1. Always keep your firearm pointed in a safe direction and treat all firearms as if they are loaded.
2. Keep your finger off the trigger until you are ready to shoot.
3. Keep your firearm unloaded until you are ready to use it.
4. Be certain your firearm is in good working order.
5. Know how to safely use the firearm.
6. Use only the correct ammunition for your firearm.
7. Know your target, and what is beyond.
8. Wear eye and hearing protection before entering the range and at all times while on the range.
9. Never use alcohol or drugs before and/or during shooting.
10. All shooters must be over the age of 18 or be accompanied by a parent or a legal guardian; or provide a completed third party minor release waiver.
11. Do not leave firearms unattended in your vehicle.
12. NO ONE is allowed past the shooting stations or down range.
13. REPORT ANY/ALL NEGLIGENT DISCHARGES AT ONCE.
14. No Aluminum or Steel Case Ammunition is permitted at Damage Factory.
15. No pistol calibers larger than a .45, and no rifle calibers larger than 7.62 x 51 (16in barrel)
16. Shotguns are allowed (12GA, 20GA, 410GA) with buckshot and slugs only.
17. All ammunition must be SAAMI or CIP approved Full Metal Jacket, hollow point or frangible. No tracers, steel core, home reloads or incendiary rounds are permitted as they are a FIRE HAZARD. Violators may be asked to leave the range without a refund.
18. All down range and abandoned brass casings belong Damage Factory.
19. Pregnant women and/or people with O2 tanks are NOT allowed in the shooting range area.
20. Drawing from the holster is NOT permitted, unless you have successfully qualified Damage Factory’s Drawing from the Holster Qualification.
21. No hand-to-hand transfer of firearms. No lane-to-lane transfers of firearms without a casing the firearm.
22. All NFA (machine-guns, silencers, SBRs) items must be accompanied by the appropriate paperwork. Damage Factory reserves the right to check all paperwork and items prior to shooting activities.
23. NO REFUNDS of any kind for parties expelled from the range for safety violation.
DAMAGE FACTORY RANGE
RELEASE, WAIVER, INDEMNIFICATION, HOLD HARMLESS, AND ASSUMPTION OF RISK AGREEMENT
WARNING: THE FOLLOWING DOCUMENT IS A LEGALLY BINDING PROMISE NOT TO SUE THE INSTRUCTOR IF YOU ARE KILLED, PERMANENTLY DISFIGURED OR INJURED WHILE PARTICIPATING IN FIREARMS TRAINING ACTIVITIES. IT IS ALSO A LEGALLY BINDING PROMISE TO DEFEND THE INSTRUCTOR AGAINST LEGAL ACTION BROUGHT BY SOMEONE ELSE FOR YOUR ACTS OR NEGLIGENCE DURING TRAINING. EVEN WHEN PROPERLY MAINTAINED AND CORRECTLY USED, INJURIES CAN STILL OCCUR WHEN DISCHARGING FIREARMS. SPECIFIC EXAMPLES INCLUDE BUT ARE NOT LIMITED TO BULLET RICOCHET, BULLET BACK-SPLATTER, AND CATASTROPHIC WEAPON FAILURE DUE TO MANUFACTURING DEFECTS. USER-ERROR ON THE PART OF TRAINEES CAN ALSO RESULT IN INJURY, PERMANENT DISFIGUREMENT OR DEATH. EVERY REASONABLE EFFORT IS MADE TO MINIMIZE RISK SUCH AS PROPER SAFETY-AND-FIREARM-MAINTENANCE INSTRUCTION, USE OF EAR AND EYE PROTECTION, AND OPTIMALLY SAFE RANGE CONDITIONS, BUT IT IS IMPORTANT TO UNDERSTAND THAT DEATH, PERMANENT DISFIGUREMENT OR INJURY IS ALWAYS A RISK WHEN DISCHARGING FIREARMS. ADDITIONALLY, COMBAT RELATED PERSONAL DEFENSE AND EMERGENCY MEDICAL INSTRUCTION TO INCLUDE STOP-THE-BLEED TRAINING AND NON-LETHAL TECHNIQUES SUCH AS TASER, BATON, PHYSICAL RESTRAINTS AND OTHER RELATED MEASURES ALSO CARRY INHERRENT TRAINING RISKS OF PHYSICAL DISCOMFORT AND INJURY. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING IT AND CONSIDER HAVING AN ATTORNEY REVIEW IT IF YOU BELIEVE YOU DO NOT FULLY UNDERSTAND IT.
Instructor means Kevin R. Isaac, Main Instructor, d/b/a/ Damage Factory, and any of Damage Factory’s partners, instructors, employees or sub-contractors engaged in firearms and/or emergency medical and self-defense training.
Client means the undersigned party to this agreement seeking firearms instruction.
WHEREAS, in consideration of being permitted to attend a course of instruction in the use, maintenance, and deployment of firearms, for the instruction in firearms, for use of premises, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Client agrees to the following:
I. Client acknowledges that he/she has read in its entirety, the above warning in bold print appearing on the cover page of this agreement and fully understands its scope and meaning. Client further acknowledged that he/she has read in its entirety the range SOP (Standard Operation Procedure) attached hereto, fully understands its scope and meaning, and agrees to abide by all of its terms and conditions.
II. Client agrees to indemnify, hold harmless and defend Damage Factory and any of its instructors from any and all fault, liabilities, costs, expenses, claims, demands, or lawsuits arising out of, related to or connected with: Client, Client’s presence on or use of the range, building, land, and premises, and any and all acts or omissions of Client.
III. Client waives for himself/herself and for his/her executors, personal representatives, administrators, assignees, heirs and any next of kin, any and all rights and claims for damages, losses, demands and any other actions or claims whatsoever, which he/she may have or which may arise against Damage Factory and all of its instructors, employees or independent contractors (including but not limited to the death of Client and/or any and all injuries and damages or illnesses suffered by Client or Client’s property), which may, in any way whatsoever, arise out of, be related to or be connected with: the course of instruction, the premises, including any latent defect in the premises, Client’s presence on or use of said premises, Client’s property (whether or not entrusted to Damage Factory or its instructors), and the discharge of firearms. Neither Damage Factor nor any of its instructors, employees or independent contractors shall be liable for injury or loss. Client, on behalf of himself/herself and on behalf of his/her executors, personal representatives, administrators, assignees, heirs, and the next of kin, hereby
expressly releases Damage Factory and all of its instructors, employees and independent contractors from any and all such claims and liabilities. Client hereby expressly assumes the risk of taking part in the course for instruction in firearms, emergency medical, and personal defense techniques in taking part in the activities on the premises, which include but are not limited to instruction in the use of firearms, field medical equipment including tourniquet application, physical restraints, tasers, batons, the discharge of firearms, and the firing of live ammunition.
IV. Client agrees that no photography, video footage, or stills, taken by camera, cell phone, tablet or other device, will be taken on Damage Factory property with the express written consent of the owner. In the event consent is obtained, Damage Factory reserves the right and client agrees that any photograph, video footage, or stills taken by Client may be used by Damage Factory for any lawful purpose including by not limited to promotion, marketing purposes or otherwise and no compensation, monetary or otherwise will granted.
V. Client hereby acknowledges and agrees in accordance with §13-21-108, Colorado Revised Statutes, any person, to specifically include Damage Factory instructors, employees, and independent contractors, who in good faith renders emergency care or emergency assistance to a person without compensation at a place of an emergency or accident shall not be liable for any civil damages for acts or omissions made in good faith as a result of the rendering of such emergency care or emergency assistance during the emergency, unless the acts or omissions were grossly negligent or willful and wanton.
VI. Client hereby acknowledges Damage Factory and its instructors and employees are neither attorneys nor members of law enforcement. While various firearms laws are discussed during training, Client understands Damage Factory and its instructors, employees and independent contractors (with the exception of actual qualified law enforcement personnel or licensed Colorado attorneys) are not qualified to provide legal advice to Client. In the event Client requires legal advice on firearms law or other legal matters, Client acknowledges such advice should be sought from a qualified attorney, and expressly waives for himself/herself and for his/her executors, personal representatives, administrators, assignees, heirs and any next of kin, any and all rights and claims for damages, losses, demands and any other actions or claims whatsoever, which he/she may have or which may arise against Damage Factory and its instructors, employees and independent contractors, which may, in any way whatsoever, arise out of, be related to or be connected with the course of instruction to specifically include the discussion of firearms laws.
VII. Client hereby acknowledges and agrees that he/she has read this instrument in its entirety, acknowledges and understands the terms of said agreement, and is executing this instrument voluntarily. Client acknowledges and agrees that he/she has read, understands and will at all times abide by all range rules and procedures and any other rules and procedures stated by Damage Factory, its instructors, employees, and independent contractors.
VIII. Client expressly agrees that this instrument is intended to be as broad and inclusive as permitted by law and that if any provision of this instrument is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby. No remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies hereunder by Damage Factory shall not constitute any waiver of Damage Factory’s right to pursue other available remedies. This instrument binds Client and his/her executors, personal representatives, administrators, assignees, heirs and next of kin.
IX. I understand that fees paid in advance for training are in consideration of a reservation for training and are non-refundable.
X. I certify that I intend to use this training in a lawful manner. I further certify that I am not a convicted felon, the restrained party in a civil protection order or restraining order, a person with a diagnosed mental health condition, under criminal indictment, or a person convicted of a misdemeanor crime of domestic violence.