Release of Liability, Waiver and Assumption of Risk Agreement
In consideration of being allowed to enter and use the facilities (all of which hereinafter referred to as the “Facilities”) and participate in the activities of The Brooking County Outdoor Adventure Center (hereinafter referred to as BROOKINGS COUNTY OUTDOOR ADVENTURE CENTER) located at 2810 22ndAve. S. Brookings, S.D. 57006, here by agreed to each of the following term and conditions of this Agreement, and I have initiated each as having been read and understood by me.
Assumption of Risk: I CHOOSE TO PARTICIPATE DESIPITE KNOWING THE INHERENT RISH INVOLVED, THAT I WILL BE ON A FIREARM SHOOTING RANGE WHERE EITHER BY MY ACTIONS OR THAT OF ANOTHER, USING A FIREARM WITH AMMUNITION CAN CAUSE INJURY, DISABILITY, DEATH, I HEREBY ASSUME ALL INHERENT RISKS TO MY PERSON AND/OR PROPERTY BY ON MY OWN FREE WILL.
Waiver and Release: In consideration of the Facilities agreement to allow me to use and be on the range, I for myself and on my behalf of my heirs, assigns, personal representative and next of kin voluntarily agree to HEREBY RELEASE WAVE, DEFEND, INDEMNIFY, HOLD HARMLESS, AND FOREVER DISCHARGE, The BROOKINGS COUNTY OUTDOOR ADVENTURE CENTER and its employees, officers agents, members, contractors, other participants and any other personal or entities (“Releases”), from any and all claims, WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, loss of services, or loss or damage to person or property, or otherwise, associated with my presence or participation, whether arising from negligence or the Releases’ or otherwise, to the fullest extent permitted by law.
Agreement of Use: I am familiar with and understand the operation of each firearm (Rifle, Handgun, and Shotgun) which I will use on the range. I accept the full and complete responsibility for my use of such firearms and those whom I allow to use such items. I accept full responsibility for any damage or destruction I cause to the range property, whether accidental, negligent, willful or otherwise. The range property incudes, but is not limited to, the facility, range equipment, target frames, target support or mechanisms, firearms, signs, and all equipment, electrical or otherwise, infrastructure and includes the wall and floors of the facility. The facility reserves the right to recover from me a reasonable charge for any such damage and is entitled to recover its costs, including reasonable attorney’s fees, incurred in bringing any claim for such damage. I also understand and consent to being asked to leave if my conduct is threatening, cause for concern, creates a safety hazard or deemed inappropriate by the Facility staff at any time without compensation.
General Firearm Safety Rules
Treat every firearm as if it were loaded
Shoot down range ONLY at the backstop
Never point a firearm at anything or anyone that you do not intend to shoot
Keep your finger off the trigger until you are ready to shoot
Always be aware of your target and what is beyond it.
Age Requirements and Restrictions:
Due to the possibility of lead contamination and the presence of high noise levels, it is recommended that pregnant women or women planning to become pregnant not use the range.
All shooting must be done from behind the lane bench.
Any person who is under the influence of alcohol and/or drugs will not be permitted to use the firing range and will be asked to leave the range area.
All shooters under the age of 18 must be accompanied by an adult who must sign a waiver and stay with the underage shooter at all times.
Flip-flops, sandals or open toe footwear of any kind is prohibited.
Tank-tops, low-cut tops or bare mid-riff tops are prohibited.
Clothing which displays offensive or obscene graphics as determined by the range staff will not be permitted.
Loose garments, torn garments, or undergarment worn as outer garments that may present a hazard while shooting is not permitted.
Eye and hearing protection are mandatory on the range.
All firearms that are not carried concealed must be unloaded and cased. While going to or from the range.
Only authorized firearms and ammunition may be used on the range. Tracer, incendiary, explosive, or other destructive ammunition, including buckshot, black powder and black powder substitutes and shells containing multiple projectiles are strictly prohibited.
Range Safety Rules:
Shooters are to obey all instructions and commands given by the Range Safety Officers at all times.
No food, tobacco products or beverages are allowed in the range area.
All firearms are to be unloaded and secured in a case upon entering the gun range.
Do not load firearms behind the firing line. All firearms must be loaded and unloaded in your assigned shooting lane. No loaded firearms many leave the firing lane.
Fully automatic firearms are not permitted on the range.
Shooters are to keep their firearm pointed in a safe direction at all times.
Shooters should keep their fingers off the trigger and outside the trigger guard until ready to shoot.
Shooters are to fire only one firearm at a time. When finished, unload and case the firearm before uncasing the next firearm.
No handling of firearms will be permitted outside the shooting booth.
Targets should be full size and placed at eye level or in such a manner as to ensure all rounds impact the rubber backstop and avoid striking the ceiling, target carrier, or target track. Targets that are deemed obscene or offensive to customers will not be allowed.
Cross lane shooting or shooting at a target not in your lane is not permitted.
Alcohol or drug use before or while shooting is strictly prohibited. Any person suspected of drug or alcohol use will be asked to leave the property.
No drawing from a holster, kneeling or prone shooting position is allowed.
You may retrieve your brass that is behind the firing line. Under no circumstances will any person be permitted past the firing line for any reason. Specialty brass that is forward of the firing line may only be retrieved by contacting the range officer first.
In the event of a firearm malfunction that you are unable to clear, keep the firearm pointed downrange and request assistance from the range officer. A range safety officer will assist you with the malfunction.
I have careful read this Release of Liability, Waiver and Assumption of Risk Agreement and I FULLY UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I THEREFORE SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INNDUCEMENT OR PREJUDICCE.
April 6, 2020