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FRED'S SPORTS INDOOR SHOOTING RANGE ACKNOWLEDGEMENT OF RISK AND WAIVER, RELEASE & INDEMNITY AGREEMENT

I, the Range Patron, hereby acknowledge that I have voluntarily chosen to enter upon the Fred's Sport's Indoor Shooting Range facility  (the "Range") owned and operated by Herbert Real Estate, LLC and Fred's Sports and Furniture, Inc. (collectively referred to as "Fred's") and to engage in or to observe shooting and related activities at the Range.  I further acknowledge and understand that “shooting and related activities” includes any and all activities of any kind whatsoever in which I engage or observe while at the Range, whether condoned by Fred's or not.

I ACKNOWLEDGE AND UNDERSTAND THAT SHOOTING ACTIVITIES ARE INHERENTLY HAZARDOUS and involve both known and unanticipated risks which could result in damage or destruction of property and physical or emotional injury, including paralysis or death, of myself or of other persons. The risks include, but are not limited to: being shot by or shooting myself or others; partial or total loss of eyesight or hearing; inhalation or other harmful contact with lead or other contaminants; and being struck by flying or falling objects. I understand that such risks cannot be eliminated without compromising the essential qualities of shooting activities.

I FURTHER ACKNOWLEDGE AND UNDERSTAND THAT the nature and condition of the Range facilities, premises and environment is such that both known and unanticipated hazards exist which create or contribute to both known and unanticipated risks inherent in entering on to the Range, in using Range facilities and in engaging in or observing any activities of any kind whatsoever while at the Range. The hazards include, but are not limited to: slippery or unstable walking conditions caused by spent ammunition casings, flying objects, extremely loud noises, etc.  I understand that such hazards and risks cannot be eliminated without compromising the essential qualities of the Range facilities, equipment, premises and environment.

As consideration for being permitted by Fred's to enter on to the Range, to use Range facilities or equipment and to engage in or observe shooting and other activities at the Range, in addition to any other consideration paid, I agree as follows:

I EXPRESSLY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS EXISTING ON THE RANGE AND IN USING RANGE FACILITIES OR EQUIPMENT AND IN ENGAGING IN OR OBSERVING SHOOTING AND OTHER ACTIVITIES AT THE RANGE.

I AGREE to assume all responsibility and liability for any of my acts, even any negligent, reckless or criminal act or omission.

I ACKNOWLEDGE that I have read and understand the Range Rules and I agree to to abide the same.  I acknowledge that any violation of the Range Rules will result in my immediate expulsion from the Range and that I will not receive a refund for any amounts paid for entry or ammunition. 

I AGREE that I, my, heirs, guardians, representatives and assigns HEREBY RELEASE AND FOREVER DISCHARGE HERBERT REAL ESTATE, LLC and FRED'S SPORTS AND FURNITURE, INC. (I understand that “HERBERT REAL ESTATE, LLC” and “FRED'S SPORTS AND FURNITURE, INC” includes any and all officers, members, directors, attorneys, agents, stockholders, employees, contractors and affiliated individuals or organizations of HERBERT REAL ESTATE, LLC” and “FRED'S SPORTS AND FURNITURE, INC.) from and against any and all claims, demands, damages, expenses, causes of action, attachments of property, or liability of any kind whatsoever, that I, my heirs, guardians, representatives or assigns may have for property damage, personal injury or death resulting from me entering on to the Range, using Range facilities or equipment, or engaging in or observing shooting and other activities at the Range, even if such claims, demands, damages, expenses, causes of action, attachments of property, or liability result partially or wholly from any act or acts, even any negligent act or omission to act, including negligent or omitted first-aid or rescue operations or procedures, by Fred's.

I AGREE that I, my heirs, guardians, representatives and assigns HEREBY WAIVE any and all claims, demands, damages, expenses, causes of action, attachments of property, or liability of any kind whatsoever, including reasonable attorneys’ fees and costs, that I, my heirs, guardians, representatives or assigns, or anyone else, may have against HERBERT REAL ESTATE, LLC and FRED'S SPORTS AND FURNITURE, INC. for property damage, personal injury or death, whether suffered by me, resulting from me entering on to the Range, using Range facilities or equipment, or engaging in or observing shooting and other activities at the Range, even if such claims, demands, damages, expenses, causes of action, attachments of property, or liability result partially or wholly from any act or acts, even any negligent act or omission to act, including negligent or omitted first-aid or rescue operations or procedures, by Fred's

I AGREE that I, my heirs, guardians, representatives and assigns HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS HERBERT REAL ESTATE, LLC and FRED'S SPORTS AND FURNITURE, INC. from and against any and all claims, demands, damages, expenses, causes of action, attachments of property, or liability of any kind whatsoever, including reasonable attorneys’ fees and costs, that I, my heirs, guardians, representatives or assigns, or anyone else, may have for property damage, personal injury or death, whether suffered by me, resulting from me entering on to the Range, using Range facilities or equipment, or engaging in or observing shooting and other activities at the Range, even if such claims, demands, damages, expenses, causes of action, attachments of property, or liability result partially or wholly from any act or acts, even any negligent act or omission to act, including negligent or omitted first-aid or rescue operations or procedures, by Fred's 

I ACKNOWLEDGE AND AGREE that this Agreement shall be interpreted and enforced under the laws of the State of Maryland, and that the venue for any action or proceeding shall be the State of Maryland, without regard for the conflict of law rules of the State of Maryland. 

I FURTHER ACKNOWLEDGE AND AGREE that this Agreement is intended to be as broad and inclusive as permitted by law, and that if any provision or portion is held to be invalid, void or otherwise unenforceable, I agree and intend that the remaining provisions or portion shall continue and remain in full legal force and effect.

I FURTHER ACKNOWLEDGE AND AGREE that it is my understanding and intent that this Agreement, and any signed written amendments or modifications to it, shall remain in full force and effect from the date of execution and ever after and shall be applicable to each and every occasion that I enter upon the Range, use Range facilities or equipment or engage in or observe shooting and other activities at the Range.

I FURTHER AFFIRM that I am not legally prohibited from renting and/or possessing firearms and I release and forever discharge HERBERT REAL ESTATE, LLC and FRED'S SPORTS AND FURNITURE, INC. from and against any and all claims, demands, damages, expenses and causes of action relating to any consequences that result from my renting and/or possessing a firearm while on the premises should this statement not be true. 

I have carefully read this “Acknowledgement of Risk and Waiver, Release & Indemnity Agreement” and fully know its contents. I acknowledge that no other inducement, assurance or guarantee has been made to me in consideration of my signing this Agreement, which I sign voluntarily and of my own free will. I further acknowledge and agree that this Agreement may be amended or modified only by a writing signed by me and by an authorized agent of the Fred's.


I UNDERSTAND THAT BY MY SIGNATURE I AM GIVING UP SUBSTANTIAL RIGHTS, THAT I AM AGREEING NOT TO BRING AN ACTION OF ANY KIND AGAINST FRED'S, AM WAIVING ANY CLAIM I MAY HAVE AGAINST FRED'S AND AM RELEASING AND HOLDING HARMLESS FRED'S OF ALL LIABILITY.

I have read the foregoing “Acknowledgement of Risk, Waiver, Release & Indemnity Agreement” and fully know and understand its contents and acknowledge and agree to be bound by all its terms and conditions.

Today's Date: July 16, 2025 

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I, the undersigned, represent and warrant that I am the Parent or Legal Guardian of the Minor, whose name and signature appear above and hereby grant my permission and consent as to such Minor to enter upon the Range and to engage in or to observe shooting and related activities at the Range.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
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 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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