PARTICIPATION AGREEMENT WAIVER, RELEASE AND COVENANT NOT TO SUE
Stock and Barrel Eagan, LLC (d/b/a Stock and Barrel Gun Club), a Minnesota Limited Liability Company (herein referred to as the “Stock and Barrel”), owns and operates a firearm shooting range, conducts contests, hosts tournaments and events, demonstrates firearms, sells firearms, and provides instruction in techniques of practical firearm use and the use of force and alternative force (herein referred to as one or more “Activities”).
“Participants” in Activities include Stock and Barrel managers, members, directors, officers, employees, contract employees, independent contractors, volunteers, patrons and other individuals that use Stock and Barrel and its shooting range, training and facilities for any reason, including individuals who visit, observe or tour the training facilities of Stock and Barrel. These Activities of Stock and Barrel, whether offered individually or as a group, are inherently dangerous and include discharge of live ammunition, use of force, and use of alternative force by individuals, class members and instructors, in various situations, including simulated combat situations. These Activities may pose safety risks for Participants and their property.
The individual named below (referred to as “I” or “me”) desires to be a Participant in an Activity provided or sponsored by Stock and Barrel. In consideration of being permitted by Stock and Barrel to participate in such Activity and the intangible value that I will gain by participating in the Activity, and in recognition of Stock and Barrel’s reliance on this Agreement, I agree to all the terms and conditions set forth in this Agreement.
ASSUMPTION OF RISK
I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IN WHICH I WILL BE A PARTICIPANT IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES A RISK TO ME AND OTHERS OF SERIOUS INJURY, DISABILITY, DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN AS A RESULT OF AN ACTIVITY MAY BE CAUSED OR COMPOUNDED, IN WHOLE OR IN PART, BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF STOCK AND BARREL AND/OR OTHER PARTICIPANTS, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF STOCK AND BARREL AND/OR OTHER PARTICIPANTS.
UNDERSTANDING THESE RISKS, I ACKNOWLEDGE AND AGREE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE RISK INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH AND/OR PROPERTY DAMAGE, ARISING FROM MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF STOCK AND BARREL, OR ITS MANAGERS, MEMBERS, DIRECTORS, OFFICERS AND EMPLOYEES, INDEPENDENT CONTRACTORS, VOLUNTEERS AND AGENTS.
WAIVER, RELEASE AND COVENANT NOT TO SUE
I hereby expressly waive and release any and all Claims against Stock and Barrel and its officers, directors, members, managers, employees, agents, representatives, affiliates, successors and assigns (collectively, “Released Parties”), on account of injury, disability, death, or property damage arising out of or attributable to an Activity, whether arising out of the ordinary negligence of Stock and Barrel and/or one or more Released Parties or otherwise. The term “Claims” includes all actual, suspected or potential claims, suits, controversies, causes of action, cross-claims, counterclaims, demands, debts or liabilities of any kind in law and in equity, whether known or unknown, suspected, or claimed, seeking any form of relief including damages (compensatory, punitive, etc.), assessments, attorney’s fees, injunctive or other equitable relief, costs, disbursements and interest.
I covenant not to make or bring any such Claim against Stock and Barrel or any other Released Party, and forever release and discharge Stock and Barrel and all Released Parties from liability under such Claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that Minnesota law does not permit to be released by agreement.
I understand that I will be a Participant in an Activity under the express condition that Stock and Barrel is free from any and all liability and Claims of damage or any injury to any person or persons. I undertake and agree that I will defend, indemnify, and hold harmless Stock and Barrel and all Released Parties against any and all Claims liabilities, judgments, settlements, awards, penalties, fines, costs, or expenses of whatever kind, the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by/awarded against Stock and Barrel or any other Released Party, arising out of or resulting from any claim of a third party related to an Activity, including any claim related to my own negligence or the ordinary negligence of Stock and Barrel or any other Released Party.
CONSENT TO MEDICAL TREATMENT
I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in an Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless Stock and Barrel and all Released Parties from any claim based on such treatment or other medical services.
This Release constitutes the sole and entire agreement of Stock and Barrel and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. This Agreement is binding on and shall inure to the benefit of Stock and Barrel, me and our respective successors and assigns.
Whenever possible, each provision of this Agreement is to be interpreted so as to be valid under applicable law. If any term or provision of this Agreement is deemed invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. All matters arising out of or relating to this Agreement or my participation in an Activity shall be governed by and construed in accordance with the laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Hennepin County, Minnesota and I hereby consent to the exclusive jurisdiction of such courts.
I understand that I must obey all verbal and written instructions given to me by Stock and Barrel and its instructors and employees while using the shooting range, training facilities or the gun shop.
I understand that Stock and Barrel stands by the NRA’s recommendation to avoid training and recreational shooting during pregnancy. I accept that the risk mine/ours if I/we choose to enter the range even if it is only to observe. For more information on the risks, please see the front desk.
I acknowledge that I have read, understood and accept the Range Safety Rules. I understand that failure to follow the Range Safety Rules could result in temporary or permanent removal from Stock and Barrel.
I understand that Stock and Barrel respects my privacy, but they require a valid phone number and email address to validate this waiver. I accept that Stock and Barrel will use this information for necessary communication and member identification. Stock and Barrel will also send me information about sales and promotions, but I may opt out of promotional emails at any time. I give Stock and Barrel permission to contact me via phone or email if they need additional personal information and to keep me updated on news and promotions.
I have watched the safety video, and I understand Stock and Barrel requires this for all participants, even if they do not enter the range.
I am 18 years or older and either a U.S. citizen or a legal resident.
I am legally able to possess a firearm in the United States.
I am not currently the subject of a criminal investigation nor am I the subject of a domestic protection or civil restraining order. I have never been convicted of a felony, either as a juvenile or an adult. I am not under a felony indictment in any court. I am not a fugitive from justice.
I am in sound body and mind and I am not an unlawful user or an addict of any controlled substance.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE STOCK AND BARREL.
Date: January 28, 2023