Release of Liability, Waiver of Claims, Assumption of Risk and Indemnification Agreement
THIS IS A BINDING LEGAL AGREEMENT. Read it carefully before signing. By signing this Agreement, you are waiving important legal rights, including the right to sue or claim compensation following an accident, injury or death. For purposes of this Agreement Double Tap Indoor Gun Range and Training Center, LLC and its officers, officials, directors, members, owners, shareholders, employees, agents and representatives.
1. Agreement to Follow all Safety Rules and Directions:
In consideration for me being permitted access and use of any and all shooting, training and practice ranges of Double Tap Indoor Gun Range and Training Center, whether used for live or virtual fire, in any capacity (the “Range”), including, if applicable, Double Tap Indoor Gun Range and Training Center property of any form, tangible or intangible, including real estate, buildings, erections, goods, products, firearms, bows, ammunition, or any object owned, whether wholly or partially by Double Tap Indoor Gun Range and Training Center, (collectively, “Property”), I, (Participant), hereby agree to follow and comply with the written safety rules, Range procedures, and directions, whether written or oral, of Double Tap Indoor Gun Range and Training Center. Double Tap Range and Training Center LLC Reserves the right to modify and update range policies, rules as needed.
2. Non-Prohibited Person Declaration:
By signing this Agreement, I declare that:
a. I am not currently under indictment and have never been convicted in any court of a crime that could
have been punished by more than one year in jail, regardless of the actual sentence imposed.
b. I am not an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or
any other controlled substance; and I will not be under the influence of alcohol or any illegal, prescription or over-the-counter drug while using the Range and/or participating in related activities.
c. I have never been adjudicated mentally defective or committed to a mental institution; and I am not
subject to a court order restraining me from harassing, stalking, or threatening my child or an intimate partner or child of such partner.
3. Assumption of Risk:
I understand that my use of Double Tap Indoor Gun Range and Training Center and Property involves numerous serious risks, including the risk of death, serious physical injury and Property damage. These risks involve, but are not limited to, the risk that I may be injured by: shooting myself or being shot by someone else; being injured by ricochet bullets or fragments, splatter or splashback from targets, target frames or the Range backstop; risk of firearms or ammunition exploding or bursting; risk of my falling, slipping, tripping or stumbling anywhere in Double Tap Indoor Gun Range and Training Center or on its Property; risk of my suffering serious eye injury or blindness, hearing loss or deafness, brain damage, lead poisoning, broken bones, paralysis, sprains, strains, burns, cuts and other injuries resulting from use of Double Tap Indoor Gun Range and Training Center and Property; risks of emotional and psychological injury; and other risks too varied and numerous to specify.
I understand and acknowledge such risks, and hereby knowingly, voluntarily and expressly choose to use the Double Tap Indoor Gun Range and Training Center and Property and hereby assume full and exclusive responsibility for all such risks, known and unknown, associated with, because of, arising out of, in connection with or in relation to the use of the Range and/or Property, including those which may be caused by the negligence or claimed negligence of Double Tap Indoor Gun Range and Training Center.
4. Waiver and Liability Release:
I agree to assume full responsibility for any and all damages, including, but not limited to, personal injury, death, disability, medical and/or other expenses, which I may sustain associated with, because of, arising out of, in connection with or in relation to my use of Double Tap Indoor Gun Range and Training Center and/or Property. I hereby forever release, discharge, and agree not to sue Double Tap Indoor Gun Range and Training Center its members, officers, directors, employees, agents, insurers, representatives, assigns, affiliates, and others acting on its behalf (collectively, the "Releasees") from and/or for all claims, liabilities of any kind, demands, damages (including but not limited to direct, indirect, incidental, special and/or consequential damages), losses, costs (including but not limited to court costs, attorneys' fees and litigation expenses arising from any legal proceedings which I might bring contrary to this Agreement, actions, or causes of action of any kind or nature (whether they occur now or in the future, and whether they are known or unknown), that may be associated with, because of, arising out of, in connection with or in relation to my use of the Range and/or Property (collectively, "Claims").
I hereby waive any right I may have to make Claims against the Releasees for any damages sustained by me that may directly or indirectly be associated with, because of, arising out of, in connection with or in relation to my use of the Range and/or Property. I understand and agree that the foregoing waiver and liability release applies even if the Claims are caused by the negligent acts, omissions or carelessness of any of the Releasees. I understand and agree that the foregoing waiver and liability release applies to myself as well as my spouse, children, parents, guardians, heirs, administrators, personal representatives, successors, assigns, or any other person who might submit a Claim or sue on my behalf. This Waiver and Liability Release includes, without limitation, Claims related to (i) my use of the Range and Property, (ii) the condition and maintenance of the Range and Property, and (iii) the content and sufficiency of instruction and training, if any, which may be provided.
5. Hold Harmless and Indemnification:
I shall indemnify and hold harmless Double Tap Indoor Gun Range and Training Center and Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, arising out of, or resulting from, any claim of a third party related to my use of the Range and/or Property and arising from my conduct or actions. I hereby agree to pay Double Tap Indoor Gun Range and Training Center for loss or damage due to my own intentional act, negligence or carelessness.
6. General Conditions:
a. To the extent that any provision of this Agreement is held to conflict with or be unenforceable under applicable law, I agree that this Agreement shall be modified by the Court to the least extent possible to render it enforceable, and shall be enforced as so modified.
b. I hereby further agree that this Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania and that any legal dispute arising hereunder will be litigated in the courts of the Commonwealth of Pennsylvania, and specifically Blair County or the Central District of Pennsylvania. I accept the personal jurisdiction of the courts of the Commonwealth of Pennsylvania, and I waive my right to a jury trial in connection with any such legal dispute. If my jury trial waiver is deemed unenforceable, then I agree that any dispute shall be resolved by common law arbitration. If any portion of this Agreement is deemed unenforceable, the remainder shall be given full force and effect.
BY SIGNING BELOW, I AFFIRM THAT I HAVE READ THIS ENTIRE RELEASE OF LIABILITY, WAIVER OF CLAIM, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENTS, AND THAT I AM INTENTIONALLY AND VOLUNTARILY SIGNING IT AS A CONDITION OF MY USE OF THE RANGE AND/OR PROPERTY AND WITH THE INTENT TO BE LEGALLY BOUND.
Range Rules and Regulations
Please initial next to each rule to confirm your understanding. If you have any questions please ask an associate.
1. No alcoholic beverages, drugs, or persons who have been consuming those items will be permitted use of the ranges.
2. No tobacco, food, or drinks allowed in the range, use of shelving in the viewing area for storing items.
3. Photo identification is required for use of range facilities (Examples: drivers license, state ID, passport, conceal carry permit, Military ID card).
4. Hearing protection and safety glasses must be worn at all times while inside the live fire areas of the range. (prescription glasses are acceptable).
5. All firearms must be pointed down range at all times in a safe manner.
6. All firearms must be clear with an action open or range flag inserted at all times except while actively firing.
7. All firearms must be clear, bagged, flagged, or in a container before entering or leaving live fire areas.
8. Only firearms in good working conditions are allowed on the firing line.
9. Any persons under the age of 21 will not be permitted to rent any firearm classified as a pistol.
10. Minors must be supervised at all times while on premises. Children under 18 will not be allowed in range facilities without being accompanied by a parent or guardian.
11. Minors under the age of 13 must have doubled up hearing protection.
12. Minors under the age of 10 will not be permitted on the live fire range. Use of archery, and airsoft ranges will be permitted under parent or guardian supervision.
13. No more than two (2) persons are permitted at each firing lane. Coaching may occur at the permission of range officers.
14. No person will be allowed forward of the firing line. Contact range officer if assistance is needed.
15. Collection of arrows in archery range, call cease fire and ensure all shooters have stopped firing before going to collect your items. Do not attempt to collect another shooter's property.
16. All fired rounds must impact the bullet trap area. No impact to floor, ceiling, or walls permitted.
17. If the firearm jams and you need assistance. Lay the firearm down on the bench, barrel facing down range, and ask for assistance from one of our range officers.
18. Rapid fire and holster drawing must be approved by range officers.
19. Use of black powder is prohibited.
20. Armour piercing, tracers, and explosives are prohibited.
21. All firearms and ammunition are subject to inspection at any time by staff.
22. Please clean your area of trash, push brass out of the lane before you leave.
23. We reserve the right to ask anyone to leave the premises.
24. We reserve the right to require training at shooters expense before allowance on to the range facilities.
Please sign to ensure that you have read and fully understand our range rules and regulations.
Today's Date: June 2, 2023