This Wavier of Liability, Release of Claims, and Agreement to Hold Harmless, Defend and Indemnify in favor of TRIGGER ACTION SPORTS, and its officers, agents, members, employees, contractors, owners, parent or related business entities, (hereinafter referred to as “TAS”) is made by the patrticipant named below (hereinafter referred to as “User”) in consideration for TAS allowing User to enter and use its premises and equipment.
1. Definitions: As used in this Agreement:
A. “TAS” means TRIGGER ACTION SPORTS, and its officers, agents, employees, independent contractors, owners, vendors, suppliers, members, or any business entity that is a parent or otherwise related to Trigger Action Sports.
B. “USER” means each individual who uses the facilities or equipment of TAS or who is present on the premises of TAS.
C. “RELEASED PARTIES” means TRIGGER ACTION SPORTS including its officers, agents, employees, independent contractors, vendors, suppliers, or any business entity that is a parent or otherwise related to Trigger Action Sports, or persons or entities with an ownership interest in TRIGGER ACTION SPORTS.
2. As material inducements to TAS for allowing User to utilize its equipment and facilities, User hereby acknowledges, agrees and represents the following to TAS:
A. Users under 18 years of age must be accompanied by User’s parent or legal guardian who warrants that the statements contained herein are true and correct. (Parent or legal guardian must sign a separate indemnification agreement.) User further represents and acknowledges that:
i. User is mentally and physically capable and qualified to safely use firearms, ammunition, and equipment that User will be using on TAS’ premises;
ii. User is not prohibited under any federal or state law or regulation from possessing a firearm;
iii. User never has committed a violent crime or violent felony.
B. User has become thoroughly familiar with and, at all times, will comply with TAS’s Safety Standards and Range Rules (which are attached hereto and incorporated herein as material conditions of this agreement). User further agrees to strictly and promptly comply with all instructions received from TAS’s Range Safety Officers, Range Masters, and TAS Staff when on TAS’s premises, and that TAS can expel or exclude User from its premises for violating such standards, rules and directions.
C. User is aware that lead in ammunition is a hazardous substance which can cause serious illness, injury or death if it is inhaled, ingested or absorbed by User’s body and agrees to carefully wash his/her hands after handling ammunition, discharging a weapon, or otherwise using the TAS’s firing range before drinking or consuming any food.
D. User is aware of the inherently dangerous nature of firearms and ammunition, and fully understands that they can cause serious injury, permanent disability, or death, and that these risks may be caused by User’s own negligence or by the negligence or fault of others.
3. In consideration of TRIGGER ACTION SPORTS’ permission to use its premises and equipment, User knowingly and voluntarily assumes all risks, known and unknown, whether caused by the negligent acts or omissions of User, the Released Parties, or third parties that may result therefrom; and further,
4. User, for himself/herself, his/her heirs, personal representatives, administrators, executors, next of kin, and as-signs, forever waives, releases, and covenants not to sue the Released Parties for any claim, demand, charge, suit, judgment, penalties, costs or expenses (including but not limited to reasonable attorneys’ fees) which, in whole or in part, may be caused by or arise out of the ordinary negligence of any Released Party in connection with User’s use of TRIGGER ACTION SPORTS’ premises or equipment, whether based on Released Party’s negligence or otherwise; and further,
5. User shall indemnify, defend, protect and hold harmless the Released Parties from and against every and all demands, damages, and losses including but not limited to litigation expenses, attorneys’ fees, or other costs resulting from any actions, judgments, suits, charges or claims asserted against, suffered of, or incurred by the Released Parties, whether they are based on Released Parties’ negligence, or otherwise. However, such indemnity shall not apply to any Released Party to the extent that the subject of the indemnification is caused by the Released Party’s willful misconduct or gross negligence. The foregoing indemnity shall not terminate upon completion of User’s use of the premises or equipment of TRIGGER ACTION SPORTS, but shall survive for all applicable periods of limitation of actions, plus the duration of all claims, litigation, and appeals arising in any way from User’s use of the premises or equipment of TRIGGER ACTION SPORTS.
6. I acknowledge that this document may be scanned and stored digitally, and I agree that a printed copy of the digitally-stored document shall be considered as authentic and admissible in any litigation or other proceeding as if it were the original signed document.
7. Rental Agreement: If you are renting any items from Trigger Action Sports, you are responsible to notify TAS staff that you are a new and/or beginner shooter and notify TAS of any manufacture defects. You are liable for any damages to the firearm. If you are under the age of 21, you must be accompanied by a parent or guardian.
By initialing you agree to follow the rental Agreement:
TRIGGER ACTION SPORTS RANGE RULES
1. All Federal, State and Local firearm laws must be obeyed.
2. Everyone must follow the Four Basic Rules of Firearm Safety at all times 1) Always keep firearms pointed down range while on the range. 2) Treat all firearms as if they were LOADED! 3) KEEP YOUR FINGER OFF THE TRIGGER until you are ready to fire. (Index your finger) 4) Know your target and what is beyond
3. Keep your firearm unloaded until you are ready to shoot.
4. Eye and ear protection are mandatory before entering the range.
5. Never move ahead of the firing line or shooting booths.
6. Dry firing is allowed on the firing line only.
7. You can draw from a holster only if you have taken and passed the Drawing from a Holster Certification class
8. Do not pass loaded firearms from one booth to another.
9. If a jam or other malfunction occurs and you cannot clear the problem, leave the firearm on the shooting bench and ask the Range Safety Officer for help. Do not leave the firing line with a loaded or jammed firearm.
10. Be sure your firearm is in good working order. If you are not sure please take your firearm to the gunsmith to have it checked over.
11. Report any negligent discharges or damage to equipment immediately to Range Safety Officer/TAS employee.
12. If a cease fire is called, unload your firearm with the cylinder open, or slides locked back, and step back from the shooting position.
13. Use only authorized firearms on the range.
14. Do not cross fire at targets on other lanes.
15. Use only approved Targets.
16. All firearms must be cased and unloaded when entering the store or range (excluding concealed firearms and law enforcement).
17. No one under the age of 21 is allowed on the ranges without parent or legal guardian supervision.
18. All individuals using the firing range must sign a waiver and rental agreement (if renting).
19. Use the correct ammunition in your firearm.
20. Shotguns may use slugs only.
21. No tracer, incendiary gas, explosive ammo, armor piercing, steel core, aluminum ammunition, or shotshells are allowed (all ammunition in magazines will be inspected).
22. No black powder or muzzle loader allowed on range.
23. Smoking, eating or drinking is prohibited on the range.
24. Never use alcohol or drugs before or while shooting.
25. No pregnant women are allowed on the range (Lead contamination and concussive force can be harmful to a fetus).
26. Anyone displaying unsafe actions will be warned to correct their behavior, and/or be asked to leave.
27. TAS reserves the right to refuse use of the range or service to any person for any reason.
28. We do not suggest open-toe shoes or open tops, but it is at your discretion. When brass ejects from a firearm it is hot.
29. Be courteous and aware of any shooters on the range.
30. All Class III Firearms must be checked at the rental counter.
31. Guest renting firearms for range use agree to only use new commercial factory ammunition. NO RELOADS IN RENTAL FIREARMS.
32. Range Safety Officer has the Authorities to remove anyone from the range that is not adhering to these rules.
Date: January 18, 2020