September 30, 2020
Delmarva Armory, LLC d/b/a Range Time (“Range Time”) requires this Liability Release and Waiver to be completed by every person entering its property located at 38531 Parker Rd Millsboro, DE 19966 (the “Premises”) for the purposes of participating in: shooting, handling, and carrying of a firearm, knife, axe or other dangerous weapon, whether alone or with trained individuals; renting firearms from Range Time; handling and firing live ammunition; observing individuals discharging firearms; eating and drinking on the Premises, including consumption of any type of alcoholic beverages; and, any other use of, or activity on, the Premises (collectively, the “Activities”).
THIS IS A LEGALLY BINDING AGREEMENT AND YOU ARE WAIVING CERTAIN RIGHTS- READ IT CAREFULLY.
1. ACTIVITIES NOT PROHIBITED. By signing this release, I acknowledge and represent to Range Time that I am not legally prohibited from entering the Premises or from carrying, possessing, or using a firearm, in accordance with any local, state or federal law, or by court order.
2. ASSUMPTION OF RISKS. I, the participant (or if a minor, the undersigned parent or guardian), on behalf of myself and any minor in my custody or care, assume any and all risks associated with the Activities, including, but not limited to: property damage; physical injury and disability; emotional distress; and, death, all of which may result from gunshot wounds or other wounds that are intentionally or unintentionally caused by me or another person; inhalation of lead vapor or other fumes; hearing and vision damage; or, injuries to my vision and skin from gunshot flashes and debris. While medical opinions differ, lead vapor levels and noise associated with the Activities may be harmful during pregnancy and may cause reproductive problems. By participating in the Activities, I assume all risks of injury to me, those in my custody or care, and, if pregnant, my unborn child, including possible damage to my reproductive system. This acknowledgement of my assumption of the risks is intended to be broadly construed to include any and all risks expressly noted herein as well as all other risks, known or unknown, which may exist while I am on the Premises (collectively, the “Risks”). I voluntarily assume full responsibility for any and all such Risks.
3. RELEASE AND WAIVER. I, the participant (or if a minor, the undersigned parent or guardian), on behalf of myself and any minor in my custody or care, our heirs, personal representatives, assigns or agents, do hereby, RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Range Time, its affiliates, subsidiaries, members, directors, officers, employees, independent contractors, and agents (collectively, the “Range Time Releasees”) from any and all liabilities, obligations, claims, demands, actions, and causes of actions whatsoever, including any and all claims of Range Time Releasees’ ordinary and gross negligence, arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, those in my custody or care, or to any property belonging to me, while on the Premises or engaged in the Activities, to the fullest extent allowed by law. This release applies to the Risks described above, and to any loss, property damage, personal injury or death, associated or related to those Risks.
4. INDEMNIFICATION. I, the participant (or if a minor, the undersigned parent or guardian) on behalf of myself and any minor in my custody or care, agree to indemnify, hold harmless and defend the Range Time Releasees from any loss, liability, damage, or costs, including court costs and attorney fees that the Range Time Releasees may incur due to my entry on the Premises or engagement in the Activities, whether caused by negligence of Range Time Releasees or otherwise, to the fullest extent allowed by law.
5. EMERGENCY MEDICAL TREATMENT. If there is an emergency, I, the participant (or if a minor, the undersigned parent or guardian), on behalf of myself and any minor in my custody or care, authorize Range Time to secure, from any hospital, physician, or medical personnel, any treatment deemed necessary, in Range Time’s sole and absolute discretion, for my immediate care, and to secure or provide transportation to a medical facility. I agree that I will be responsible for payment of all medical services rendered. This shall not be construed as a guarantee of care or an obligation to provide such care, but is instead solely an authorization to Range Time do engage such care as Range Time, in its sole and absolute discretion, believes may be necessary.
6. MEDIA RELEASE. I, the participant (or if a minor, the undersigned parent or guardian), on behalf of myself and any minor in my custody or care, our heirs, personal representatives, assigns, and agents, do hereby grant Range Time the right to photograph us and use our picture, silhouette and other reproductions of our physical likeness (still photographs, motion picture film and/or video) in and in connection with an exhibition (theatrical, broadcast, etc.) or any motion pictures in which the same may be used or incorporated and also in the advertising, exploiting, and/or publicizing of any such motion picture without any compensation, monetary or otherwise. I further give Range Time the right to reproduce in any manner whatsoever any recording of our voices.
7. CONSTRUCTION. I, the participant (or if a minor, the undersigned parent or guardian), on behalf of myself and any minor in my custody or care, further expressly agree that this release is intended to be as broad as permitted under applicable law, and, if any portion herein is held to be invalid or unenforceable, such invalid or unenforceable provision shall not limit or affect the remaining clauses of this release. I also agree that this release shall be construed in accordance with the laws of the State of Delaware and that any alternative dispute resolution, suit or other proceeding must be filed or entered into only in Delaware and the Federal and State courts of Delaware. This release shall be binding upon and inure to the benefit of the parties and their respective heirs, legal representatives, and assigns.
I HAVE READ THIS RELEASE AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND AND AGREE THAT IF I DO NOT WANT TO RELEASE RANGE TIME RELEASEES FROM LIABILITY OR WAIVE MY RIGHTS TO SUE THEM, I DO NOT HAVE TO PARTICIPATE IN THE PERMITTED ACTIVITIES IDENTIFIED ABOVE AND THAT MY ENTRY AND USE OF THE PREMISES FOR THE ACTIVIITES IS ONLY ALLOWED UPON MY SIGNING OF THIS RELEASE. I UNDERSTAND THAT IF I DO SIGN THIS RELEASE, THOUGH PERMITTED UPON THE PREMISES, I AM GIVING UP SUBSTANTIAL RIGHTS. I ACKNOWLEDGE THAT I AM SIGNING THIS FREELY AND VOLUNTARILY, AND INTEND THAT MY SIGNATURE BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO RANGE TIME RELEASEES, TO THE GREATEST
EXTENT ALLOWED BY APPLICABLE LAW. ADDITIONALLY, FOR ANYONE UNDER THE AGE OF 21 YEARS, THIS WAIVER, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT MUST BE SIGNED BY A PARENT OR LEGAL GUARDIAN WHO IS PRESENT TO ACCOMPANY THE MINOR.
DATE: July 22, 2020
(If under the age of 21, you must be accompanied by a parent or legal guardian; waiver required of all parties)