Centennial Gun Club
Able Shepherd, LLC
Duty To Act, LLC
Active Shooter Response Training Center
HOLD HARMLESS CLAUSE, COVENANT NOT TO SUE AND RELEASE
COLORADO FIREARMS, AMMUNITION AND ACCESSORIES, LLC AND CENTENNIAL GUN CLUB, LLC AND DUTY TO ACT, LLC is Colorado Limited Liability Companies, ("The Gun Club") which operate a shooting range, instruct classes and conduct contests, tournaments, and other events in techniques of practical firearms use, use of force, alternative force, edged weapons and other activities and events.
Use of the shooting range and/or instruction offered individually and/or during these classes involves the discharge of firearms, and may include the use of alternative force, discharge of ammunition and use of edged weapons by the class members and instructors in various situations including simulated combat situations. Such situations possess certain inherent dangers for the persons and property of the individuals participating in the activity. The Gun Club, its stakeholders, managers, members, its directors, officers and employees, as well as contract employees, independent contractors and volunteers, jointly and severally (hereinafter termed "the Corporation"), and any individual (hereinafter termed "Participant") wishing to avail himself or herself of the shooting range, training and/or facilities of the Corporation for any reason, OR who has chosen to visit, observe or tour the training or facilities of the Corporation, hereby agrees as follows:
IT IS UNDERSTOOD AND AGREED that this Agreement and the following Covenant Not to Sue and Release are part of the consideration from the Participant to the Corporation, jointly and severally, for the privilege of using the shooting range, receiving instruction, or visiting, observing or touring the training facilities of the Corporation. Participant hereby agrees that Participant is aware of the fact, and assumes all risks, that there will be personnel of the Corporation and other participants on the training facilities with Participant. Participant assumes any and all risks of injury or damage from them or by them, and releases Corporation from any claim that its employees or agents are or may be negligent in connection with Participant's experience or ability, including but not limited to selection of firearms, ammunition, leather, gear, edged weapons or accessories pursuant to participation in Corporation's training programs, and/or use of the shooting range. Participant expressly agrees that this Participant Agreement, Hold Harmless Clause, Covenant Not to Sue and Release 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 and that in the event any portion of the Agreement is determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the balance of the Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect.
Participant voluntarily assumes all risk and danger of injury or death inherent in the use of force, and/or any firearm, ammunition, edged weapons, equipment, or gear provided to or used by the Participant. The Participant and all minor(s) agree to disclose any pre-existing injuries or other health concerns that may limit, interfere or be exacerbated by participation on the range or any training provided and further agrees to assume all risk for any exercises, drills, and aspects of training. If any participant becomes physically unable to participate during a session or feels the training will further aggravate or be harmful to a prior injury, the participant is responsible for curtailing any exercise or training immediately and is to inform the Range Safety Officer or Instructor. PARTICIPANT ACKNOWLEDGES THAT THIS IS A CONTRACT AND AGREES THAT IF A LAWSUIT IS FILED AGAINST THE CORPORATION OR ITS OWNERS, EMPLOYEES OR AGENTS, FOR ANY INJURY OR DAMAGES IN BREACH OF THIS CONTRACT, THE UNDERSIGNED WILL PAY ALL ATTORNEY'S FEES AND COSTS INCURRED BY THE CORPORATION IN DEFENDING SUCH ACTION.
HOLD HARMLESS CLAUSE
Participant hereby promises and agrees and understands that s/he is using the shooting range and/or entering upon this course of instruction or event, or visiting, observing or touring the training or facilities, under the express condition that the Corporation 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 the course of instruction, event or visiting, observing or touring the training or facilities, offered by the Corporation either on its own premises or at any other place.
Participant hereby promises and agrees, as part of the compensation to be paid the Corporation, for allowing the Participant to use the shooting range and/or receive a course of instruction, participate in the event or observe or tour the training or facilities, to indemnify and save harmless the Corporation 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, receiving the course of instruction, participating in the event, or visiting, observing or touring the training or facilities.
COVENANT NOT TO SUE
Participant hereby promises and agrees neither Participant nor Participant's 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 the Corporation, 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 the shooting range, receiving the course of instruction, participating in an event, or visiting, observing or touring the training or facilities.
In addition to the foregoing Participant Agreement, Hold Harmless Clause, and Covenant Not to Sue, I hereby RELEASE and forever discharge the Corporation, its successors, and assignees, from each and every right and claim which I now have, or may hereafter have, on account of any injuries, damages, to person or property, or illness that I may sustain as a result of engaging in use of the shooting range and/or instruction, participating in an event, or visiting, observing or touring the training or facilities, whether or not arising from the negligent acts or omission of Corporation or its agents, employees, officers, directors, independent contractors, or volunteers. I specifically release and forever discharge the Corporation, 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 paper to bar me forever from suing and to release the Corporation even as to injuries, damages, to person or property, and illnesses, rights and claims not mentioned here or not known to me.
- I have read this paper from the beginning to end and I fully understand the paper that I am signing. I have asked and received satisfactory answers to any and all of my questions or concerns regarding this document.
- The paper that I am signing is: Participant Agreement, Hold Harmless Clause, Covenant Not to Sue and Release
- I fully understand and know, that signing this paper will 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 do hereby recognize and acknowledge that by signing this document I have read, understand and will abide by the Range Safety Rules and that failure to abide by the Safety Rules established by the Corporation could result in temporary or permanent ejection from the range and facility.
- I understand that by signing this document, the Corporation supports the NRA recommendation to avoid recreational/training shooting during pregnancy. I accept the risk to my (our) fetus if I (we) choose to enter the range, whether planning to shoot or observe. (Note: medical article available at Range Desk to document reasons for this recommendation.)
- The Corporation respects your privacy, but we require that you provide a valid email address and phone number in order to authenticate this waiver. We also may need to contact you for necessary communication. Sometimes our guests forget to retrieve their ID or we have mechanical problems which require that we cancel your reservation. We also send out information about promotions and sales; you may opt-out of non-essential communication if you so desire. My signature below gives the Corporation permission to contact me via cell or email for any necessary follow up and/or to provide updates and promotions.
- I understand that by signing this document, 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 and information provided herein as accurate and the truth.
The Corporation considers safety extremely important. We require everyone to watch our safety video even if you are registering for an event that does not go into the range.
I HAVE READ THIS DOCUMENT IN ITS ENTIRETY AND WATCHED THE SAFETY VIDEO AND READ THE RANGE RULES. I DO HEREBY ATTEST THAT I AM 18 YEARS OF AGE OR OLDER AND EVERYTHING SUBMITTED HEREIN IS TRUE AND ACCURATE. FURTHERMORE, I DO HEREBY ATTEST THAT I AM LEGALLY ALLOWED TO POSSESS A FIREARM IN THE UNITED STATES. I AM NOT CURRENTLY THE SUBJECT OF EITHER A CRIMINAL, DOMESTIC PROTECTION OR CIVIL RESTRAINING ORDER. I AM NOT UNDER A FELONY INDICTMENT IN ANY COURT, NOR HAVE I EVER BEEN CONVICTED OF A FELONY AS AN ADULT OR JUVENILE. I AM NOT A FUGITIVE FROM JUSTICE. I AM NOT AN UNLAWFUL USER OFOR ADDICTED TO ANY CONTROLLED SUBSTANCE. I HAVE NEVER BEEN ADJUDICATED AS MENTALLY DEFECTIVE OR INCOMPETENT TO MANAGE MY OWN AFFAIRS. I HAVE NEVER BEEN DISCHARGED FROM THE UNITED STATES ARMED FORCES UNDER DISHONORABLE CONDITIONS. I AM A CITIZEN OR LEGALLY IN THE UNITED STATES. I UNDERSTAND THAT THIS DOCUMENT IS A PARTICIPANT AGREEMENT, HOLD HARMLESS CLAUSE, AND COVENANT NOT TO SUE, 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 THE CORPORATION, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS FROM THEIR OWN NEGLIGENCE.
I Agree to the terms and conditions indicated herein
June 4, 2020 Signed