Risk, Release & Indemnity Agreement
POWAY WEAPONS & GEAR INC.
I hereby acknowledge that I have voluntarily applied to enter on to and to engage in or to observe shooting and other activities at the Poway Weapons & Gear shooting range (the "RANGE" or PWGR). 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 RANGE, regardless of the sponsoring party
I ACKNOWLEDGE AND UNDERSTAND THAT SHOOTING ACTIVITIESARE INHERENTLY HAZARDOUS and 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 RANGE 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 on to the RANGE, in using RANGE facilities and in engaging in or observing any activities of any kind whatsoever while at the RANGE.
I FURTHER ACKNOWLEDGE AND UNDERSTAND THAT POWAY WEAPONS & GEAR RANGE (PWGR) has no 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 ACKNOWLEDGEAND UNDERSTAND THAT PWGR makes no warrant as to the design, manufacture, maintenance, condition or fitness for any particular purpose of any RANGE facilities or equipment, including, but not limited to: firearms, ammunition, eye/hearing protection, and first-aid supplies.
As lawful consideration for being permitted by PWGR to enter on to the RANGE, to use RANGE facilities or equipment and to engage in or observe shooting and other activities at the RANGE, as either a Member or a Guest, I agree as follows:
I EXPRESSLY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS EXISTING ON THE RANGE AND IN ENTERING ON TO THE RANGE AND IN USING RANGE FACILITIES OR EQUIPMENT AND IN ENGAGING IN OR OBSERVING SHOOTING AND OTHER ACTIVITIES AT THE RANGE.
I AGREE to assume all responsibility and liability for any act or acts, even any negligent, reckless or criminal act or omission to act, of my Guests at the RANGE (I understand that my Guests" includes any and all persons who are not a Member of PWGR who enter on to the RANGE, use the RANGE facilities or engage in or observe shooting and other activities at the RANGE as a result of my express invitation, permission or consent). I agree that I will ensure that each of my Guests read and sign an RISK, RELEASE & INDEMNITY AGREEMENT."
I AGREE to abide by all PWGR and RANGE Rules, and to ensure that my Guests do so as well.
I AGREE that I, my next of kin, heirs, guardians, representatives and assigns HEREBY RELEASE AND FOREVER DISCHARGE AND AGREE NOT TO SUE PWGR or its assigns (I understand that "PWGR" includes any and all officers, directors, attorneys, agents, employees, contractors, volunteers, guests and affiliated individuals or organizations of PWGR) 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, heirs, guardians, representatives or assigns may have, including but not limited to, property damage, personal injury or death resulting from me or my Guests entering on to the RANGE, using RANGE facilities or equipment, or engaging in or observing shooting and other activities at the RANGE, even if such claims, demands, damages, expenses, causes of action, attachments of property, or liability result partially or wholly from any act or acts, even any negligent act or omission to act, including negligent or omitted first-aid or rescue operations or procedures, by Poway Weapons & Gear (PWGR).
I AGREE that I, my next of kin, heirs, guardians, representatives and assigns HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS PWGR 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, heirs guardians, representatives or assigns, my Guests, or anyone else, may have, including but not limited to property damage, personal injury or death, whether suffered by me, by my Guests, or by anyone else, resulting from me or my Guests entering on to the RANGE, using RANGE facilities or equipment, or engaging in or observing shooting and other activities at the RANGE, even if such claims, demands, damages, expenses, causes of action, attachments of property, or liability result partially or wholly from any act or acts, even any negligent act or omission to act, including negligent or omitted first-aid or rescue operations or procedures, by PWGR.
I ACKNOWLEDGE AND AGREE that this Agreement shall be interpreted and enforced under the laws of the State of California, and that the venue for any action or proceeding shall be the State of California, without regard for the conflict of law rules of the State of California.
I AGREE that any action at law (including arbitration) requiring PWGR to enforce or interpret the terms of this agreement, PWGR will be entitled to reasonable attorneys fees, cost, and to any other relief to which PWGR may be entitled.
I FURTHER ACKNOWLEDGE AND AGREE that this Agreement is intended to be as broad and inclusive as permitted by law, and that if any provision or portion is held to be invalid, void or otherwise unenforceable, I agree and intend that the remaining provisions or portion shall continue and remain in full legal force and effect,
I FURTHER ACKNOWLEDGE AND AGREE that it is my understanding and intent that this Agreement, and any signed written amendments or modifications to it, shall remain in full force and effect from the date of execution and ever after and Shall be applicable to each and every occasion that I or my Guests enter on to the RANGE, use RANGE facilities or equipment or engage in or observe shooting and other activities at the RANGE.
I have carefully read this "Risk, Release & Indemnity Agreement and fully know its contents. I acknowledge that no other inducement, assurance or guarantee has been made to me in consideration of my signing this Agreement, which I sign voluntarily and of my own free will, I further acknowledge and agree that this Agreement may be amended or modified only by a writing signed by me and by an authorized agent of PWGR.
I UNDERSTAND THAT BY MY SIGNATURE I AM GIVING UP SUBSTANTIAL RIGHTS; THAT I AM AGREEING NOT TO SUE PWGR AND RELEASING AND HOLDING HARMLESS PWGR OF ALL LIABILITY.
Gun safety is important! Please read all of the following safety rules. Please understand that the strict enforcement of these rules is for your safety and the safety of those around you. Infractions of the safety rules can be cause for immediate dismissal from the facility and cancellation of membership or range time. There will be NO REFUNDS of money for customers that do not abide by the rules and have had their membership or range time revoked.
Basic Gun Safety Rules:
1. Consider all firearms to be loaded at all times. Keep the action open and the barrel pointed in a safe direction and
unloaded until ready to shoot.
2. Always keep your finger off the trigger and out of the trigger guard until ready to shoot.
3. Always keep the gun unloaded until ready to use.
4. Be sure the gun is safe to operate. If youre not sure, ask for assistance from the range staff.
5. Know how to use the gun safely. If youre not sure, ask for assistance from the range staff.
6. Use only the correct ammunition for your gun.
7. Know your target and surroundings at all times.
8. Wear appropriate eye and ear protection.
9. Never use alcohol or drugs before or while shooting.
10. Store guns so they are not accessible to unauthorized persons.
Additional Poway Weapons & Gear Range and Safety Rules
1. ABSOLUTELY NO LOADED FIREARM WILL BE ALLOWED TO ENTER OR EXIT THE FIRING RANGE FACILITY. All firearms
not on the firing line must be unloaded with their action open and the magazine removed, or unloaded and encased.
Exception: Sworn Law Enforcement or Concealed Carry Permit Holders whose weapons must remain holstered while not
on the firing line.
2. All shooters must complete the Poway Weapons & Gear Indoor Range Test, complete and sign the Waiver and Release
of Liability, as well as the Assumption of Risk and Indemnity agreement before using the range.
3. Commands issued by Range Officers and Range Personnel must be obeyed immediately and without question. The
Range Officer will have FINAL word in ALL matters. If the Range Officer feels that you are unfit to use the range for ANY
REASON, you will be denied access.
4. Do not load your weapon unless you are in the shooting stall (booth).
5. Do not exit the shooting stall (booth) with a loaded weapon. Sworn law enforcement or concealed carry permit
holders may exit with loaded weapon in the holster however, the weapon must remain in the holster while on the
6. The range is always considered HOT unless declared otherwise. This means that firing may commence at any time;
you are free to handle your firearm and everyone must remain behind the firing line.
7. When the command CEASE FIRE is given, or the Range Alarm sounds.
a. Stop shooting IMMEDIATELY.
b. Remove your finger from the trigger.
c. Keep the gun pointed in a safe direction.
d. Wait for further instructions from the Range Officer.
e. Anyone on the range may issue a CEASE FIRE command upon a safety violation or emergency.
8. No one other than Poway Weapons & Gear personnel may go forward of the firing line unless specific permission is
given by the Poway Weapons & Gear range staff.
9. Eye and ear protection must be applied before entering the range and must be worn at all times while on the range.
1. Persons under 18 years of age must be accompanied by a parent or guardian over the age of 25. The parent or guardian must remain with the underage member at all times while in the firing area.
2. Poway Weapons & Gear reserves the right to photograph or videotape all patrons.
3. Food, beverages, physically impairing products and the use of tobacco products are prohibited on the range. Smoking is prohibited throughout the building. Lead is a poison, so for your safety, always wash your hands and face immediately after shooting and/or cleaning your firearm.
4 Women who are, or may be, or trying to become pregnant should not be in the ranges.
5. Only one person is permitted to shoot from a firing lane at a time. Not more than three people will be assigned to a firing lane.
POWAY WEAPONS & GEAR INDOOR RANGE OPERATONAL PROCEDURES
1. All federal, state and local firearm laws must be obeyed.
2. No open toe or open heeled shoes allowed in the ranges.
3. Prior to shooting, Range Staff will assign you a lane. No one will be allowed to change lanes unless authorized by
Range Staff. If authorized, firearms must be unloaded and cleared prior to changing lanes.
4. All weapons must be unloaded and ready for inspection by Poway Weapons & Gear staff prior to range use.
5. Only approved ammunition may be used. Steel core, steel cased, aluminum cased, green tip ARE allowed. No tracer,
high explosive, or incendiary type ammunition is allowed. Shotgun ammunition: Birdshot is only allowed to be shot
on the 100 yard range at distances NOT to exceed 15 yards, and it must be #8 shot or larger. Buckshot may be shot
on all ranges at distances NOT to exceed 25 yards. Slugs may be shot on all ranges with no maximum distance.
6. When leaving the firing position temporarily, the firearm must be left unloaded and in the clear position, (action
open with the ejection port or cylinder up, magazine removed) and be pointed down range.
7. ANY shot that results in the bullet striking anything other than the target and/or backstop will result in a damage or
repair fine of $20 per impact. This may also result in your removal from the range, permanent ejection from the facility
and revocation of any passes without refund of money. Masking tape is located on the right side of each shooting stall,
tape your targets below the carrier to ensure you strike ONLY YOUR TARGET to avoid any fines.
8. The shooter is responsible for any abnormal damage to the range. Hitting the ceiling, walls, lights is considered
9. Cross firing of targets is prohibited.
10. You may draw and fire from a holster only if you're Sworn Law Enforcement or if you've attended, and passed, the
PWGR Dynamic Certification. Shoulder holsters, ankle holsters, small of the back, and cross-draw holsters may not be
11. Controlled Rapid Fire is acceptable under the following conditions:
a. Each round must strike the intended target and you must shoot within your abilities.
b. Failure to control your fire will result in removal from the range. You will have to pay for cost of repair to the
rangeand/or$20 PER IMPACT.
12. If firing from any supported position (bipod, shooting blocks, sand bags, lead sleds, ect.) on the 100 yard range your
target must be placed a minimum of 50 yards down range. A guest may shoot prone after approval from a Range
Officer at a minimum of 75 yards. Shooting in any supported fashion off the booth trays in the 25 and 50 yard ranges
must have the targets placed at maximum distance down range (i.e., 25 or 50 yards). Prone, Kneeling, and Sitting
shooting positions are NOT ALLOWED on the 25 and 50 yard ranges.
a. Keep the muzzle pointed down range and wait at least 30 seconds before clearing the misfire or notifying a Range
b. If you need assistance clearing the malfunction, notify a Range Officer by using the "Call Range Master" button on
the bottom right hand side of your range control screen.
c. DO NOT take jammed or malfunctioning firearms out of the shooting booth. Simply place the firearm on the bench
with the muzzle pointed down range.
14. You will be required to temporarily surrender your annual membership pass and driver license for lane assignments.
Upon leaving the range, cards will be returned.
15. Anyone using offensive language, behaving in an unprofessional manner or in any way being a nuisance or distraction
to others will be barred from the facility without refund of money.
16. In order to minimize noise in the lobby area, please let the lobby door close completely behind you before opening
the range door and vice versa.
17. Poway Weapons & Gear is not responsible for any customer belongings lost or stolen while on the premises.
18. If you have read this information in its entirety, please print AND sign your full name along with the date, at thebottom of this page.
I UNDERSTAND THAT BY MY SIGNATURE I HAVE READ AND AGREE TO BE HELD RESPONSIBLE FOR ANY AND ALL SAFETY VIOLATIONS REGARDLESS IF ANY SAFETY ISSUE IS NOT LISTED HEREIN. I UNDERSTAND THAT I HAVE SOLE RESPONSIBILITY FOR MY SAFETY AND THE SAFETY OF MY GUESTS.
Please Note: If you in the United States on any type of Visa and you are not from a "Visa Waiver Country", then Federal law (18 U.S.C. § 922[g][1-9]) prohibits you from possessing firearms, ammunition, or explosives. The penalty for violating this law is ten years imprisonment and/or a $250,000 fine. The list of waiver countries can be found here: https://en.wikipedia.org/wiki/Visa_Waiver_Program
November 16, 2019