I hereby acknowledge that the following understanding and agreement shall apply to and govern any shooting and other activities related to my use or membership at the range owned and operated by Hobbs Island Shooting Range LLC d/b/a Hobbs Island Shooting Range (the range facility, and Hobbs Island Shooting Range LLC, are collectively referred to herein as the “RANGE”). These activities include, but are not limited to, the use and discharge of firearms at the RANGE, the use and discharge of rental firearms provided by the RANGE, if any, and any services and training by owners, employees, or agents of the RANGE.
I acknowledge and understand that shooting activities are inherently hazardous and involve both known and unanticipated risks which could result in damage or destruction of property and physical or emotional injury, including paralysis or death, of myself or of other persons. These risks include, but are not limited to: being shot by or shooting myself or others; partial or total loss of eyesight or hearing; inhalation or other harmful contact with lead or other contaminants; and being struck by flying or falling objects. I further understand that the discharging of firearms and the use of ammunition have inherent dangers that no amount of care, instruction, or expertise can eliminate.
I further acknowledge and understand that the RANGE is a facility which utilizes a series of component parts, including a bullet trap or dirt berm to decelerate and manage discharged ammunition; however, I understand that these component parts, bullet traps and dirt berms of the RANGE, do not, in every instance, contain bullets or bullet fragments, and have been known to cause ricochets which could cause serious personal injury or death.
I further acknowledge and understand that the RANGE makes no warranty as to the design, manufacture, condition or fitness for any particular purpose of any RANGE facilities or equipment, including, but not limited to: safety features, firearms, ammunition, eye/hearing protection, and first-aid supplies
I represent that my presence at the RANGE, and possession, handling, and/or use of any firearm at the RANGE will not be in violation of any applicable law, contrary to any medical advice that I have received, or warnings related to legally prescribed drugs that I may be taking to treat any condition. I represent that I:
have never been convicted of, or am under indictment for, a crime punishable by imprisonment for more than one year;
am not a fugitive from justice; am not an unlawful user of or addicted to a controlled substance;
have not been adjudicated as a mental defective or committed to a mental institution;
am lawfully in the United States or have been admitted to the U.S. under a nonimmigrant visa;
have not been dishonorably discharged from the military;
have not renounced my U.S. citizenship;
am not subject to a court order restraining me from harassing, stalking or threatening an intimate partner, my child, or a child of a partner, or engaged in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child;
have not been convicted of a misdemeanor offense of domestic violence.
I represent that I am experienced and skilled in the proper handling, loading, use, and discharge of all firearms and ammunition I intend to use at the RANGE.
I understand that the RANGE is specifically relying on the truth of my representations concerning my experience with firearms, in permitting me to make use of the RANGE.
I am at least 19 years of age.
As lawful consideration for being permitted to enter on to the RANGE, to use RANGE facilities or equipment and to engage in or observe shooting and other activities at the RANGE, I agree as follows:
I agree to assume full responsibility for any and all risks, injuries, or damages, known or unknown, of whatsoever any kind and nature, which I might incur as a result of entering on to the RANGE and in using RANGE facilities or equipment and in engaging in or observing shooting and other activities at the RANGE.
I agree to abide by the RANGE’s Range Safety Rules, and any published instructions from the RANGE for use of the RANGE as may be modified and published from time to time by the RANGE, and lawful instructions provided by the RANGE or its owner(s), employees, or agents overseeing or supervising use of the RANGE. I knowingly, voluntarily, and expressly waive any and all claims I, my next of kin, heirs, guardians, representatives, assigns or any other person claiming under me completely and without reservation that I may have against the RANGE, its agents, officers, members, employees, instructors, volunteers, insurers, or representatives from any and all injuries or damages that I may sustain as a result of me entering on to the RANGE, using RANGE facilities or equipment, or engaging in or observing shooting range activities. Also, I, my next of kin, heirs, guardians, representatives, assigns or any other person claiming under me, forever release, waive, discharge and covenant not to sue the RANGE, its owners, agents, officers, employees, instructors, volunteers, insurers, or representatives for any personal injury, death, disability, property damage, property theft or acts and/or omissions of whatsoever kind and nature including, but not limited to, those caused by its negligence or other acts including, but not limited to, those acts and/or omissions of other participants or persons at the RANGE.
I agree to defend, indemnify, and hold harmless the RANGE, its owners, agents, officers, employees, instructors, volunteers, insurers, or representatives from all claims, demands, liabilities, fines, penalties, losses, and damages (including costs, litigation expenses, and attorneys’ fees incurred in connection therewith) (collectively “Claims”) for (i) any personal injury, death, disability, property damage, or acts and/or omissions of whatsoever kind and, resulting in part or in whole as a result of entering on to the RANGE and in using RANGE facilities or equipment and in engaging in or observing shooting and other activities at the RANGE, including those caused by the RANGE’s negligence or other acts including, but not limited to, those acts and/or omissions of other participants or persons at the RANGE; and (ii) any damage to the facilities or equipment I cause at the RANGE (including frames, stands, tables, etc.).
This Agreement shall be governed by, and construed in accordance with, the laws of the State of Alabama, without regard to the conflict of laws provisions thereof. Any claim or dispute arising under or related to
this Agreement shall be resolved exclusively in the courts having jurisdiction in Madison County, Alabama. This Agreement shall be enforced in favor of the RANGE to the fullest extent of the law, and in the interpretation of this Agreement, any provision found to be unenforceable by a court of competent jurisdiction shall be considered removed from the agreement so as to make the remaining terms of the Agreement fully enforceable. This Agreement may be executed in any number of counterparts, but all of such counterparts together will constitute one and the same agreement. Once signed, any accurate reproduction of this Agreement or any counterpart made by reliable means (e.g., electronic image or facsimile) is considered an original.
I further acknowledge and agree that it is my understanding and intent that this Agreement, and any signed written amendments or modifications to it, shall remain in full force and effect from the date of execution and ever after shall be applicable to each and every occasion that I enter on to the RANGE, use RANGE facilities or equipment or engage in or observe shooting and other activities at the RANGE. I understand that false acknowledgments or statements in this Agreement shall be grounds for immediate termination of any privileges regarding the RANGE, and authorize the RANGE, at its discretion, to engage third parties to perform a criminal background check to verify the information acknowledged or verified by me herein to protect the RANGE from potential liability.
I have carefully read this "Release, Assumption of Risk, and Indemnity Agreement", fully know its contents, and understand that I am giving up rights to make claims against the RANGE related to my use of the RANGE as a result of signing this. I acknowledge that no other inducement, assurance or guarantee has been made to me in consideration of my signing this Agreement which I sign voluntarily and of my own free will. I further acknowledge and agree that this Agreement may be amended or modified only by a writing signed by me and by an authorized agent of the RANGE.
Today's Date: November 26, 2020
ACCEPTED: Hobbs Island Shooting Range LLC, d/b/a Hobbs Island Shooting Range