I, being above the age of 18 years and the legal guardian of (the “Minor”), on behalf of myself and the Minor, in consideration of the rates charged and the right to enter and use the services of the Right 2 Bear, Inc. (the “Company”) do hereby enter in this Release and Hold Harmless Agreement (this “Agreement”) on this September 26, 2022, and consent and agree that: 1. Cancellation and Reschedule. I acknowledge that I may request to cancel my ticket for a refund with a $35 fee up to 14 days before the date and time of the event. Requests of cancellation after the 14 days will not be eligible for a refund, although eligible a reschedule for that same class. Cancellation requests made within 48 hours of the class date/time may not receive a refund nor a transfer. No call, no shows will NOT be refunded or rescheduled. By signing this waiver, I agree to these terms. 2. Acknowledgement of Danger. I acknowledge that engaging in sport shooting is dangerous. I further acknowledge that no matter what precautions I may take, including but not limited to the wearing of various types of protective gear (including hearing and eye protection), that I could experience injury of a very serious nature and/or die as a result of an accident or incident. I therefore engage in such activities voluntarily and at my own risk. 3. Assumption of Risks. I acknowledge and represent that I am familiar with the significant risks and dangerous nature, including but not limited to causing death or serious bodily injury to myself and others, and causing damage(s) to property, which originate from participating and otherwise engaging in sport shooting. I hereby assume any and all responsibilities and liabilities pertaining to such risks, whether to myself or to others and without limitation or qualification. There have not been any express or implied representations to you on behalf of the Company except as set forth in this Agreement. 4. Physical and Mental Condition. I acknowledge that at the time of signing this Agreement, I am in sufficient physical and mental condition to engage in sport shooting on this range. 5. Condition of Equipment. I have, prior to engaging in any sport shooting at the Company, determined that, by professional standards, my shooting equipment, ammunition and all corresponding items are in good condition and suitable for the shooting contemplated by this Agreement. 6. Comprehensive Release. I do hereby, on behalf of myself and my heirs executors, administrators, assigns and legal and personal representatives, unconditionally and irrevocably release and discharge the Company, the Company’s successors, assigns, owners, shareholders, directors, officers, employees, agents, representatives, attorneys, independent contractors, subsidiaries, and affiliates and each, every and all persons acting by, though, under or in concert with any of them (collectively, “Released Parties”). I further do hereby on behalf of myself and my heirs, executors, administrators, assigns and legal and personal representatives agree not to sue, or otherwise initiate legal, equitable or similar action or to otherwise file a complaint or other action for controversy resolution or otherwise seek losses, costs or expenses of any nature whatsoever, known or unknown, suspected or unsuspected, fixed or contingent, including without limitation, wrongful death, and any and all personal injuries, known or unknown, and death and/or personal injuries to third parties, and injuries to property, real or personal, known or unknown, against any of the Released Parties, caused by any reason whatsoever related to the Company and my sport shooting on or about the Company’s premises and/or facilities. This Release shall pertain to any claims which were known or unknown, anticipated or unanticipated at the time of the execution of this Agreement, including any information of any nature which, if known by me on the date of execution of this Agreement, may have materially affected my decision to execute this Agreement and specifically this Release. 7. Coronavirus/COVID-19. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death.
Right 2 Bear, Inc cannot prevent you from becoming exposed to, contracting, or spreading COVID-19 while utilizing Right 2 Bear, Inc. services or premises. It is not possible to prevent against the presence of the disease. Therefore, if you choose to utilize Right 2 Bear’s services you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.
ASSUMPTION OF RISK: I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself and/or my children in order to utilize Right 2 Bear’s services. These services are of such value to me [and/or to my minor,] that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize Right 2 Bear’s services.
WAIVER OF LAWSUIT/LIABILITY: I hereby forever release and waive my right to bring suit against Right 2 Bear and its owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to utilizing Right 2 Bear’s services. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen. 8. WAIVER OF CALIFORNIA CIVIL CODE SECTION 1542. I acknowledge and agree that by reason of the Release set forth in paragraph 5 above, I am assuming all risk of bodily injury, death or property damage and all other unknown and unanticipated claims, and I agree that my Release of all Released Parties contained in this Release applies thereto. In connection therewith, I expressly waive whatever benefits I may have under Section 1542 of the California Civil Code, which reads as follows: “A General Release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” 9. Indemnity. I hereby indemnify, without qualification or limitation, the Released Parties and defend and hold the Released Parties harmless from and against any and all claims, causes of action, demands or charges of every kind and nature, which any third party or person may claim to have or to hold for property damage or personal injuries or any other damages including death, arising from any cause or reason, of every kind and nature pertaining to this Agreement originating from my relationship with any of the Released Parties and any activity directly or indirectly arising from or contemplated by this Agreement. 10. Governing Law; Attorney’s Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Should any party hereto institute any action or proceeding against the other party at law or in equity, or in connection with an arbitration, in connection with this Agreement, the prevailing party from such action shall be entitled to recover from the losing party or parties all attorneys’ fees and costs for service rendered to the prevailing party in such action or proceeding. 11. Additional Regulations. I have read and understand, and I agree to follow the regulations provided by Right 2 Bear, I also understand that hearing and eye protection (even while using a scope) are mandatory at all Company shooting areas for all personal at all times. I agree that I will not fire or discharge any firearm or gun except in areas so designated by the Company.
Where my initials appear above, I acknowledge that I have read, understood, and agreed to the provision beside those initials. In addition, my signature below indicates that I have read this entire Agreement, understand it completely, and agree to be bound by its terms. KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE. If this Agreement is being executed by me as a legal guardian on behalf of a person under the age of 18 years, then all provisions of this Agreement shall pertain to the undersigned and the Minor