This Indemnification, Assumption of Risk, and Release Agreement (this “Release”) is made and entered into by and between the undersigned Participant (herein so called) and Mission Ridge Range & Academy, LLC (“MRRA”). Participant acknowledges and agrees that MRRA would not allow Participant to use the MRRA gun range, the MRRA archery range, or any other portion of the MRRA building or parking lot (collectively, the “MRRA Premises” or “MRRA Facilities”), unless Participant first executed this Release. This Release shall be effective as of the date and time that it is signed by the Participant (the “Effective Date”), and shall remain effective for Participant’s (and, if applicable, Participant’s spouse, dependents, and/or guests’s) present and future visits to the MRRA Facilities.
Participant acknowledges and agrees that Participant has read in its entirety, understood, and will abide by all of the MRRA Rules and Regulations set out below and on MRRA’s Website. Participant also acknowledges and agrees that Participant has watched in its entirety, and understood, MRRA’s range safety video. Participant also understands and agrees that MRRA reserves the right to remove from the MRRA Facilities, for any reason or no reason, any and all persons present on the MRRA Facilities (including Participant and/or Participant’s spouse, dependents, and/or guests), in the sole discretion of MRRA personnel. In addition, MRRA will have no obligation to inspect firearms or bows and arrows brought onto the MRRA Facilities by Participant or Participant’s spouse, dependents, and/or guests, but reserves the right to do so.
Participant understands and agrees that MRRA may take photos and videos, including security videos, of Participant and Participant’s spouse, dependents, and/or guests while on the MRRA Premises. Unless Participant objects prior to leaving the MRRA Premises, Participant agrees that MRRA may use such photos and videos for any lawful purpose, including for publicity, advertisement, and on social media. In any event, MRRA shall be entitled to use all such photos and videos for security and law enforcement purposes, and in connection with any legal proceedings.
Participant agrees that Participant shall be responsible, and shall compensate MRRA, for any and all property damage, bodily injury, and/or death on the MRRA Premises caused in whole or in part by Participant and/or Participant’s spouse, dependents, and/or guests.
Accordingly, Participant hereby agrees to indemnify and hold harmless MRRA, MRRA’s parent company (Texas Gun Range Holdings, LLC), MRRA’s sister company (Texas Gun Range Properties, LLC), and any successor or assignee of MRRA (by way of asset purchase, merger, or otherwise), and their respective managers, officers, members, owners, and employees (collectively, the “MRRA Parties”) of and from all claims, causes of action, loss, damages, injuries, liability, costs, and expenses (including attorneys’ fees, expert witness fees, and all other litigation expenses) (collectively, “Losses”) to the extent the same (i) are related to property damage, bodily injury, and/or death on the MRRA Premises, and (ii) are caused in whole or in part by Participant and/or Participant’s spouse, dependents, and/or guests, and whether or not caused in part by the fault, negligence, gross negligence, reckless disregard, or intentional misconduct of one or more of the MRRA Parties; provided, however, this indemnification obligation of Participant shall not apply if the Losses shall have been caused solely by the gross negligence, reckless disregard, or intentional misconduct of any of the MRRA Parties.
Participant understands, acknowledges, and agrees that the use of rifles, pistols, bows and arrows, and other weapons are inherently dangerous activities, involving high levels of noise, the discharge of ammunition from firearms, flying bullet casings and other debris, burning hot firearms and casings, and many other potential sources of bodily injury (including loss of eyesight, loss of hearing, lead poisoning, burns and scarring), death, and property damage. Participant also understands and acknowledges that MRRA does not screen any person seeking admission onto the MRRA Premises for sobriety or criminal record or mental stability. By entering the MRRA Premises, and by allowing Participant’s spouse, dependents, and/or guests to enter the MRRA Premises, Participant knowingly and voluntarily agrees to assume the risk that (i) Participant or Participant’s spouse, dependents, and/or guests may be injured (including emotional distress) or killed while on the MRRA Premises, whether due to the condition of the MRRA Premises; the condition of any MRRA supplied eye protection, hearing protection, firearms, ammunition, bows and arrows, or other items; the conduct of any other person on the MRRA Premises, including but not limited to a person with a felony record or other criminal conviction, or who is under the influence of alcohol or drugs; or any other cause that could be known or anticipated, as well as from any cause that is unknown or could not be anticipated; and (ii) Participant’s property, or the property of Participant’s spouse, dependents, and/or guests, may be damaged while on the MRRA Premises. Participant acknowledges and agrees that MRRA makes no warranty, and hereby expressly disclaims all warranties, of merchantability or fitness for a particular purpose of the MRRA premises and of the goods and services provided by MRRA on the MRRA premises – including but not limited to the design and manufacture of the MRRA premises (including but not limited to each individual gun range bay), and any of the following supplied or provided or sold by MRRA: firearms, ammunition, bows and arrows, eye/hearing protection, first aid supplies, and any other goods and/or services.
Therefore, Participant agrees to release, and does hereby release, the MRRA Parties for all property damage, bodily injury, and death which may be sustained by Participant and/or Participant’s spouse, dependents, and/or guests while on the MRRA Premises.
Accordingly, Participant hereby agrees to indemnify and hold harmless the MRRA Parties of and from all Losses to the extent the same are related to property damage, bodily injury, or death sustained by Participant and/or Participant’s spouse, dependents, and/or guests while on the MRRA Premises, whether or not caused in whole or in part by the fault or negligence of one or more of the MRRA Parties, and whether or not produced by a cause that was unknown or unanticipated; but not if caused solely by the gross negligence, reckless disregard, or intentional misconduct of one or more of the MRRA Parties. In this regard, Participant understands and agrees that MRRA has no duty to render first aid in the event Participant or Participant’s spouse, dependents, and/or guests sustain an injury while on MRRA Premises; provided, however, in the event that any of the MRRA Parties should undertake to render first aid, Participant agrees that the indemnification provisions set out above shall apply to the actions and omissions of the MRRA Parties while attempting to render first aid. Participant further agrees that the indemnification obligation of Participant set out in this paragraph shall extend to claims for bodily injury sustained on the MRRA Premises by a dependent or guest of Participant while under the age of eighteen but asserted against one or more of the MRRA Parties by such dependent or guest after reaching the age of eighteen.
This Release shall be binding on, and shall inure to the benefit of, the parties hereto, and their respective heirs, personal representatives, successors, and assigns. This Release may be assigned by MRRA to any successor by merger or to any person or entity that purchases all, or substantially all, of the assets of MRRA. This Release shall be governed by, and construed in accordance with, the laws of the State of Texas, and shall be fully performable and enforceable in San Antonio, Bexar County, Texas.
MRRA RULES AND REGULATIONS
Mission Ridge Range & Academy, LLC (“MRRA”) located at 4507 N. Loop 1604 W. San Antonio, TX 78249 (“Facility”) maintains the rules and regulations defined herein for the safety and enjoyment of all its customers, members, guests, vendors, partners and visitors (collectively “Patrons”). MRRA may, from time to time, in its sole discretion, update any or all of the rules set out herein. The latest version of MRRA’s Rules and Regulations can be found on MRRA’s website at www.missionridgerange.com.
General Rules and Regulations
MRRA Patrons are expected to conduct themselves in a courteous and professional manner at all times while in the Facility. Individuals may be expelled from the Facility if (i) their behavior, language, or clothing is deemed inappropriate, (ii) their actions or conduct interfere with the enjoyment of the Facility by other Patrons, (iii) they bring into the Facility, or are found using within the Facility, illegal substances, or (iv) their treatment of MRRA employees is hostile, threatening, or otherwise inappropriate. MRRA reserves the right to remove from the Facility, for any reason or no reason, any and all persons present on the Facilities, in the sole discretion of MRRA personnel.
Gun Range - Rules and Regulations
All persons entering any firearm range bay are required to read and sign an MRRA Indemnification, Assumption of Risk, and Release Agreement, as well as watch MRRA’s range safety video. Parents and/or Legal Guardians and supervising adults shall be responsible for any and all injuries, death, and property damage caused in whole or in part by their child, ward, or supervisee. Children under the age of 18 must be accompanied by their parent, legal guardian, and/or adult supervisor at all times while on the MRRA premises.
1. Children under the age of 10 years old are not permitted in any firearm range bay.
2. Children under the age of 18, if shooting a long gun, or under 21 if shooting a handgun, must be accompanied by their parent or legal guardian, and must be supervised at all times.
3. Always use only the correct ammunition for your firearm. NO STEEL CASED, STEEL CORE, STEEL SHOT, TRACER OR ARMOR PIERCING ALLOWED IN ANY RANGE IN ANY RANGE BAY. NO MUZZLE-LOADERS OR BLACK POWDER ALLOWED.
4. All federal, state, and local firearm laws must be obeyed.
5. All persons must check-in with the range operations desk before and after shooting.
6. For safety reasons, always wear appropriate clothing; long pants recommended, closed-toed shoes required, no low-cut tops.
7. No food, beverage, gum, or tobacco is permitted in any firearm range bay.
8. For their safety, pregnant and/or nursing mothers are not permitted in any of the firearm range bays at any time. (They are, however, welcome to observe through the viewing windows.)
9. Never use alcohol or drugs before or while shooting. No person under the influence of alcohol, drugs, or any other form of impairment is permitted in any firearm range bay.
10. The use of cell phones, including texting, is strictly prohibited while handling a loaded firearm or actively shooting.
11. Fully automatic weapons are prohibited unless approved in advance by MRRA’s Chief Range Safety Officer (“CRSO”).
12. All persons entering any firearms range bay must wear proper ear and eye protection.
13. No rifles are permitted in Bay 3 (Lanes 15 – 22) only handguns are allowed.
14. 50 BMG weapons are not permitted for use anywhere on the premise. Shotguns may only be used with slugs or 00 buck shot.
15. Only authorized targets are permitted for use; no photo, realistic, or likeness targets are permitted.
16. Please inform the Range Safety Officer (“RSO”) at the beginning of your session if you would like to keep your brass; brass must be collected from behind the firing line only!
17. MRRA is not responsible for any damage to, or loss of personal equipment used in any firearm range bay.
18. Always use the appropriate size target, placed at eye level, to ensure that your shots strike the backstop and not the floor, ceiling or target holder. Firing a shot on the range that results in the bullet striking anything other than the target and/or backstop, may result in a damage or repair fine and/or your removal from the range.
19. A violation of any MRRA Range Rule may result in immediate removal from the range and forfeiture of any and all fees paid.
20. All firearms must be holstered or cased while going to or from the firearm range bays. NEVER handle un-cased or un-holstered firearms behind the firing line.
21. All shooting must be conducted in a safe, controlled and accurate manner, dual wielding or two-gun shooting is not permitted at any time.
22. No more than 4 people per lane at any point and no more than 2 people in an individual stall at any point. Only one active shooter with only one active firearm. Remain on your assigned lane.
23. All firearms should be considered loaded at all times.
24. All commands given by the RSO must be followed.
25. Rapid fire and double tap are only permitted with CRSO approval.
26. Should you observe any unsafe behavior or condition by anyone, please report it to the RSO immediately.
27. Upon the command “CEASE FIRE”, stop all shooting immediately, put down your firearm and back away from the firing line. Do not re-approach the firing line or pick up your firearm until the “ALL CLEAR” signal has been given by the RSO.
28. Always keep firearms pointed down range and in a safe direction.
29. If your gun malfunctions, and you are unable to resolve the issue, lay it on the table in the stall facing downrange and notify the RSO immediately. Never for ANY REASON leave your booth with an un-attended, un-cased or un-holstered firearm.
30. Always keep your finger off the trigger and outside the trigger guard until you are ready to shoot. If you wish to draw from a holster, you must be qualified by an CRSO first.
31. Never cross the firing line for ANY reason. Do not attempt to retrieve anything that falls in front of the firing line. If you drop a piece of equipment, ask the RSO for assistance.
32. Always wash your hands immediately after shooting and/or handling your gun.
33. All firearms must be holstered or cased while going to or from the bays. NEVER handle un-cased or un-holstered firearms behind the firing line.
Archery Range - Rules and Regulations
1. Children under the age of 6 years old are not permitted in the archery range.
2. Children under the age of 16 must be accompanied by their parent or legal guardian, and must be supervised at all times.
3. Never point your bow at anyone, even if there’s no arrow drawn
4. Participants should not wear anything that could get tangled in the bow. Never wear scarves, hoods or anything excessively loose.
5. Take off your watch and/or jewelry before you begin shooting.
6. It’s strongly recommended that you wear an arm guard.
7. Always use a bow-stringer when stringing your bow.
8. Make sure your string is waxed regularly (if unsure of how often to do it, wax the string once every 100 arrows shot)
9. If you drop anything in front of the shooting line, even if it’s within reach of your arm, do not retrieve it until the command has been given for everyone to stop shooting (usually “bows down” or “all clear”).
10. Always use field points at a regular archery bow range (avoid hunting broad-heads as they are more dangerous to handle and will damage most practice targets)
11. If you are using wooden arrows, always check them for cracks or splintering before your shooting session.
12. Make it a habit to always check the bow limbs for any damage before you start shooting.
13. If you notice signs of wear on the string (for example separation of the string serving), replace it immediately – do not wait for it to become completely non-operational.
14. Keep your arrow aimed towards the ground as you nock it.
15. Never draw an arrow if there are any people between you and your target, even if you don’t intend to shoot yet.
16. Absolutely no sky drawing
17. Do not nock or draw an arrow unless you are at the shooting line and unless the instructor has given everyone the command to do so.
18. If you hear the command “HOLD,” do not shoot an arrow even if it’s already nocked and the bow is drawn.
19. Never fire the arrow high into the air.
20. Never dry fire your bow (pulling and releasing the string without an arrow seated); this will be dangerous to both you and your bow.
21. Keep standing behind the shooting line and never cross it until the instructor gives a clear command for everyone to stop shooting.
22. Never run while retrieving your arrows.
23. Make sure no one is standing immediately behind you when pulling out an arrow from the target.
24. Finish each shooting session by un-stringing your recurve bow.
Simulator Room / Range - Rules and Regulations
1. Children under the age of 16 must be accompanied by an adult at all times.
2. No live firearms or ammunition are permitted in the simulator room by Patrons at any time.
3. When using the simulator guns, the 4 cardinal safety rules must be followed at all times:
(i.) Treat all guns as if they are always loaded.
(ii.) Don’t point the muzzle at anything you are not willing to destroy.
(iii.) Keep your finger off of the trigger until your sights are on the target and you are willing to shoot.
(iv.) Be sure of your target and back stop.
4. Do not point any laser device at your eyes or the eyes of others.
5. When graphic content is being played, the blinds must remain down and volume must be set to an acceptable level (not to be heard outside the Simulator Room / Range).
6. No food, beverage, gum, or tobacco is permitted in the Simulator Room / Range.
By signing this Release electronically below, Participant acknowledges and agrees that his or her electronic signature on this Release will have the same force and effect as Participant’s original signature on a paper copy of this Release. Upon written request, MRRA will provide Participant a paper copy of this Release, without charge. An electronic signature on this Release shall be deemed to be an original signature, for all purposes.
Participant acknowledges and agrees that Participant not only has been provided sufficient time to review and understand this Release, but also has had the opportunity to have this Release reviewed by legal counsel of Participant’s choice, and to receive the advice of such legal counsel prior to executing this Release, if Participant desired to do so. If any part of this Release is deemed to be void and/or unenforceable, the remaining portions shall nevertheless remain in full force and effect.
In consideration of Participant executing this Release and paying the applicable fee, MRRA hereby grants to Participant the opportunity to use the MRRA gun range, archery range and/or simulator range.
IN WITNESS WHEREOF, the undersigned has executed this Release as of the Effective Date (May 18, 2021).