The terms and conditions of this Waiver, Release, Indemnification and Hold Harmless Agreement (the “Agreement”) apply to all shooting ranges or venues owned, operated, leased and/or being temporarily used by Parabellum Sporting Goods LLC, DBA WeShoot (hereinafter the “Owner”) and all of their training services. In consideration of the permission granted by PARABELLUM SPORTING GOODS LLC DBA WESHOOT (“Owner”) allowing me to participate in the following shooting, I, herein referred to as “Participant” together with my parent or guardian, if I am under the age of eighteen or under a legal disability, represent, covenant and agree, on behalf of myself and my heirs, assigns, and any other person claiming by, under or through me, as follows: 1. I understand and acknowledge that any training, class or certification course, that involves any type of firearm(s), Taser (CEW), stun devices, weapons, use of force, use of simulation tools, including, but not limited to, the Activity, includes inherent dangers, including, but not limited to, risk of death, substantial bodily harm, injuries, illness and property damage or other harm could occur to me or others. I understand and acknowledge that it is my responsibility to fully appreciate these risks and any others that may exist. I agree that I am voluntarily participating in the Activity and the use of Premises where the Activity is taking place. I knowingly and voluntarily assume and accept all risks, including, but not limited to, the risk of death, substantial bodily harm, injuries, illness and property damage or any form of harm that may occur in connection with the Activity. I understand and acknowledge that Owner is NOT responsible to any loss of, or damage to my personal property, and I accept sole responsibility for my property. I understand and acknowledge that in participating in the Activity, I do so entirely at my own risk. I Agree 2. I understand that due to the dangers associated with the Activity, I must follow, enforce and obey any and all safety precautions, policies and procedures implemented by the Owner. I understand that if I fail to follow any safety precautions, policies or procedures, I will not be permitted to participate in the Activity and I will be asked to vacate the Premises. I Agree 3. I acknowledge that I am physically and mentally capable of performing the Activity. I further acknowledge that I am not under the influence of any illicit drugs or alcohol nor have I taken any medication, within 24 hours, that may impede my ability to properly participate in the Activity. I Agree 4. I understand that Owner may terminate the Activity at its discretion and whenever Owner sees fit. I Agree 5. I knowingly and voluntarily waive any and all claims against Owner, its affiliates, subsidiaries, members, shareholders, employees, officers, instructors, assistants, guests, agents, insurers, family members, representatives, successors, or assigns (hereinafter referred to as, the “Released Parties”) for any and all injuries, damages, losses, illness or claims, whether known or unknown, which arise during or result from my participation in the Activity, regardless of whether or not cause in whole or part by the fault of any of the Released Parties. To the extent that statue or case law does not prohibit releases for negligence, this release is also for negligence on the part of the Released Parties. I release and forever discharge the Released Parties from all such claims. I Agree 6. I agree to indemnify, defend and hold the Released Parties harmless from all losses, liabilities, damages, illness, cost or expenses (including but not limited to reasonable attorneys’ fees and other litigation costs and expenses) incurred by any of the Released Parties as a result of any claims or suits that I (or anyone claiming by, under or through me) may bring against any of the Released Parties to recover any losses, liabilities, costs, damages, or expenses which arise during or result from my participation in the Activity, regardless of whether or not cause in whole or part by the fault of any of the Released Parties. I Agree 7. I understand and agree that to the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Released Parties. I Agree 8. I acknowledge that I have carefully read this “WAIVER, RELEASE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT” and fully understand that it is a release of any and all liability of the Released Parties. I expressly agree to release and discharge the Released Parties from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I may otherwise have to bring a legal action against the Released Parties for wrongful death, personal injury, illness, property damage and other causes of action known or unknown. I understand that I am giving up and waiving rights that I may otherwise have to bring a legal action against the Released Parties, and I do so voluntarily. I Agree 9. Parabellum Sporting Goods LLC, DBA WeShoot, their Instructors and Affiliates do NOT establish, recommend, or endorse any use of force procedures, general orders, or tactics. I Agree 10. Participant has been advised that Owner, its instructors, agents, representatives and affiliates do NOT give and are not giving legal advice or guidance or creating or forming any form of attorney/client or other relationship. Contents and materials presented in class or training may be more restrictive or lenient than legal standards of care in Participant’s jurisdiction. Participant acknowledges and agrees that he/she has been directed to consult with his/her personal attorney, local, law enforcement agency, governmental legal advisor or other applicable party or agency for any legal advice, guidance, training, or direction. I Agree 11. COVID AND OTHER POTENTIAL DISEASES: The health and safety of our members, customers, guests, and employees is our top priority. We have implemented several measures designed to protect customers, guests, and employees from potential exposure to the COVID-19 virus ("Coronavirus"), by minimizing contacts, promoting social distancing when possible, making free masks available for our customers, students, and staff, and increasing sanitation throughout the range.
Please note that WESHOOT cannot guarantee that you will not be exposed to Coronavirus during your visit. The CDC advises that older adults and people of any age who have serious underlying medical conditions might be at higher risk for severe illness from Coronavirus. Guests should evaluate their own risk in determining whether to attend. People who show no symptoms can spread Coronavirus if they are infected, any interaction with the general public poses an elevated risk of being exposed to Coronavirus. By coming to the range, store, and/or classroom, you acknowledge and agree that you assume these inherent risks associated with attendance. I Agree 12. If any portion of this WAIVER, RELEASE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed herefrom. I Agree 13. I UNDERSTAND THAT THIS MEANS THAT I AGREE NOT TO SUE ANY OR ALL OF THE “RELEASED PARTIES" FOR ANY INJURY RESULTING TO MYSELF IN ANY SAID ACTIVITIES AND/OR EVENT(S). I Agree By signing this WAIVER, RELEASE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT, I acknowledge that I understand its content and that this release cannot be modified orally. I Agree I hereby acknowledge that I fully understand this “WAIVER, RELEASE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT” and I execute it voluntarily. Today's Date: December 11, 2024 |