I certify that I am a citizen of the United States 18 years of age or older, that I have never been convicted of violence or felony, and that I can legally own a firearm.
I understand and agree to follow the basic rules of firearm safety:
ALWAYS keep the firearm pointed in a safe direction.
ALWAYS keep the firearm on unloadeduntil ready to shoot.
ALWAYS keep your finger off the trigger until ready to shoot.
ALWAYS know your target and what is beyond.
I further agree that I will at all times abide by all the rules and procedures of the event and will follow the instructions of the Range Officer.
In consideration of the services of BLUE CREEK SPORT SHOOTING COMPLEX INC., a Montana Corporation and its agents, employees, officers, directors, successors, and assigns (collectively, the Corporation) and permission to use its Facilities (defined below), I hereby voluntarily agree to enter into this Agreement and agree to WAIVE, RELEASE, AGREE TO INDEMNIFY, HOLD HARMLESS, AND FOREVER DISCHARGE the Corporation, on behalf of my spouse, my children, my parents, my heirs, assigns, personal representative, and estate from any and all claims, that I have or may have, arising from or in any way related to my participation or others participation in any Activities (defined below), provided this Agreement does not apply to acts of gross negligence, or intentional, willful or wanton misconduct.
I acknowledge and understand that Activities as used throughout this Agreement includes all activities of any kind whatsoever that I or others may engage in that are conducted by, at the Facilities of, or for the benefit of the Corporation. The use of Facilities in this Agreement shall include all areas of the property, including but not limited to the gun ranges, archery ranges, game bird preserve, clubhouse, and the sporting clays, 5-stand, FITASC, skeet and trap fields.
1. Montana Recreation Responsibility Act.
I ACKNOWLEDGE THAT ALL ACTIVITIES OFFERED AT THE CORPORATIONS FACILITIES ARE RECREATIONAL OPPORTUNITIES AS DEFINED BY MCA 27-1-752(3) AND AGREE THAT THE MONTANA RECREATION RESPONSIBILITY ACT SHALL APPLY TO ALL ACTIVITIES THAT I UNDERTAKE AT THE CORPORATIONS FACILITIES.
2. Assumption of All Risks Associated with Activities at the Corporation.
I acknowledge, understand, and AGREE TO ASSUME ALL RISKS, HAZARDS AND DANGERS (collectively, Risks), including without limitation, inherent Risks, known Risks and unknown Risks, relating to or arising out of the Activities on Corporations Facilities. I understand that these Risks include damage to property and person, including but not limited to, injury, disability, disease, and death.
3. Assumption of All Risks Associated with Conditions and Use of the Corporation Facilities.
I acknowledge and understand that the nature and condition of the Corporations Facilities and environment is such that it contains both known and unknown Risks, I AGREE TO ASSUME ALL RISKS associated with the nature and condition of the Corporations Facilities. I understand that these Risks include damage to property and person, including but not limited to, injury, disability, disease, and death.
4. Assumption of all Responsibility and Liability for Your Actions and Actions Your Guests; Agreement to Indemnify Corporation.
I agree to ASSUME ALL RESPONSIBILITY AND LIABILITY, INDEMNIFY AND HOLD HARMLESS the Corporation for any and all acts, even any negligent, reckless or criminal act or omission to act.
5. Governing Law and Venue.
I acknowledge and agree that this agreement shall be interpreted and enforced under the laws of the State of MONTANA, and that the venue for any action or proceeding shall be in BILLINGS, MONTANA.
6. Binding Effect. The terms and conditions hereof shall inure to the benefit of, and be binding upon, the heirs, legal representatives, successors and permitted assigns of the parties hereto.
7. Attorney Fees. If either party defaults in its performance hereunder and the other party employs an attorney because of such default, the defaulting party agrees to pay, on demand, all costs, charges and expenses, including reasonable attorney and paralegal fees, incurred at any time by the other party because of the default.
8. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of this Agreement shall nevertheless be effective and enforceable.
9. Entire Agreement. This Agreement embodies the entire Agreement between the parties, and supersedes all prior negotiations, understandings and agreements.
I SIGN THIS AGREEMENT VOLUNTARILY, UNDER NO DURESS, WITHOUT INDUCEMENT, PROMISE OR GUARANTEE. I HAVE READ AND FULLY UNDERSTAND THE AGREEMENT AND UNDERSTAND THAT I HAVE GIVEN UP SIGNIFICANT LEGAL RIGHTS BY SIGNING BELOW.
I INTEND TO PROVIDE A COMPLETE AND FULL WAIVER TO THE CORPORATION OF ALL LIABILITY TO THE FULLEST EXTENT OF THE LAW.