Release and Hold Harmless Agreement
I, being above the age of 18 years and as applicable, the legal guardian of (the "Minor"), on behalf of myself and the Minor, in consideration of the rates charged and the right to enter and use the facilities and services of the gun range facilities ("Range" or Facilities") owned and operated by Delta Arsenal LLC (the "Company") do hereby enter in this Release and Hold Harmless Agreement (this "Agreement") on this day July 7, 2020 and consent and agree that:
1. Acknowledgement of Danger. I acknowledge that engaging in sport shooting is dangerous. I further acknowledge that no matter what precautions I may take, including but not limited to the wearing of various types of protective gear (including hearing and eye protection), that I could experience injury of a very serious nature and/or die as a result of an accident or incident. I therefore engage in such activities voluntarily and at my own risk.
2. Assumption of Risks. I acknowledge and represent that I am familiar with the significant risks and dangerous nature, including but not limited to causing death or serious bodily injury to myself and others, and causing damage(s) to property, which originate from participating and otherwise engaging in sport shooting. I hereby assume any and all responsibilities and liabilities pertaining to such risks, whether to myself or to others and without limitation or qualification. There have not been any express or implied representations to you on behalf of the Company except as set forth in this Agreement.
3. Knowledge and Safety. I acknowledge and represent that I possess the required knowledge and training to safely operate, carry or control the firearms which I will use at the Range. Additionally, I acknowledge and represent that any Customer who does not possess a license to shoot firearms in the state of Connecticut, but is utilizing the Range under my supervision pursuant to all governing laws, possess the required knowledge and training to safely operate, carry or control the firearms which I will use at the Range.
4. Physical and Mental Condition. I acknowledge that at the time of signing this Agreement I am in sufficient physical and mental condition to engage in sport shooting on this range.
5. Use of Alcohol or drugs. I acknowledge and represent that I am not under the influence of drugs or alcohol while in the Facility or on property owned and/or controlled by the Company, whether or not they are operating, carrying or otherwise in possession of a firearm at the time.
6. Condition of Equipment. I have, prior to engaging in any sport shooting at the Company, determined that, by professional standards, my shooting equipment, ammunition and all corresponding items are in good condition and suitable for the shooting contemplated by this Agreement. I acknowledge that the ammunition which I will use in my firearm was properly loaded, either by the manufacturer, or by the myself, in accordance with established industry criteria, as outlined in leading reloading manuals. Additionally, any reloaded ammunition I use meets or exceeds factory specifications regarding safety. I acknowledge specifically that I shall not use steel or aluminum case, armor piercing, steel core, incendiary or tracer ammunition; I understand the use of such ammunition damages the facility and I will be held solely responsible for the cost of repair. If found using forbidden ammunition I will be liable to pay charges of $50 per round fired, immediate removal from the range, forfeiture of range fees or prices already paid, and will be barred from our range facility for life.
7. Comprehensive Release. I do hereby, on behalf of myself and my heirs executors, administrators, assigns and legal and personal representatives, unconditionally and irrevocably release and discharge the Company, the Company's successors, assigns, owners, shareholders, directors, officers, employees, agents, representatives, attorneys, independent contractors, subsidiaries, and affiliates and each, every and all persons acting by, though, under or in concert with any of them (collectively, "Released Parties"). I further do hereby on behalf of myself and my heirs, executors, administrators, assigns and legal and personal representatives agree not to sue, or otherwise initiate legal, equitable or similar action or to otherwise file a complaint or other action for controversy resolution or otherwise seek losses, costs or expenses of any nature whatsoever, known or unknown, suspected or unsuspected, fixed or contingent, including without limitation, wrongful death, and any and all personal injuries, known or unknown, and death and/or personal injuries to third parties, and injuries to property, real or personal, known or unknown, against any of the Released Parties, caused by any reason whatsoever related to the Company and my sport shooting on or about the Company's premises and/or facilities. This Release shall pertain to any claims which were known or unknown, anticipated or unanticipated at the time of the execution of this Agreement, including any information of any nature which, if known by me on the date of execution of this Agreement, may have materially affected my decision to execute this Agreement and specifically this Release.
8. Indemnity. I hereby indemnify, without qualification or limitation, the Released Parties and defend and hold the Released Parties harmless from and against any and all tlaims, causes of action, demands or charges of every kind and nature, which any third party or person may claim to have or to hold for property damage or personal injuries or any other damages including death, arising from any cause or reason, of every kind and nature pertaining to this Agreement originating from my relationship with any of the Released Parties and any activity directly or indirectly arising from or contemplated by this Agreement.
9. Governing Law; Attorney's Fees. This Agreement shall be governed by, and construed in accordance with the laws of the State of Connecticut. Should any party hereto institute any action or proceeding against the other party at law or in equity, or in connection with an arbitration in connection with this Agreement, the prevailing party from such action shall be entitled to recover from the losing party or parties all attorneys' fees and costs for service rendered to the prevailing party in such action or proceeding.
10. Additional Regulations. I have read and understand, and I agree to follow the regulations set forth in the separate document entitled "Range Rules," a copy of which is appended to this Agreement and/or has been provided to me by the Company and shall comply with any additional rules posted and/or published by Delta relating to the use of the Facilities; I also understand that hearing and eye protection (even while using a scope) are mandatory at all Company shooting areas for all persons at all times. I agree that I will not fire or discharge any firearm or gun except in areas so designated by the Company. Any ammunition purchased or obtained from the Company will only be used at the Company's ranges.
11. Company's Right to refuse. I understand that failure on my part to abide by any of the requirements outlined above may result in their immediate expulsion from the Range, and in their temporary or permanent loss of Range privileges. Additionally, Company management reserves the right to refuse any person access to the Facility if it is determined at the sole discretion of Company management that I pose a potential safety risk to others or may cause damage to the Facility.
12. Acknowledgement of Lead and Noise Hazard exposure. I understand that the shooting facilities located at Delta Arsenal are areas with high concentrations of lead particulate contamination. This comes in the form of airborne particulate and surface contamination. Lead is a hazardous heavy metal that enters the blood stream. High blood lead levels are detrimental to the human body and can cause serious health issues. Delta Arsenal takes extreme measures above the industry standard to ensure. our facility is as least contaminated as possible. However, there will always be a residual amount oflead related through shooting, due to cartridge primer ignition and lead core bullets. Delta Arsenal uses water fall style backstops and industry leading air filtration systems to remove as much lead particulate from the air as possible. The range is vacuumed, cleaned and maintained with special equipment to remove lead from all surfaces. All customers are highly encouraged to clean their hands prior to leaving our facility with lead and heavy metal removing soap available in all our bathrooms throughout the building. In addition to the lead hazard customers are willingly and knowingly exposing themselves to, they are also being exposed to the hazards of high decibel noise. These high decibel sounds produced by gun shots can damage the human auditory system if proper protection is not worn. Any customer who is pregnant should not under any circumstances use our shooting ranges. Lead exposure to pregnant women is known to cause birth defects. In addition, the shock of the high decibel sound waves has an increased effect while travelling through the amniotic fluid and will damage an unborn child's organs. All customers should also be aware that lead levels effect children at lower levels in a much more damaging and irreversible way.
Children whom are exposed to high levels of lead can form permanent learning disabilities, have growth inhibited and other serious health conditions. Exposure to high lead levels should be taken extremely seriously. Cleanliness and cross contamination should always be kept in mind and every step should be taken to reduce the amount of lead brought home. By initialing above, I acknowledge the information contained herein and recognize I am exposing myself to higher than normal levels of lead and noise, and that I may unknowingly transfer lead particulate obtained from the shooting facility at Delta Arsenal.
13. Rental Agreement. I understand that if I rent a firearm for range use at Delta Arsenal LLC, I will be held completely responsible fiscally and legally if the firearm is damaged, stolen, lost, has been intentional misused, or if it has been intentionally or recklessly altered from the state in which it was issued to me. (condition before and after rental to be determined by Delta Arsenal LLC staff).
Where my initials appear above, I acknowledge that I have read, understood, and agreed to the provision beside those initials. In addition, my signature below indicates that I have read this entire Agreement, understand it completely, and agree to be bound by its terms. If this Agreement is being executed by me as a legal guardian on behalf of a person under the age of 18 years, then all provisions of this Agreement shall pertain to the undersigned and the Minor.
*** The "Range Safety Officer" (RSO) is in charge at all times and has the right to order a "cease fire" at any time on the range. If this should occur, all shooters are to lower their firearms, clear the chamber and place the unloaded firearm on table with the muzzle pointing down range with "safety" on. Shooters will then step away from the firing line. Anyone can order a cease fire at any time for any situation.***
TREAT EVERY FIREARM AS IF IT IS LOADED.
NEVER POINT A FIREARM AT ANYTHING YOU ARE NOT WILLING TO SHOOT.
KEEP YOUR FINGER STRAIGHT AND OF THE TRIGGER UNTIL YOU ARE READY TO FIRE.
KEEP YOUR WEAPON ON SAFE UNTIL YOU INTEND TO FIRE.
KNOW YOUR TARGET AND WHAT LIES BEYOND.
- Firearms will be loaded at the firing line only.
- Always keep the muzzle pointed down range. Do not turn and "flag" the firing line.
- Keep your finger off the trigger except when shooting.
- Keep the action open and the firearm unloaded, except when shooting.
- Ear and eye protection must be put on BEFORE entering the range.
- When not shooting, lay the firearm unloaded on the firing line table with the action open and the muzzle pointing down range.
- Any equipment is left at the owner's risk.
- Loaded firearms are not permitted to be handed from one person to another.
- Do not change lanes with a loaded firearm.
- No one is allowed forward of the firing line. Anyone stepping forward of the firing line will be asked to leave.
- Only fire at your target. No drawing from a holster unless you have been vetted through the training division of Delta Arsenal.
- In the event of a jammed or malfunctioning firearm and you do not have the ability to clear it, lay the firearm on the tray, muzzle pointing down range and raise your hand for assistance from the RSO.
- Persons under the age of 18 must be accompanied by a responsible adult.
- Persons 12 and older (with parent/guardian) can shoot .22 cal rifles only.
- Persons 16 and older with (parent/guardian) and photo ID can shoot handguns. This adult must remain with the minor at all times.
- Pregnant women are not allowed inside the range.
- Unpermitted shooters must be accompanied and supervised by a permit holder at all times.
- No food or drink is allowed in the range.
- No targets are allowed closer than 20 feet unless otherwise approved by Delta Arsenal's RSO.
- All ammunition will be inspected by Delta Arsenal staff prior to being used on the range.
- No steel or aluminum case, armor piercing, steel core, incendiary or tracer ammunition will be allowed on the range. If an individual is found shooting the above referenced ammunition, that individual/group will be removed from the range and damages will be assessed for a fine.
- Spectators can view from the lobby area only.
- The use of a brass catcher is permitted; however, no brass may be picked up once it hits the ground.
- No pistol grip shotgun, rifle or other may be fired on the range without the use of a stock.
- Any folding stock firearm must have the stock fully extended when firing on the range.
- No black powder, plastic tipped ammunition, BB, or airsoft rounds will be fired on the range.
- Only 00 Buckshot or Slugs may be fired from shotguns/others.
- Shooters will be aware of their angle of fire based on their height, the target height, target distance and what lies behind. Customers must check their angle to insure they will not shoot the floor, ceiling, lights or target fixtures. The shooter will be responsible for any damages or impacts, especially those outside of the backstop.
WE RESERVE THE RIGHT TO REMOVE ANYONE FROM THE RANGE IF THEY POSE A SAFETY RISK.
Today's Date: July 7, 2020