In consideration of the undersigned being permitted to engage in any activity, recreational or otherwise, on any property, including without limitation any building, structure, parking areas, sidewalks and land, leased, occupied, used or accessed by Ally Outdoors, or any of its successors and assigns, including without limitation the property located at Ally Outdoors, and the undersigned’s heirs, family members, guests, executors, administrators, personal representatives, successors and assigns (collectively the “Undersigned”) hereby understands, acknowledges and agrees to the following: - The Undersigned is fully aware of the risks and hazards inherent, whether known or unknown, in entering upon and taking part in any activity on the Premises and voluntarily enters and takes part in any activity on the Premises with the knowledge and appreciation of the dangers involved; further, the Undersigned expressly assumes the risk of entering on the Premises and taking part in any activity, recreational or otherwise, on the Premises, including without limitation: archery; handgun, machine gun and rifle; firing live ammunition; observing individuals discharging firearms or other types of weapons; eating food or drinking beverages, including any type of alcoholic beverage; parking; and any other use of or activity on the Premises.
- The Undersigned hereby releases, waives, and forever discharges and covenants not to sue or make a claim against Ally Outdoors, LLC, including each of their respective affiliates, successors and assigns, officers, managers, volunteers, members, directors, employees, agents, attorneys or representatives, (collectively, the “Ally Outdoors Releasees”) for any and all claims, demands, damages, expenses, causes of action, attachments of property or liability of any kind whatsoever that arise, directly or indirectly from property damage, personal or emotional injury, including partial or total disability, dismemberment or paralysis, or death directly or indirectly resulting from the Undersigned entering or being on the Premises, even if such claims demands, damages, expenses, causes of action, attachments of property or liability result partially or wholly, or directly or indirectly, from any act or omission to act, whether negligent or otherwise, including negligent or omitted first-aid operations or procedures, by Ally Outdoors Releasees.
- The Undersigned certifies that he/she is not prohibited under any Federal or State law from possessing a firearm.
- The Undersigned acknowledges that the risks and hazards that he/she is assuming may increase or change during the Agreement Term.
- The Undersigned hereby consents to and authorizes the administration of all emergency medical treatment, or lack thereof, which might be provided or available at the Premises.
- The Undersigned acknowledges and agrees that he/she/they have read and understands and at all times will abide by all rules and regulations, any rules or procedures applicable to any particular activity, the procedures, safety rules and any and all instructions whether communicated in writing or verbally with respect to the Premises which are incorporated herein by reference, including those rules and regulations attached hereto and incorporated herein, (the “Rules”).
- The Undersigned agrees to indemnify, hold harmless and defend the Ally Outdoors Releasees from any and all fault, liabilities, costs (including costs of any settlement or judgment, costs of court and attorneys’ fees), expenses, claims demands and lawsuits directly or indirectly arising out of, related to or connected with the actions or omissions of the Undersigned occurring on the Premises.
- The Undersigned acknowledges and agrees that this Waiver, Release of Liability and Indemnity Agreement shall be interpreted and enforced under the laws of the State of Texas. The Undersigned hereby expressly understands, acknowledges and agrees that this Waiver, Release of Liability and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Texas.
- The Undersigned acknowledges and agrees that this Waiver, Release of Liability and Indemnity Agreement shall be in full force and effective for a period of time commencing on the date executed and ending on last calendar day of the twelfth (12th) calendar month thereafter, (the “Agreement Term”); for the avoidance of doubt, during the Agreement Term this Waiver, Release of Liability and Indemnity Agreement shall be applicable to each and every occasion that the Undersigned enters on to the Premises.
- The Undersigned acknowledges and agrees that if any provision of this Waiver, Release of Liability and Indemnity Agreement is held to be invalid, void or otherwise unenforceable, the parties hereto intend that such provision or portion shall remain applicable to the fullest extent permitted by law, and the remaining provisions or portion shall continue and remain in full force and effect.
- The Undersigned acknowledges and agrees that Sections 1,2,7,8 and 10 shall survive the termination of this Waiver, Release of Liability and Indemnity Agreement.
THE UNDERSIGNED ENTERS INTO THIS WAIVER, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT WILLINGLY AND VOLUNTARILY, AND UNDERSTANDS THAT BY THIS SIGNATURE THE UNDERSIGNED ASSUMES RISKS AND WAIVES SUBSTANTIAL RIGHTS, AGREEING NOT TO SUE ANY ALLY OUTDOORS RELEASEE AND TO RELEASE AND HOLD EACH ALLY OUTDOORS RELEASEE HARMLESS FROM LIABILITY. ADDITIONALLY, FOR ANYONE UNDER THE AGE OF 21 YEARS, THIS WAIVER, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT MUST BE SIGNED BY A PARENT OR LEGAL GUARDIAN WHO IS PRESENT TO ACCOMPANY THE MINOR WHILE SHOOTING ANY TYPE OF WEAPON. Today's Date: March 31, 2025 |