THIS IS A BINDING LEGAL AGREEMENT. Read it carefully before signing. By signing this Agreement, you are waiving important legal rights, including the right to sue or claim compensation following an accident, injury or death. For purposes of this Agreement, Elite Firearms & Training means Elite Firearms & Training LLC, Personal Safety Alliance LLC and its officers, officials, directors, members, owners, shareholders, employees, agents and representatives.
1. Agreement to Follow all Safety Rules and Directions:
In consideration for me being permitted access and use of any and all shooting, training and practice ranges of Elite Firearms & Training, whether used for live or virtual fire, in any capacity (the “Range”), including, if applicable, Elite Firearms & Training’s property of any form, tangible or intangible, including real estate, buildings, erections, goods, products, firearms, ammunition, or any object owned, whether wholly or partially by Elite Firearms & Training, (collectively, “Property”), I, (Participant), hereby agree to follow and comply with the written safety rules, Range procedures, and directions, whether written or oral, of Elite Firearms & Training.
2. Non-Prohibited Person Declaration:
By signing this Agreement, I declare that:
a. I am not currently under indictment and have never been convicted in any court of a crime that could have been punished by more than one year in jail, regardless of the actual sentence imposed.
b. I am not an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance; and I will not be under the influence of alcohol or any illegal, prescription or over-the-counter drug while using the Range and/or participating in related activities.
c. I have never been adjudicated mentally defective or committed to a mental institution; and I am not subject to a court order restraining me from harassing, stalking, or threatening my child or an intimate partner or child of such partner.
3. Assumption of Risk:
I understand that my use of Elite Firearms & Training’s Range and Property involves numerous serious risks, including the risk of death, serious physical injury and Property damage. These risks involve, but are not limited to, the risk that I may be injured by: shooting myself or being shot by someone else; being injured by ricochet bullets or fragments, splatter or splashback from targets, target frames or the Range backstop; risk of firearms or ammunition exploding or bursting; risk of my falling, slipping, tripping or stumbling anywhere in Elite Firearms & Training’s Range or on its Property; risk of my suffering serious eye injury or blindness, hearing loss or deafness, brain damage, lead poisoning, broken bones, paralysis, sprains, strains, burns, cuts and other injuries resulting from use of Elite Firearms & Training’s Range and Property; risks of emotional and psychological injury; and other risks too varied and numerous to specify. I understand and acknowledge such risks, and hereby knowingly, voluntarily and expressly choose to use the Elite Firearms & Training range and Property and hereby assume full and exclusive responsibility for all such risks, known and unknown, associated with, because of, arising out of, in connection with or in relation to the use of the Range and/or Property, including those which may be caused by the negligence or claimed negligence of Elite Firearms & Training.
4. Waiver and Liability Release:
I agree to assume full responsibility for any and all damages, including, but not limited to, personal injury, death, disability, medical and/or other expenses, which I may sustain associated with, because of, arising out of, in connection with or in relation to my use of Elite Firearms & Training’s Range and/or Property. I hereby forever release, discharge, and agree not to sue Elite Firearms & Training, its members, officers, directors, employees, agents, insurers, representatives, assigns, affiliates, and others acting on its behalf (collectively, the "Releasees") from and/or for all claims, liabilities of any kind, demands, damages (including but not limited to direct, indirect, incidental, special and/or consequential damages), losses, costs (including but not limited to court costs, attorneys' fees and litigation expenses arising from any legal proceedings which I might bring contrary to this Agreement, actions, or causes of action of any kind or nature (whether they occur now or in the future, and whether they are known or unknown), that may be associated with, because of, arising out of, in connection with or in relation to my use of the Range and/or Property (collectively, "Claims"). I hereby waive any right I may have to make Claims against the Releasees for any damages sustained by me that may directly or indirectly be associated with, because of, arising out of, in connection with or in relation to my use of the Range and/or Property. I understand and agree that the foregoing waiver and liability release applies even if the Claims are caused by the negligent acts, omissions or carelessness of any of the Releasees. I understand and agree that the foregoing waiver and liability release applies to myself as well as my spouse, children, parents, guardians, heirs, administrators, personal representatives, successors, assigns, or any other person who might submit a Claim or sue on my behalf. This Waiver and Liability Release includes, without limitation, Claims related to (i) my use of the Range and Property, (ii) the condition and maintenance of the Range and Property, and (iii) the content and sufficiency of instruction and training, if any, which may be provided.
5. Hold Harmless and Indemnification:
I shall indemnify and hold harmless Elite Firearms & Training and Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, arising out of, or resulting from, any claim of a third party related to my use of the Range and/or Property and arising from my conduct or actions. I hereby agree to pay Elite Firearms & Training for loss or damage due to my own intentional act, negligence or carelessness.
6. General Conditions:
a. To the extent that any provision of this Agreement is held to conflict with or be unenforceable under applicable law, I agree that this Agreement shall be modified by the Court to the least extent possible to render it enforceable, and shall be enforced as so modified.
b. I hereby further agree that this Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania and that any legal dispute arising hereunder will be litigated in the courts of the Commonwealth of Pennsylvania, and specifically Allegheny County or the Western District of Pennsylvania. I accept the personal jurisdiction of the courts of the Commonwealth of Pennsylvania, and I waive my right to a jury trial in connection with any such legal dispute. If my jury trial waiver is deemed unenforceable, then I agree that any dispute shall be resolved by common law arbitration. If any portion of this Agreement is deemed unenforceable, the remainder shall be given full force and effect.
c. Cancellation of monthly memberships require a 30 day written notice. A $50 resubscription fee will apply to re-start the membership if cancelled within the first year.
7. Photo Release : I hereby authorize the use, publication, and reproduction at any time by Jody Salerno, Personal Safety Alliance, Elite Firearms & Training and/or the parent association of the photographs during the training that may include my likeness, for any editorial, advertising, promotion, and any other purpose whatsoever, and hereby waive all claims or rights arising out of such use, publication or reproduction. I also waive any right to insepct or approve the finished materials in which such photographs will be used.
BY SIGNING BELOW, I AFFIRM THAT I HAVE READ THIS ENTIRE RELEASE OF LIABILITY, WAIVER OF CLAIM, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENTS, AND THAT I AM INTENTIONALLY AND VOLUNTARILY SIGNING IT AS A CONDITION OF MY USE OF THE RANGE AND/OR PROPERTY AND WITH THE INTENT TO BE LEGALLY BOUND.