I hereby acknowledge that I have voluntarily applied to enter onto, and to engage in or to observe shooting and other activities at the shooting range range facilities (hereinafter the “RANGE”) owned and/or operated by LDGT,LLC d/b/a SHOOT GTR (“SHOOT”), GAINESVILLE TARGET RANGE, INC. (“GTR”) and NORTH CENTRAL FLORIDA INVESTMENBT CLUB, INC. (“NCFLIC”) (hereinafter collectively referred to as “Operators”). I further acknowledge and understand that “shooting and other activities” includes any and all activities of any whatsoever in which I engage or observe while at the Range, whether sponsored by LDGT, OPERATORS or any other sponsor, or if such activity is not sponsored by any person or entity and is only a personal undertaking.
I ACKNOWLEDGE AND UNDERSTAND THAT SHOOTING ACTIVITIES ARE 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: shooting, or being shot by myself or others; partial or total loss of eyesight or hearing; inhalation or other harmful contact with lead or other contaminants; being struck by flying or falling objects including but not limited to: ricochets and secondary projectiles, for instance, those resulting from spalling or delamination of metal jackets from jacketed rounds; wood splinters, ejected casings (“hot brass”), and projectiles resulting from negligent or other unintentional discharges from my own weapon, or from other shooters using the Range around me.
I understand that such risks cannot be eliminated without compromising the essential qualities of the shooting activities in which I am taking part, and which occur in the normal course of business at THE RANGE.
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, are inherent in using Range facilities for their normal purpose, entering on to the Range, and in engaging in or observing any activities of any kind whatsoever while at the Range. These hazards include, but are not limited to: slippery, loose or falling soil and rocks; unimproved, unmaintained, or uneven terrain, walkways, steps and roads; poisonous or dangerous plants, reptiles, insects and other animals; and falling trees and tree branches. I understand that such hazards and risks cannot be eliminated without compromising the essential qualities of the RANGE facilities, equipment, premises and environment.
I FURTHER ACKNOWLEDGE AND UNDERSTAND THAT OPERATORS have 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 ACKNOWLEDGE AND UNDERSTAND THAT OPERATORS make no warranty 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 OPERATORS 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 the term “guests” includes any person who is not a Member of SHOOT GTR who enters on to the Range, uses the Range facilities, or engages in or observes shooting and other activities at the Range as a result of my express invitation, permission or consent).
I AGREE to abide by all RANGE Rules, and to ensure that my Guests do so as well.
I agree that I will ensure each of my Guests reads and signs an “Acknowledgement of Risk, Release & Indemnity Agreement,” prior to entering on to the Range facilities for any purpose.
I AGREE that I, and on behalf of my successors, heirs, assigns, executors, administrators, personal representatives, guardians, and next of kin, do HEREBY RELEASE, HOLD HARMLESS, IDEMNIFY AND AND FOREVER DISCHARGE, OPERATORS, including their respective employees, officers, members, owners, instructors, agents, successors, and assigns (referred to collectively hereinafter as “Operators”) from and against any and all fault, liability, costs, expenses, demands, lawsuits, choses in action, and claims of any kind, arising out of, relating to, or in connection with my participation in any “shooting and other activities,” including but not limited to the discharge of a firearm; injuries sustained due to the discharge of a firearm; injuries sustained, occasioned or resulting from my presence on, or due to any condition of, in, on, or about the facilities, the Range, the land, or any other part of the Premises used for any portion of any event, shooting activity, whetehr sponsored or individual, or any course of instruction provided by Operators, and any and all acts or omissions by me.
My duty to indemnify, hold harmless and defend Operators, extends to and from any and all costs, expenses or liability for, but not limited to, the cost of any settlement or judgment resulting from, made or rendered against Operators, individually or jointly as between Operators, or as between any Operator and me, together with all court costs, and other costs and expenses incurred in connection with any such claim, demand, lawsuit or chose in action, including but not limited to attorney’s fees, all travel, and expert witness fees.
I further knowingly, intelligently and affirmatively waives, for myself, and my heirs, executors, administrators, and/or assigns, any and all rights and claims for, damages, losses, demands and any action whatsoever which I may have, or which may arise against Operators (including but not limited to any and all injuries, damages or illnesses suffered by my me, or to my property), arising out of or in any way relating to or in connection with my participation in shooting activities at the Range, damage to my property occurring on, at or because of my presence on or at the Range, and any damage personal or to my property, resulting from the discharge of firearms on or at the Range.
I acknowledge receipt, and warrant that I have read, understood and will at all times abide by the Range Safety Rules, and all directions given by Operators and their Instructors, Range Officers, Safety Officers and other personnel who may be (but are not required hereby) to be present on the Range form time to time, or during any instructional course, or related course of fire on the Range.
I AM AWARE THAT THE ACTIVITIES IN WHICH I AM HEREBY AGREEING TO PARTICIPATE ARE HAZARDOUS ACTIVITIES AND THAT I COULD BE SERIOUSLY INJURED OR EVEN KILLED. I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES WITH ACTUAL KNOWLEDGE OF THE DANGER(S) AND POTENTAIL HARMFUL CONDITIONS INVOLVED, AND DO HEREBY AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN. BY SIGNING THIS DOCUMENT, I AM WAIVING ANY AND ALL LIABILITY ACTIONS WHICH I MIGHT PURSUE AGAINST OPERATORS FOR ANY AND ALL BODILY INJURY OR INJURIES, DEATH OR DEATHS, OR PROPERTY DAMAGE, INCLUDING ANY AND ALL LIABILITY ACTIONS ARISING OUT OF ANY AND ALL NEGLIGENCE, WHETHER SIMPLE OR GROSS ON THE PART OF OPERATORS, THEIR RESPECTIVE AGENTS, OFFICERS, EMPLOYEES, MEMBERS, OWNERS, INSTRUCTORS, SUCCESSORS AND ASSIGNS.
I AGREE that I, my successors, heirs, assigns, executors, administrators, personal representatives, guardians, and next of kin HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS OPERATORS 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 for 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 OPERATORS.
I ACKNOWLEDGE AND AGREE this agreement is binding on, and is intended to bind my executors, heirs, assigns, agents and administrators. This agreement shall be construed under the laws of the State of Florida, and venue for any action arising out of or relating to this agreement shall exclusively lie in the State and Federal Courts in and for Alachua County, Florida. Any portion of this Agreement found to be unenforceable shall not render unenforceable any other portion of this Agreement. The prevailing party in any action to enforce, or declaratory action to clarify the respective rights, duties and obligations of any party shall be entitled to its attorney fees and costs incurred in such action.
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 grant to OPERATORS the right to take photographs of me. I authorize OPERATORS, to use such photographs of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and web content.
I have carefully read this “Acknowledgement of Risk, Release & Indemnity Agreement” and all of 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 knowingly, intelligently, 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 Operators.
I UNDERSTAND THAT BY MY SIGNATURE I AM GIVING UP SUBSTANTIAL RIGHTS, THAT I AM AGREEING NOT TO SUE OPERATORS AND RELEASING AND HOLDING HARMLESS OPERATORS OF ALL LIABILITY.
Agreement signed on this day of January 18, 2020 in Gainesville, Florida.