USER AGREEMENT, RELEASE, INDEMNIFICATION AND WAIVER OF LIABILITY
YOU MUST BE AT LEAST 18 YEARS OF AGE IN ORDER TO COMPLETE THIS FORM.
IF YOU ARE UNDER 18, YOU MUST BE ACCOMPANIED BY YOUR PARENT OR LEGAL GUARDIAN AND THEY MUST COMPLETE THIS FORM.
This user agreement, release, indemnification and waiver of liability is executed by the undersigned ("User") in favor of and for the benefit of Blackstone Shooting Sports, LLC, a North Carolina limited liability company ("Blackstone"), and its owners, managers, officers, employees, contractors, agents, and any other persons or entities acting on behalf of such entity (collectively with Blackstone, the "Blackstone Parties"), in consideration of Blackstone's allowing User to use its facilities and its equipment.
1. As a material inducement to Blackstone's permitting User to use Blackstone's facilities and equipment, User hereby acknowledges, agrees, and represents as follows, effective as of every time that User uses Blackstone's facilities and equipment:
a. User is at least 18 years of age.
b. If User is acompanied by one ore more minors ("Accompanying Minors"), User is the parent or legal guardian of such Accompanying Minors and warrants that the statements contained herein are true and correct with respect to such Accompanying Minors. User understands and agrees that User will be solely responsible for the safety and responsibility of such Accompanying Minors.
c. User is mentally and physically capable of and qualified to safely use firearms, ammunition, and the equipment that User will be using at Blackstone's facility.
d. User is not and has not prior to shooting been under the influence of any drugs or alcohol.
e. User is not prohibited under any federal or state law or regulation from possessing a firearm.
f. User has never committed a violent crime.
g. User is capable of reading English and has read and become thoroughly familiar with, and at all times will comply with, Blackstone's range rules and safety procedures, which rules are incorporated herein by this reference and are posted in the facility and on Blackstone's website. User agrees to strictly and promptly comply with all instructions received from Blackstone's range officers and staff when on Blackstone premises. User further acknowledges and agrees that Blackstone can expel or exclude User from its premises for violating such standards, rules, and directions, or for any other reason in Blackstone's sole discretion.
h. User is aware that lead in ammunition is a hazardous substance that 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 firearm, or otherwise using the Blackstone shooting range, especially prior to drinking or consuming any food.
i. User is aware of the inherently dangerous nature of firearms and ammunition and fully understand they can cause serious injury, disability, or death, and that these risks may be caused by User's own negligence or by the negligence or fault of others.
2. User knowingly and voluntarily assumes all risks, known or unknown, anticipated or unanticipated, whether caused by the negligent acts or omissions of User, the Blackstone Parties, or third parties.
3. User understands the proper and safe operation of the firearm that User will be using.
4. USER, ON BEHALF OF USER, ANY ACCOMPANYING MINORS, AND USER'S AND ANY ACCOMPANYING MINORS' HEIRS, PERSONAL REPRESENTATIVES, ADMINISTRATORS, EXECUTORS, NEXT-OF-KIN, AND ASSIGNS, FOREVER:
a. WAIVES AND RELEASES THE BLACKSTONE PARTIES FROM ANY LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF OR CAUSED IN ANY WAY BY THE USE (BY USER, ANY ACCOMPANYING MINORS, OR ANY THIRD PARTY) OF BLACKSTONE'S FACILITIES AND EQUIPMENT, WHETHER CAUSED BY A BLACKSTONE PARTYS NEGLIGENCE OR OTHERWISE.
b. COVENANTS NOT TO SUE ANY BLACKSTONE PARTY WITH RESPECT TO OR FOR ANY CLAIM, DEMAND, CHARGE, SUIT, JUDGMENT, PENALTY, COST, OR EXPENSES (INCLUDING ATTORNEYS FEES) ARISING OUT OF OR CAUSED, DIRECTLY OR INDIRECTLY, BY USER'S OR ANY ACCOMPANYING MINORS' USE OF BLACKSTONE'S FACILITIES AND EQUIPMENT.
5. USER AGREES TO INDEMNIFY, DEFEND, PROTECT, AND HOLD HARMLESS THE BLACKSTONE PARTIES FROM AND AGAINST ANY 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 BLACKSTONE PARTIES, WHETHER THEY ARE BASED ON ANY BLACKSTONE PARTYS NEGLIGENCE OR OTHERWISE, WHICH ARISE IN ANY MANNER AS A RESULT OF USER'S OR ANY ACCOMPANYING MINORS' USE OF BLACKSTONE'S FACILITIES AND EQUIPMENT.
6. The agreement, including the release, waiver, and indeminifcation provisions contained herein, shall be construed broadly to proivde a release, indemnification, and waiver to the maximum extent permitted under applicable law.
7. The foregoing indemnity shall not terminate upon completion of User's use of the facilities or equipment of Blackstone and shall survive for all future uses of the Blackstone premises or equipment by User and all applicable periods of limitation of actions, plus the duration of all claims, litigation, and appeals arising any way from User's use of the premises or equipment of Blackstone.
8. User agrees to be held financially responsible for all claims or demands by Blackstone or any third party for any personal injury or property damage arising out of or caused by User's or any Accompanying Minor's actions while using Blackstone's facilities or equipment.
9. User acknowledges that this agreement may be signed and/or stored digitally and agrees 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 an original signed document.