The undersigned represents he/she is above the age of 18 years, is a citizen or legal resident of the United States, has not been convicted of a felony and has no legal restriction upon his/her use or possession of a firearm. The undersigned seeks to obtain membership in The Powder Room Shooting Range and Training Center (“Membership”) and, from time to time, to engage in certain activities and employ certain services (collectively “Activities”) provided by St. Joe Resort Operations, LLC (“Operations”) d/b/a The Powder Room Shooting Range and Training Center (collectively, “the Range”).
The undersigned, as part of the consideration for Membership and the right to engage in the activities and enter onto and use the Range does hereby voluntarily enter into this WAIVER, RELEASE OF LIABILITY, DISCHARGE, COVENANT NOT TO SUE, HOLD HARMLESS AGREEMENT AND ACKNOWLEDGMENT OF ASSUMPTION OF RISK and hereby consents and agrees that:
1. Ongoing obligation to disclose. I, the Member undersigned, have attested that I am a citizen or legal resident of the United States, have not been convicted of a felony and have no legal restriction upon my use or possession of a firearm. I hereby acknowledge my obligation immediately to inform the Range upon the happening of any event that alters that status, whereupon I acknowledge that my Membership is and will be immediately terminated and that any refund or reimbursement of any charges associated with Membership will be made or denied at the sole discretion of the Range.
2. Duration. I acknowledge and authorize that this WAIVER, RELEASE OF LIABILITY, DISCHARGE, COVENANT NOT TO SUE, HOLD HARMLESS AGREEMENT AND ACKNOWLEDGMENT OF ASSUMPTION OF RISK shall remain in effect for the entire term of my Membership or for one year from the date of my execution thereof, whichever is longer.
3. Acknowledgment of Danger. I acknowledge that engaging in shooting sports, training, practice and recreational shooting is inherently dangerous. I further acknowledge that no matter what precautions the Range may take and no matter what precautions I may take, including but not limited to wearing of various types of protective gear (including mandatory hearing and eye protection), that I or others could experience serious and/or catastrophic injuries, and/or death. I further acknowledge that my personal equipment and other property may also be damaged or destroyed.
4. Causes. I acknowledge that the inherent risks and dangers of the activities at the Range may be caused by, among other things, the negligence of the owners, operators, employees, officers, volunteers or agents of the Range; the negligence of other participants; my own negligence; the forces of nature; or other causes; and that these risks and dangers may arise from foreseeable or unforeseeable causes and cannot by any means be entirely prevented or predicted.
5. Personal Responsibility. I attest that I will carefully inspect the areas which I intend to use and will not enter any area of the Range, or use any equipment, unless I have first determined to my personal satisfaction that it is safe to do so. I will take special care to make myself aware of other people around me, including participants, staff and spectators, and will take care to avoid injury to them while also taking such measures as may be required to ensure the safety of myself and my party. I do not, therefore, rely upon the Range to provide or ensure a safe environment. I have not sought nor have I been given any further assurance of safety from anyone at the Range, other than what appears in this Agreement.
6. Assumption of Risks. I acknowledge and represent that I am familiar with the significant risks and dangerous nature involved with the use of firearms, including but not limited to causing death or serious bodily injuryto me and others, and causing damage(s) to property. By choosing to participate in these activities I hereby knowingly assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct (including omissions) of the Range and any of its owners, agents, officers, volunteers, employees of any of them, or by any other person.
7. I Will Follow the Rules. I certify that I am in sufficient physical and mental condition to engage in sport shooting on this Range and that I am not under the influence of alcohol or any drug that would impair those conditions. I swear that I have read and understand, and I agree to abide strictly by and comply with the rules of Range as provided by Operations and will follow the direction of the Range staff at all times. I further acknowledge that any staff member of the Range may, at any time, take possession of any firearm or other equipment I bring onto the Range for their inspection. I further understand that any observed infraction by me or my party of any Range rule or common safety rule could subject me and/or my guest(s) to summary ejection from the Range, with all fees forfeited by me.
8. Minors and guests, assumption of responsibility. I acknowledge that I am responsible to ensure that any minors or guests shooting with me as part of the benefits of my Membership satisfy all the requirements of the Range and execute any all documentation required by the Range, including but not limited to a copy of the WAIVER, RELEASE OF LIABILITY, DISCHARGE, COVENANT NOT TO SUE, HOLD HARMLESS AGREEMENT AND ACKNOWLEDGMENT OF ASSUMPTION OF RISK (Non-member version). I agree that the signature of a minor and one of his parents or legal guardian on the WAIVER, RELEASE OF LIABILITY, DISCHARGE, COVENANT NOT TO SUE, HOLD HARMLESS AGREEMENT AND ACKNOWLEDGMENT OF ASSUMPTION OF RISK binds the minor and his family and that any minor unaccompanied by a parent or guardian who has not previously signed this release will be denied shooting privileges on the Range. Irrespective of whether the minor or guest has executed a WAIVER, RELEASE OF LIABILITY, DISCHARGE, COVENANT NOT TO SUE, HOLD HARMLESS AGREEMENT AND ACKNOWLEDGMENT OF ASSUMPTION OF RISK, I fully assume all responsibility and liability for the minor’s or guest’s conduct while engaged in Activities at the Range and I acknowledge that the provisions of Article 9 herein (Waiver, Release of Liability, Discharge, Covenant Not to Sue and Hold Harmless) make me liable for any claim brought by or on behalf of any minor or guest accompanying me at the Range.
9. Waiver, Release of Liability, Discharge, Covenant Not to Sue and Hold Harmless. I hereby agree to indemnify, without qualification or limitation, Operations and each of its successors, assignees, owners, shareholders, directors, officers, employees, volunteers, agents, representatives, attorneys, independent contractors, subsidiaries, affiliates, and/or parent companies and each and every person who acted by, through, under or in connection with any of them (collectively, “Released Parties”) and covenant to defend and hold each of 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 Activities directly or indirectly arising from or contemplated by this Agreement.
I further hereby voluntarily, unconditionally and irrevocably agree not to sue and further voluntarily, unconditionally and irrevocably agree to release, waive and discharge each of the Released Parties from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may in any way in relate to or arise from my activity at the Range whether caused or contributed to, in whole or in part, by the negligence of any the Released Parties. I specifically understand that I am agreeing 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 recovery of losses, costs or expenses of any nature whatsoever, known or unknown, suspected or unsuspected, anticipated or unanticipated, 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 Range’s premises and/or facilities.
I fully understand that, by signing the WAIVER, RELEASE OF LIABILITY, DISCHARGE, COVENANT NOT TO SUE. HOLD HARMLESS AGREEMENT AND ACKNOWLEDGMENT OF ASSUMPTION OF RISK, I am releasing, discharging and waiving any claim or cause of action that I may have presently or in the future against any of the Released Parties arising from activity at the Range
10. Severability, Choice Venue, Choice of Law, Jury Waiver. Any provision of this contract which may be legally unenforceable shall be ineffective only to the minimum extent unenforceable without invalidating the remaining provisions of this contract. Any dispute arising under this WAIVER, RELEASE OF LIABILITY, DISCHARGE, COVENANT NOT TO SUE, HOLD HARMLESS AGREEMENT AND ACKNOWLEDGMENT 0F ASSUMPTION OF RISK shall be resolved in a court of competent jurisdiction within Bay County Florida (to which personal jurisdiction the undersigned hereby submits), and shall be subject to the laws of the State of Florida without reference to any choice of law regime. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERE WAIVES ITS RIGHT TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS AGREEMENT.
11. Binding upon Heirs, Successors and Assigns. I understand and intend that this contract binds my heirs, executors, administrators, personal representatives, successors and assigns, as well as myself.
I HAVE READ ALL ELEVEN ARTICLES OF THE ABOVE DURABLE WAIVER, RELEASE OF LIABILITY, DISCHARGE, COVENANT NOT TO SUE, HOLD HARMLESS AGREEMENT AND ACKNOWLEDGMENT 0F ASSUMPTION OF RISK. BY SIGNING IT I REAFFIRM IT IS MY INTENTION TO EXEMPT AND RELIEVE EACH OF THE RELEASED PARTIES FROM ANY LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY ANY CAUSE WHATSOEVER.
Date: January 29, 2023