RANGE USE, RELEASE, INDEMNIFICATION, AND LIABILITY WAIVER AGREEMENT
Today’s Date: April 22, 2021
Access to the OnPoint shooting range and tertiary areas will be available only to persons who are legally able to possess a firearm. Visitors must be in strict compliance with all federal, state and local laws concerning ownership and the handling of firearms and ammunition. Access may be granted or revoked at the sole discretion of OnPoint. This Range Use, Release, Indemnification, and Liability Waiver Agreement (this “Agreement”) is executed by the undersigned (“User”) in favor of and for the benefit of OnPoint Solutions, Inc. a North corporation (“OnPoint”), and its owners, managers, officers, employees, contractors, agents, and any other persons or entities acting on behalf of such entity (collectively with OnPoint, the “OnPoint Parties”), in consideration of OnPoint’s allowing User to use its facilities or equipment.
PLEASE ACKNOWLEDGE YOUR ACCEPTANCE OF AND AGREEMENT WITH ALL TERMS AND CONDITIONS OF THIS INSTRUMENT BY SIGNING THIS AGREEMENT IN THE SPACE SET FORTH BELOW. PLEASE INITIAL EACH PARAGRAPH WHERE INDICATED.
I understand the foregoing and agree that all information given in this Agreement is true and correct to the best of my knowledge.
REQUIREMENTS FOR USERS; RESPONSIBILITY FOR MINORS
As a material inducement to OnPoint’s permitting me to use OnPoint’s facilities and equipment, I hereby acknowledge, agree, and represent as follows, effective as of every time that I use OnPoint’s facilities or equipment:
a. I am at least 18 years of age.
b. If I am accompanied by one or more minors (“Accompanying Minors”), I am the parent or legal guardian of such Accompanying Minors and warrant that the statements contained herein are true and correct with respect to such Accompanying Minors. I understand and agree that I will be solely responsible for the safety and responsibility of such Accompanying Minors and any other guests accompanying me.
c. I am mentally and physically capable of and qualified to safely use firearms, ammunition, and the equipment that I will be using at OnPoint’s facility.
d. I am not, and have not prior to shooting been, under the influence of any drugs (lawful or unlawful) or alcohol. (It is particularly important that you are not under the influence of any medications that may result in drowsiness or affect may the mind).
e. I am capable of reading English.
f. I am aware that lead in ammunition is a hazardous substance that can cause serious illness, injury, or death if it is inhaled, ingested, or absorbed by my body and agree to carefully wash my hands after handling ammunition, discharging a firearm, or otherwise using the OnPoint shooting range, especially prior to drinking or consuming any food.
g. I am aware of the inherently dangerous nature of firearms and ammunition and fully understand they can cause serious injury, disability, or death, and that these risks may be caused by my own negligence or by the negligence or fault of others.
NOT PROHIBITED PERSON
I also acknowledge, agree, and represent the following, effective as of every time that I use OnPoint’s facilities or equipment:
a. I am a United States citizen, a Lawful Permanent Resident, or a resident alien or non-resident alien that is lawfully in the United States.
b. I have not been convicted of a misdemeanor crime of domestic violence.
c. I have not been convicted of a felony, or any other crime punishable by imprisonment for a term exceeding one year.
d. I am not a fugitive from justice.
e. I am not an unlawful user of, or addicted to, marijuana or any depressant, stimulant, or narcotic drug, or any other controlled substance. (Note: marijuana is not legal in North Carolina. Habitual marijuana users are not permitted to use the OnPoint shooting range or Equipment. Ordinary tobacco and caffeine usage is not disqualifying. Ask if you have questions about any other medications or over the counter drugs.)
f. I have not been adjudicated mentally defective or been committed to a mental institution.
g. I have not been discharged from the Armed Forces under dishonorable conditions or with a Bad Conduct Discharge (or Other Than Honorable conditions during the past five years).
h. I am not subject to a restraining order.
i. I have not had thoughts of harming myself or others during the past five years.
j. I am otherwise legally eligible to possess a firearm under applicable North Carolina and Federal law.
AMMUNITION. I hereby affirm that the ammunition that I will use in my firearm(s) was loaded by a licensed manufacturer, or was hand-loaded using best industry practices that I will be fully responsible for. Further, I understand that OnPoint DOES NOT PERMIT THE USE OF STEEL OR ALUMINUM CASED, ARMOR PIERCING, STEEL CORE, INCENDIARY, or TRACER AMMUNITION and that I will be in breach of this agreement if I use this ammunition. Not only will I be fully responsible for any property damage or personal injury resulting from the use of any such ammunition, I may face heightened liability for such actions.
I acknowledge that I have received, read and understand the Range Rules posted by OnPoint and have watched the safety video as required by OnPoint and I agree to comply with all such rules and safety guidelines and to follow the instructions of any OnPoint Range Safety Officer at all times.
I have been informed that firearms education courses are available to any user who is unfamiliar with shooting as a recreational activity.
I further acknowledge and agree that failure to strictly comply with the Range Rules could result in my expulsion from the range and the temporary or permanent loss of range privileges.
I expressly acknowledge that the management of OnPoint reserves the right to immediately terminate the use of the OnPoint facility by any person who violates the OnPoint Range Rules or whose actions or conduct, in management’s sole discretion, demonstrate unsafe firearm handling practices, a lack of proper training, or other disregard for the safety or well-being of the staff or other customers of OnPoint.
I hereby agree to be financially responsible and liable for any property damage resulting from my intentional or unintentional acts (or those of Accompanying Minors) while on the business premises of OnPoint (the “Premises”), including damage resulting from shooting the target carrier (intentionally or unintentionally), rails, stall dividers or cameras. I agree that I am fully responsible for the loss or theft of, or damage to, any firearms or other personal property I bring to OnPoint or leave in my automobile on the Premises.
EQUIPMENT RENTAL OR PURCHASE
In the event that I rent or otherwise utilize firearms, equipment or accessories furnished or made available by OnPoint or its representatives (herein, “equipment”), I expressly assume all risks associated with such equipment or accessories including without limitation equipment malfunction, failure and damage, any of which could result in hearing loss, death or other serious bodily injury. I agree that it is my responsibility to learn how to use all equipment safely and I agree to do so.
I acknowledge and agree that if I purchase equipment from OnPoint, after the return period specified by OnPoint (normally 30 days), my sole remedy is with the manufacturers of such equipment. I expressly waive any implied warranties of merchantability and warranties of fitness for a particular purchase in connection with purchases from OnPoint.
ASSUMPTION OF SPECIFIC RISKS AND OTHER RISKS; RELEASE.
I acknowledge and agree that my presence on the Premises and my use of the indoor firing range operated by OnPoint involves and entails known and unanticipated risks that could result in bodily injury, emotional injury, permanent disability, paralysis, death, or damage to myself, to property, or to others, including risks related to the use and discharge by myself and others of pistols, rifles, shotguns, machine guns and other firearms, which are dangerous activities. These risks include, among other things, the undersigned or third parties being shot by a firearm causing grave bodily injury or death, suffering hearing loss, eye injury or loss, blindness, inhalation or contact with airborne contaminants (such as lead) and or flying debris, fractures, partial or total paralysis, heart attack or other ailments that could cause serious disability.
I fully understand and acknowledge that these risks and dangers may be caused by the negligence of OnPoint Parties, the negligence of others on the Premises, accidents, conditions on the Premises, equipment malfunction or failure, or other causes and may arise from foreseeable or unforeseeable causes. My participation in activities at the Premises is purely voluntary, and I elect to participate despite both the known and the unanticipated risks. I agree to closely supervise any children accompanying me at all times, and understand that such minor children are only allowed to handle and shoot firearms under my direct supervision and control.
In consideration of being permitted to use of the Premises (such as the firing range or other OnPoint facilities), I, on behalf of myself AND for my personal representatives, heirs, parents, children, executors, next of kin, any person or entity claiming by or through me or representing me in any capacity whatsoever, attorneys and assigns, jointly or severally, hereby voluntarily agree as follows:
- I fully and voluntarily accept and knowingly and WILLINGLY ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY for all losses, costs, injuries and damages sustained or incurred by me (and/or any of my guests or Accompanying Minors) resulting from or arising out of any my presence on the Premises, my use of the firing range, or and any other activity or event occurring on the Premises or with respect to OnPoint equipment or systems, including all risks of personal injury, death, property damage, or other losses resulting from any negligence, or other acts or omissions, of any OnPoint Parties or others participating in activities at the Premises; and
- To the maximum extent allowed by law, I HEREBY RELEASE IN FULL, HOLD HARMLESS AND FOREVER DISCHARGE, OnPoint and all OnPoint Parties, whether acting officially or otherwise, from and against any and all claims, demands, causes of action, losses, costs, expenses, attorneys’ fees, damages and liabilities, of whatever kind or nature, whether in contract, tort, or otherwise, for any injury, death, property damage, disability or any other loss, liabilities or damages resulting from or arising out of any activity whatsoever occurring on the Premises, including without limitation claims, injuries or damages caused by negligence, gross negligence, omissions or failure to guard or warn against dangerous condition, negligent rescue operations, or the use or misuse of firearms, whether or not caused by any act, omission or negligence of any of the OnPoint Parties.
COVENANT NOT TO SUE; INDEMNITY
In consideration of being permitted to use the Premises, such as the firing range or other OnPoint facilities, equipment or systems, I, ON BEHALF OF MYSELF, ANY ACCOMPANYING MINORS OR OTHER GUESTS, AND MY AND MY ACCOMPANYING MINORS’ HEIRS, PERSONAL REPRESENTATIVES, ADMINISTRATORS, EXECUTORS, NEXT-OF-KIN, AND ASSIGNS, FOREVER COVENANT NOT TO SUE ANY ONPOINT PARTY WITH RESPECT TO OR FOR ANY CLAIM, DEMAND, CHARGE, SUIT, JUDGMENT, PENALTY, COST, OR EXPENSES (INCLUDING ATTORNEYS FEES) ARISING OUT OF OR CAUSED, DIRECTLY OR INDIRECTLY, BY USER’S OR ANY ACCOMPANYING MINORS’ USE OF ONPOINT’S FACILITIES, EQUIPMENT, OR SYSTEMS.
ADDITIONALLY, I AGREE TO INDEMNIFY, DEFEND, PROTECT, AND HOLD HARMLESS THE ONPOINT PARTIES FROM AND AGAINST ANY AND ALL DEMANDS, DAMAGES, AND LOSSES, INCLUDING, BUT NOT LIMITED TO, LITIGATION EXPENSES, ATTORNEYS FEES, OR OTHER COSTS, RESULTING FROM ANY ACTIONS, JUDGMENTS, SUITS, CHARGES OR CLAIMS ASSERTED AGAINST, SUFFERED OF, OR INCURRED BY THE ONPOINT PARTIES, WHETHER THEY ARE BASED ON ANY ONPOINT PARTYS NEGLIGENCE OR OTHERWISE, WHICH ARISE IN ANY MANNER AS A RESULT OF USER’S OR ANY ACCOMPANYING MINORS’ USE OF ONPOINT’S FACILITIES, EQUIPMENT, OR SYSTEMS.
I agree that in no event will any OnPoint Parties have liability for any indirect, incidental, special, consequential or punitive damages I or my Accompanying Minors may incur as a result of using the facilities at OnPoint or of OnPoint systems or equipment. i further agree that the maximum aggregate liability of the onpoint parties for all causes of action not released hereunder is $500.
This Agreement, including the release, waiver, and indemnification provisions contained herein, shall be construed broadly to provide a release, indemnification, and waiver to the maximum extent permitted under applicable law.
The indemnity, release and covenants contained herein shall not terminate upon completion of User’s use of the facilities or equipment of OnPoint and shall survive for all future uses of the Premises or equipment by User and all applicable periods of limitation of actions, plus the duration of all claims, litigation, and appeals arising any way from User’s use of the Premises, equipment, or systems of OnPoint.
PHOTOGRAPHY AND SURVEILLANCE RELEASE AND ACKNOWLEDGEMENT
I acknowledge that all OnPoint facilities may be under continuous surveillance and that OnPoint may post live updates from time to time to social media outlets that may contain my likeness. Additionally, live webcams may broadcast my presence or likeness to the general public. I hereby expressly consent to such surveillance and publicity, and authorize and license OnPoint to use my likeness without compensation in any advertisements, promotions or other publicity campaigns. I acknowledge that such photography or recordings may include personally identifiable information, particularly if my name or user profile is posted on a video screen at the time of recording. I grant to OnPoint and its licensees, successors and assigns (collectively called the “Licensed Parties”) worldwide, absolute, and irrevocable permission to use, reproduce, print, and/or publish my name, likeness, image, voice, and/or appearance (“the Material”) in any media, including but not limited to photographs, video recordings, audiotapes, digital images in which I may be included intact or in part, composite or distorted in character, sound or form, without restriction as to changes or transformations in conjunction with my own or a fictitious name, or reproduction hereof. I agree that the Material may be used for any purpose consistent with OnPoint’s mission or business purposes, including in advertisements, news releases, publications, marketing campaigns, media coverage, videos, Web sites, billboards, and any other promotional or educational materials compiled by or on behalf of OnPoint. I understand and agree that OnPoint has and will have complete ownership of the Material, and that I will not receive any compensation for the use of the Material. I hereby release the Licensed Parties and any other OnPoint Parties from any and all claims arising out of their use of the Material as agreed to in this Agreement, including without limitation any claims based on the right of publicity or privacy, misappropriation or misuse of image, and/or defamation, including liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise. I further hereby waive any future right to prior review of any use of the Material.
EXCLUSIVE VENUE AND JURISDICTION
I agree that exclusive venue for bringing any claims arising under this Agreement or my use of the OnPoint range or equipment shall be the state courts sitting in Wake County, North Carolina, and that North Carolina law shall apply to the resolution of any such disputes or claims.
BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE, UNDERSTAND AND AGREE THAT:
(A) I HAVE GIVEN UP SUBSTANTIAL RIGHTS IN THE EVENT OF INJURY, DEATH OR DAMAGE ARISING FROM MY USE OF THE PREMISES;
(B) THAT IF I AM HURT OR MY PROPERTY IS DAMAGED WHILE USING ONPOINT’S PREMISES, EQUIPMENT, OR SYSTEMS, I AGREE THAT IT IS MY INTENTION TO HAVE WAIVED MY RIGHT TO MAINTAIN A LAWSUIT AGAINST ALL OF THE ONPOINT PARTIES AND RELEASE ONPOINT AND THE ONPOINT PARTIES FROM ALL LIABILITY;
(C) I HAVE SIGNED THIS AGREEMENT WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND I INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW; AND
(D) IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE REMAINDER OF THE AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT.
I have had sufficient opportunity to read this entire Agreement, understand it fully, and agree to be bound by its terms. I understand that the OnPoint Parties will rely on my promise to be bound by this Agreement, and that I am irrevocably waiving valuable rights in consideration for the potential opportunity of entering an OnPoint facility or using OnPoint equipment or systems.