agreeing, holding harmless, promising not to sue, and releasing, and each of them, jointly and severally, shall rely only on the statements as the truth.
I understand that signing this document may prevent me from instituting any suit, or asserting any claim or right I may have for damages now or in the future as a result of using the shooting range, participating in a course of instruction, participating in an event, or visiting, observing or touring the training or facilities.
I HAVE READ THIS DOCUMENT. I UNDERSTAND THAT IT IS A PROMISE NOT TO SUE AND A RELEASE AND INDEMNITY FOR ALL CLAIMS. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT, I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGE. I SPECIFICALLY AND KNOWINGLY AGREE THAT I EXPRESSLY AND IRREVOCABLY INTEND TO RELEASE SHOOT INDOORS, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,SUBSIDIARIES, AFFILIATES AND VOLUNTEERS FROM THEIR OWN NEGLIGENCE.
I ACKNOWLEDGE THAT THIS DOCUMENT IS A CONTRACT AND AGREE THAT IF A LAWSUIT IS FILED AGAINST SHOOT INDOORS OR ITS OWNERS, EMPLOYEES, AGENTS, SUBSIDIARIES, OR AFFILIATES,FOR ANY INJURY OR DAMAGES IN BREACH OF THIS CONTRACT, THE UNDERSIGNED WILL PAY ALL ATTORNEYS FEES AND COSTS INCURRED BY SHOOT INDOORS IN DEFENDING SUCH ACTION.
I AgreeAugust 10, 2020