Risk, Release & Indemnity Agreement
DEZ Tactical Arms, Inc.
I hereby acknowledge that I have voluntarily applied to enter on to and to engage in or to observe shooting and other activities at the DEZ Tactical Arms Indoor Shooting Range (the "RANGE" or DTAR). I further acknowledge and understand that "shooting and other activities" includes any and all activities of any kind whatsoever in which I engage or observe while at the DTAR, regardless of the sponsoring party.
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. The 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 understand that such risks cannot be eliminated without compromising the essential qualities of shooting activities.
I FURTHER ACKNOWLEGE AND UNDERSTAND THAT the nature and condition of the DTAR facilities, premises and environment is such that both known and unanticipated hazards exist which create or contribute to both known and unanticipated risks inherent in entering on to the RANGE, in using RANGE facilities and in engaging in or observing any activities of any kind whatsoever while at the RANGE.
I FURTHER ACKNOWLEDGE AND UNDERSTAND THAT DEZ TACTICAL ARMS INDOOR SHOOTING RANGE has no duty to undertake first-aid or rescue operations or procedures in the event any such property damage or physical or emotional injury occurs, and that any such operations or procedures may result in compounded or increased damages or injuries.
I FURTHER ACKNOWLEDGE AND UNDERSTAND THAT DEZ TACTICAL ARMS INDOOR SHOOTING RANGE makes no warrant as to the design, manufacture, maintenance, condition or fitness for any particular purpose of any RANGE facilities or equipment, including, but not limited to: firearms, ammunition, eye/hearing protection, and first-aid supplies.
As lawful consideration for being permitted by DEZ Tactical Arms Indoor Shooting Range to enter on the RANGE, to use RANGE facilities or equipment and to engage in or observe shooting and other activities at the RANGE, as either a Member or a Guest, I agree as follows:
I EXPRESSLY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS EXISTING ON THE RANGE AND IN 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 assume all responsibility and liability for any act or acts, even any negligent, reckless or criminal act or omission to act, or my Guests at the RANGE (I understand that my "Guests" includes any and all persons who are not a Member of DTAR, who enter on to the RANGE, use the RANGE facilities or engage in or observe shooting and other activities at the RANGE as a result of my express invitation, permission or consent). I agree that I will ensure that each of my Guests read and sign a RISK, RELEASE & IDEMNITY AGREEMENT.
I AGREE TO ABIDE BY ALL DTAR AND RANGE RULES, and to ensure that my Guests do so as well.
I AGREE that I, my next of kin, heirs, guardians, representatives and assigns HEREBY RELEASE AND FOREVER DISCHARGE AND AGREE NOT TO SUE DEZ TACTICAL ARMS or its assigns (I understand that "DEZ Tactical Arms" includes any and all officer, directors, attorneys, agents, employees, contractors, volunteers, guest and affiliated individuals or organizations of DEZ Tactical Arms) from and against any and all claims, demands, damages, expenses, causes of action, attachments of property, or liability of any kind whatsoever, that I, my next of kin, heirs, guardians, representatives or assigns may have, including by not limited to, property damage, personal injury or death resulting from me or my Guests entering on to the RANGE, using RANGE facilities or equipment, or engaging in or observing shooting and other activities at the RANGE, even if such claims, demands, damages, expenses, causes of action, attachments of property, or liability result partially or wholly from any act or acts, even any negligent act or omission to act, including negligent or omitted first-aid or rescue operations or procedures by DEZ Tactical Arms (DTAR).
I AGREE that I, my next of kin, heirs, guardians, representatives and assigns HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS DTAR from and against any and all claims, demands, damages, expenses, causes of action, attachments or property, or liability of any kind whatsoever, including reasonable attorneys' fees and costs, that I, my next of kin, heirs, guardians, representatives or assigns, my Guests or anyone else, may have, including but not limited to property damage, personal injury or death, whether suffered by me, by my Guests, or by anyone else, resulting from me or my Guests entering on to the RANGE, using RANGE facilities or equipment, or engaging in or observing shooting and other activities at the RANGE, even if such claims, demands, damages, expenses, causes of action, attachments or property, or liability result partially or wholly from any act or acts, even any negligent act or omission to act, including negligent or omitted first-aid or rescue operations or procedures by DEZ Tactical Arms (DTAR).
I ACKNOWLEGE AND AGREE that this Agreement shall be interpreted and enforced under the laws of the State of Wisconsin, and that the venue for any action or proceeding shall be the State of Wisconsin, without regard for the conflict of law rules of the State of Wisconsin.
I AGREE that any action at law (including arbitration) requiring DTAR to enforce or interpret the terms of this agreement, DTAR will be entitled to reasonable attorneys fees, cost, and to any other relief which DTAR may be entitled.
I FURTHER ACKNOWLEDGE AND AGREE that this Agreement is intended to be as broad and inclusive as permitted by law, and that if any provision or portion is held to be invalid, void or otherwise unenforceable, I agree and intend that the remaining provisions or portion shall continue and remain in full legal force and effect,
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 and Shall be applicable to each and every occasion that I or my Guests enter on to the RANGE, use RANGE facilities or equipment or engage in or observe shooting and other activities at the RANGE.
I have carefully read this "Risk, Release & Indemnity Agreement" and fully know its contents. 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 DTAR.
I UNDERSTAND THAT BY MY SIGNATURE I AM GIVING UP SUBSTANTIAL RIGHTS; THAT I AM AGREEING NOT TO SUE DEZ TACTICAL ARMS AND RELEASING AND HOLDING HARMLESS DEZ TACTICAL ARMS OF ALL LIABILITY.
Gun Safety Is Important! Please read all of the following safety rules. Please understand that the strict enforcement of these rules is for your safety and the safety of those around you. Infractions of the safety rules can be cause for immediate dismissal from the facility and cancellation of membership or range time. There will be NO REFUNDS of money for customers that do not abide by the rules and have had their membership or range time revoked.
Basic Gun Safety Rules:
1. Consider all firearms to be loaded at all times. Keep the action open and the barrel pointed in a safe direction and unloaded until ready to shoot.
2. Always keep your finger off the trigger and out of the trigger guard until ready to shoot.
3. Always keep the gun unloaded until ready to use.
4. Be sure the gun is safe to operate. If you are not sure, ask for assistance from the range staff.
5. Know how to use the gun safely. If you are not sure, ask for assistance from the range staff.
6. Use only the correct ammunition for your gun.
7. Know your target and surroundings at all times.
8. Wear appropriate eye and ear protection.
9. Never use alcohol or drugs before or while shooting.
10. Store guns so they are no accessible to unauthorized persons.
Additional DEZ Tactical Arms Indoor Shooting Range and Safety Rules:
1. ABSOLUTELY NO LOADED FIREARM WILL BE ALLOWED TO ENTER OR EXIT THE FIRING RANGE FACILITY. All firearms not on the firing line must be unloaded with their action open and the magazine removed, or unloaded and encased. Exception: Sworn Law Enforcement or Concealed Carry Permit Holders whose weapons my remain holstered while not on the firing line.
2. All shooters must watch the Firearm Safety Video, complete and sign the DEZ Tactical Arms Range Waiver and Release of Liability, as well as the Assumption of Risk and Indemnity agreement before using the range.
3. Commands issued by the Range Officers and Range Personnel must be obeyed immediately and without question. The Range Officer will have the FINAL word in ALL matters. If the Range Officer feels that you are unfit to use the range for ANY REASON, you will be denied access.
4. Do not load your weapon unless you are in the shooting stall (booth).
5. Do not exit the shooting stall (booth) with a loaded weapon. Sworn law enforcement or concealed carry permit holders may exit the range with a loaded weapon in a holster. The weapon must remain in the holster while on the premises.
6. The range is always considered HOT unless declared otherwise. This means that firing may commence at any time; you are free to handle your firearm and everyone must remain behind the firing line.
7. When the command CEASE FIRE is given, or the Range Alarm sounds.
a. Stop shooting IMMEDIATELY.
b. Remove your finger from the trigger.
c. Keep the gun pointed in a safe direction.
d. Wait for further instructions from the Range Officer.
e. Anyone on the range may issue a CEASE FIRE command upon a safety violation or emergency.
8. Eye and ear protection must worn before entering the range, and must be worn at all times while on the range.
1. Persons under 18 years of age must be accompanied by a parent or guardian over the age of 25. Children must be 9 years or older to shoot on the range. The parent or guardian must remain with the underage member at all times while in the firing area.
2. DEZ Tactical Arms reserves the right to photograph or videotape all patrons.
3. Food, beverages, physically impairing products and the use of tobacco products are prohibited on the range. Smoking is prohibited throughout the building. Lead is a poison, so for your safety, always wash your hands and face immediately after shooting and/or cleaning your firearm.
4. Women who are, or may be, or trying to become pregnant should not be inside the range. Hearing damage and lead exposure are serious risks for the unborn baby.
5. Only one person is permitted to shoot from a firing lane at a time. Not more than three people will be assigned to a firing lane.
DEZ Tactical Arms Indoor Shooting Range Operational Procedures
1. All federal, state and local firearm laws must be obeyed.
2. No open toe or heeled shoes allowed in the ranges.
3. Prior to shooting, Range Staff will assign you to a lane. No one will be allowed to change lanes unless authorized by Range Staff. If authorized, firearms bust be unloaded and cleared prior to changing lanes.
4. All weapons must be unloaded and ready for inspection by DEZ Tactical Arms staff prior to range use.
5. Only approved ammunition may be used. Ammunition brought into the range is subject to inspection by DEZ Tactical Arms Staff. Steel core projectiles are not allowed, and will be checked with a magnet. No tracer, high explosive, or incendiary type ammunition is allowed. Shotgun ammunition: Only Slugs are allowed inside to be used on the range.
6. When leaving the firing position temporarily, the firearm must be left unloaded and in the clear position, (action open with the ejection port or cylinder up, magazine removed) and be pointed down range.
7. ANY shot that results in the bullet striking anything other than the target and/or backstop will result in a damage or repair fine for $20.00 per impact. If damage done to the range is substantial (exceeds $20.00), the shooter will be responsible for any and all costs to repair the equipment. This may also result in your removal from the range, permanent ejection from the facility and revocation of any passes or membership without refund of money. Be sure that targets are hung below the red line on the target carrier to ensure you strike ONLY YOUR TARGET to avoid any fines.
8. The shooter is responsible for any abnormal damage to the range. Hitting the ceiling, walls, target carrier, target rails or lights is considered abnormal.
9. Cross firing of targets is prohibited.
10. You may only draw and fire from a holster only if you're Sworn Law Enforcement, or if you've attended, and passed the DEZ Tactical Arms certification. Shoulder holsters, ankle holsters, small of the back, and cross-draw holsters may not be used.
11. Controlled Rapid Fire is acceptable only under the following conditions:
a. Each round must strike the intended target and you must shoot within your abilities.
b. Failure to control your fire will result in removal from the range. You will have to pay the cost of repair to the range and/or $20.00 per impact.
12. If firing from any supported position (booth bench, bipod, shooting blocks, sand bags, lead sleds, etc.) on the range, targets must be placed at the maximum distance (25 yards) down range. Prone, Kneeling or Sitting on the floor shooting positions are NOT ALLOWED on the range.
a. Keep the muzzle pointed down range and wait at least 30 seconds before clearing the misfire or notifying a Range Officer.
b. If you need assistance clearing the malfunction, notify a Range Officer by using the "Help" feature on your range control screen.
c. DO NOT take jammed or malfunctioning firearms out of the shooting booth. Simply place the firearm on the bench with the muzzle pointed down range. Ask a Range officer for help clearing the firearm by using the "Help" feature on your range control screen.
14. You will be required to temporarily surrender your annual membership pass and drivers license for lane assignments. Upon leaving the range, cards will be returned.
15. Anyone using offensive language, behaving in an unprofessional manner or in any way being a nuisance or distraction to others will be barred from the facility, without refund of money.
16. In order to minimize noise in the lobby area, the facility has an airlock system installed on the range entry/exit doors. You must waive your hand in from of the proximity sensor before the door can be opened. Both doors cannot be opened at the same when entering or exiting the range. Please ensure the door fully closes behind you before attempting to open the next door. Do not keep doors held open.
17. DEZ Tactical Arms is not responsible for any customer belongings lost or stolen while on the premises.
18. If you have read this information in its entirety, please print and sign your name at the bottom of this page.
Firearm Eligibility Statement:
I assert that I am not prohibited by law from possessing or handling firearms as defined by 18 U.S.C. 922 (g).
(g) It shall be unlawful for any person—
who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
who is a fugitive from justice;
who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
who has been adjudicated as a mental defective or who has been committed to a mental institution;
(5) who, being an alien—
is illegally or unlawfully in the United States; or
except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));
who has been discharged from the Armed Forces under dishonorable conditions;
who, having been a citizen of the United States, has renounced his citizenship;
(8) who is subject to a court order that—
was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
who has been convicted in any court of a misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
My signature on this document attests that I am not considered a prohibited person from owning or possessing a firearm.
I UNDERSTAND THAT BY MY SIGNATURE I HAVE READ AND AGREE TO BE HELD RESPONSIBLE FOR ANY AND ALL SAFETY VIOLATIONS REGARDLESS IF ANY AFETY ISSUE IS NOT LISTED HERIN. I UNDERSTAND THAT I HAVE SOLE RESPONSIBILY FOR MY SAFETY AND THE SAFETY OF MY GUESTS.