I have watched the range safety video in it's entirety.
IMPORTANT! This is a binding legal Agreement. Read it CAREFULLY before signing.
By signing this Agreement, you are giving up important legal rights.
a. Claims: any and all legal claims, lawsuits, causes of action, damages, expenses, injuries or costs.
b. Limitations: physical, mental, emotional or other limitations, disabilities, illnesses, injuries or conditions.
c. Property: Any property of any form, tangible or intangible, including real estate, buildings, erections, goods, products, firearms, ammunition, or any object owned, whether wholly or partially, by Trop Gun Shop.
d. Range: any and all shooting, training and practice ranges of Trop Gun Shop, whether used for live or virtual fire, in any capacity.
e. Trop Gun Shop: Trop Gun Shop, LTD and Trop Gun Shop, Inc. and their respective officers, officials, directors, members, owners, shareholders, employees, agents and representatives.
2. Agreement to Follow All Safety Rules and Directions:
In consideration for me being permitted access to and use of the Range of the Trop Gun Shop, including, if applicable, Trop Gun Shop’s firearms, ammunition or other Property, I, (participant), hereby AGREE TO FOLLOW AND COMPLY WITH the written safety rules provided to me with this Agreement, as well as all safety rules, range procedures, and directions, whether written or oral, of Trop Gun Shop. I further agree that if I observe any safety violation by anyone (employee, shooter, observer, or other person), or any unsafe condition of any kind, I will IMMEDIATELY call it to Trop Gun Shop’s attention by contacting an employee of Trop Gun Shop. I agree that Trop Gun Shop may terminate my use of the Range at any time if I violate any safety rule, procedure or direction, in which case any fees I have paid will not be refunded to me. I further agree that if my actions, purposefully, accidentally or negligently, cause damage to Trop Gun Shop’s property that I will be financially responsible for said damage. This includes range equipment, range rental firearms and any other property belonging to Trop Gun Shop that is damaged by my actions.
3. Non-‐Prohibited Person Declaration: By signing this Agreement, I declare, pursuant to 18 PA.C.S. § 4903 – False Swearing, to the best of my knowledge, information and belief that:
a. I am not currently under indictment or information in any court of a crime that could be punished by more than one year in jail.
b. I have never been convicted in any court of a crime that could have been punished by more than one year in jail, regardless of the actual sentence imposed.
c. I am not a fugitive from justice.
d. I am not an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance.
e. I have never been adjudicated mentally defective or committed to a mental institution.
f. I have never been dishonorably discharged from the Armed Forces.
g. I am not subject to a court order restraining me from harassing, stalking, or threatening my child or an intimate partner or child of such a partner.
h. I have never been convicted in any court of a misdemeanor crime of domestic violence.
i. I have never renounced my United States citizenship.
j. I am not an alien illegally in the United States.
k. I have no unlawful, illegal, wrongful or otherwise deceitful intentions in executing this Agreement or in utilizing Trop Gun Shop’s Range and, if applicable, firearms, ammunition and other Property.
4. Release of My Image and Likeness: I understand that my activities on the Range or on Trop Gun Shop’s property may be photographed, videotaped and/or otherwise captured electronically by Trop Gun Shop. I hereby grant Trop Gun Shop all rights to use my image and likeness for the purpose of advertising. I understand that use of my image and likeness will be for advertising purposes. This use includes publishing in magazines, advertising, videos, internet websites or other, as long as it is not altered to show other than actual activities in a way that could be harmful to my character. All publications will be done tastefully and with integrity. I FORFEIT any and all rights to any CLAIMS relating to the use of my image or likeness, as described above. All photographs, videos, or other electronically captured media taken at or in Trop Gun Shop remain the property of Trop Gun Shop, and may not be used or reproduced without the express written permission of the President of Trop Gun Shop.
5. Assumption of Risk: I understand that my use of Trop Gun Shop’s Range, firearms, ammunition and Property involves numerous serious risks, including the risk of death, serious physical injury and property damage. These risks involve, but are not limited to, the risk that I may be injured by: shooting myself or being shot by someone else; being injured by ricochet bullets or fragments, splatter or splashback from targets, target frames or the range backstop; risk of firearms or ammunition exploding or bursting; risk of my falling, slipping, tripping or stumbling anywhere in Trop Gun Shop’s range or on its Property; risk of my suffering serious eye injury or blindness, hearing loss or deafness, brain damage, lead poisoning, broken bones, paralysis, sprains, strains, and other injuries resulting from use of Trop Gun Shop’s Range, Property and the associated activities; risks of emotional and psychological injury; and other risks too varied and numerous to specify. By willingly, knowingly and voluntarily using the Range of Trop Gun Shop, I hereby ASSUME ALL RISKS involved, including EVEN THOSE, WHICH MAY BE CAUSED BY THE NEGLIGENCE OR CLAIMED NEGLIGENCE OFTROP GUN SHOP.
6. Release: I further agree to RELEASE TROP GUN SHOP from LIABILITY for any and all CLAIMS which may result from, or are in any way related to, Trop Gun Shop or its Property. I agree to RELEASE Trop Gun Shop from LIABILITY for any and all CLAIMS, even if caused by the NEGLIGENCE or CLAIMED NEGLIGENCE ofTrop Gun Shop.
7. Indemnity Agreement: I further agree to INDEMNIFY and DEFEND Trop Gun Shop AND HOLD Trop Gun Shop HARMLESS from any CLAIMS, whether brought by or on behalf of me, or brought by another as a result of my actual or claimed negligence or other improper conduct.
8. Health Condition Declaration:I hereby confirm that I AM IN GOOD HEALTH, and have no physical, mental, emotional or other limitations, disabilities, illnesses, injuries or conditions (collectively referred to herein as “Limitations”) that would or might make it unsafe for me to use of the range of the Trop Gun Shop or use its Property. I understand that my use of Trop Gun Shop’s range is voluntary, and there is no requirement that I perform all, or any, of Trop Gun Shop’s activities or programs.
9. General Conditions:
a. To the extent that any provision of this Agreement is held to conflict with or be unenforceable under applicable law, I agree that this Agreement shall be modified by the Court to the least extent possible to render it enforceable, and shall be enforced as so modified.
b. I declare that this Agreement and, if applicable, my Membership Application contain the total agreement and understanding between me and Trop Gun Shop with regard to the subject matter hereof, that there exist no other promises, representations, terms, conditions, agreements or courses of dealing not contained herein or within the Membership Application. I further declare and agree that, in any event, this Agreement supersedes any such promises, agreements, etc. in the event they ever occurred. This Agreement may not be amended or changed except in writing signed by the President of the Trop Gun Shop, David Dunn.
c. I declare that my use of Trop Gun Shop’s Range is purely voluntary, and that I am compelled neither to use Trop Gun Shop’s Range nor to execute this Agreement.
WHEREFORE, I HEREBY ACKNOWLEDGE AND AGREE BY MY SIGNATURE BELOW that I have read and understood this Agreement, including the within (1)Terms, (2) Agreement to Follow All Safety Rules and Direction, (3) Non-‐Prohibited Person Declaration, (4) Release of My Image and Likeness, (5) Assumption of Risk, (6) Release, (7) Indemnity Agreement, (8) Health Condition Declaration and (9) General Conditions, and that by signing it, I expressly intend to be legally bound, as well as to bind my estate, heirs, successors and assigns. I further agree that this Agreement shall remain in force indefinitely.
Dated: December 6, 2023