THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS.
PLEASE READ CAREFULLY BEFORE SIGNING.
The below-named Participant wishes to participate in firearm shooting activities at the firearms range (“Activity”) at the firearms range located within the HERO Center facility at 10125 85th Street S., Cottage Grove, Minnesota (“Firearms Range”). Participant and/or Participant’s parent, custodian, or legal guardian (on behalf of him/herself and Participant) understands, acknowledges, and affirms as follows:
(1) Participant’s participation in the Activity is strictly voluntary.
(2) The Activity Participant is about to voluntarily engage in may be dangerous and may involve certain risks, including but not limited to bodily injury, personal injury, sickness, disease, death, and property loss or damage to Participant or others. By executing this Voluntary Waiver of Liability Agreement, Participant and (if applicable) Participant’s parent, custodian, or legal guardian (on behalf of him/herself and Participant) assumes all such risks, known or unknown, anticipated or unanticipated.
(3) Specifically, Participant agrees:
a. Participation by Participant in the Activity is at Participant’s own risk.
b. Participant understands that occupying and using the Firearms Range and shooting firearms is dangerous and may expose Participant to dangerous circumstances, substances or materials, including, but not limited to, lead and lead particles. Participant further understands that no matter what precautions Participant may take, including, but not limited to, the wearing of various types of protective gear, Participant could be injured and/or die as a result of an accident or incident. Participant is aware and assumes all of the risks and dangers, whether known or not known, foreseen or otherwise, that are or may be associated with occupying or using the Firearms Range, including, but not limited to, the risk of being injured by other users.
c. Participant certifies that Participant is not prohibited from owning or possessing a firearm under any federal, state, municipal or local laws, ordinances or regulations.
d. Participant acknowledges that Participant has received, reviewed and understands all rules and regulations related to using the Firearms Range and agrees to comply with all rules and regulations governing the use of the Firearms Range and all applicable federal, state, municipal and local laws, ordinances and regulations while occupying or using the Firearms Range or any other portion of the HERO Center Facility, including those related to health pandemics.
e. Participant understands that the HERO Center may terminate Participant’s use of and remove Participant from the Firearms Range at any time without notice for a violation of any applicable law, rule or regulation, or for any other reason within its sole discretion.
f. Participant understands that the use of the Firearms Range is limited to firearms and related training and Participant will not occupy or use any portion of the Firearms Range for any business or purpose which is unlawful, disreputable or deemed to be extra hazardous on account of fire or other hazard or permit anything to be done which would in any way increase the rate of fire insurance coverage on the Firearms Range or its contents beyond the Firearms Range intended purpose as a Firearms Range.
g. Participant has determined and hereby certifies to the HERO Center that by applicable standards, Participant’s shooting and safety equipment, ammunitions and all related items are in good condition and suitable for the use in which intended and do not pose a risk to Participant or others by Participant’s use.
h. Participant will not make alteration to, deface or damage the Firearms Range or any portion thereof and shall be liable for, and pay to the HERO Center upon demand, any and all property damage Participant causes to the Firearms Range.
i. Participant shall be responsible for all damages to or loss of Participant’s equipment while using or occupying the Firearms Range.
(4) In consideration for being allowed to participate in the Activity, Participant hereby agrees to release the HERO Center, its insurer, and anyone working on behalf of the HERO Center from any claims or actions arising out of or in any way related to the Activity or any other incidental use of the HERO Center facility. Participant waives any right to make claims or bring lawsuits against the HERO Center or anyone working on behalf of the Firearms Range or the HERO Center, for any injuries or damages arising out of or in any way related to the Activity.
(5) In consideration for being allowed to participate in the Activity, Participant agrees to release, defend, indemnify, and hold harmless the Firearms Range and the HERO Center, its officers, officials, employees, insurers, agents, contractors, representatives, and servants, from and against all liabilities, claims, causes of action, demands, losses, damages, illnesses, sicknesses, judgments, and other obligations (including attorneys’ fees and costs), including those arising from any third party claims, on account of injury, illness, sickness, loss or damage which arise out of or are in any way related to Participant’s participation in the Activity or Participant’s use of the Firearms Range at the HERO Center.
(6) This Voluntary Waiver of Liability Agreement extends to all acts, omissions, negligence, or other fault of the Firearms Range and the HERO Center, its officers, officials, agents, contractors, servants, or employees, and that this Voluntary Waiver of Liability Agreement is intended to be as broad and inclusive as is permitted by law.
(7) This Voluntary Waiver of Liability Agreement does not apply to any injuries or damages that are the result of any willful, wanton, or intentional misconduct by the Firearms Range and the HERO Center.
(8) Participant understands that entering into and signing this agreement affects Participant’s rights and results in the giving up or waiving of certain legal rights; and Participant accepts this and signs this Voluntary Waiver of Liability Agreement of his/her/their own free will.
(9) The terms of this Voluntary Waiver of Liability Agreement shall be binding upon Participant and Participant’s parents, conservators, representatives, agents, assigns, or legal guardians if Participant is alive; and Participant’s heirs, representatives, executors, and assigns if Participant is deceased.
(10) The undersigned signature indicates that the undersigned has read this entire Voluntary Waiver of Liability Agreement, understands it completely, acknowledges that it cannot be modified or changed in any way by oral representation, and agrees to be bound by its terms.
(11) Unless revoked, this Voluntary Waiver of Liability Agreement is valid for a period of one year from the date of signature below.