RELEASE OF LIABILITY
ACKNOWLEDGMENT AND ACCEPTANCE OF ALL DANGERS, RISKS,
AND HAZARDS OF FIRING RANGE AT
CASTLE FIREARMS TRAINING CENTER, LLC, DEFENDER TRAINING INSTITUTE, AND MONARCH EXECUTIVE PROTECTION SERVICES
LOCATED IN LYNN COUNTY, TEXAS
I, the undersigned, hereby acknowledge that I have knowingly and willingly entered into this Contract and Agreement and am bound by the terms hereof. It is understood that I am a paying client or guest of Castle Firearms Training Center, LLC, located in Lynn County, Texas, hereinafter called the “Center.” Further, I hereby acknowledge that the Center also contains other companies on the premises: Defender Training Institute, LLC and Monarch Executive Protection Services.
I specifically understand and agree that there is no warranty, either expressed or implied, made by the Center as to the condition of the Center located in Lynn County, Texas, or any roads, buildings, or any and all other improvements located thereon. This document is sufficient warning that dangerous conditions, risks, and hazards do exist on the property, and my presence and activity on the Center exposes me and my property to dangerous conditions, risks and hazards, including, but not limited to: negligent use of a firearm by me; negligent use of a firearm by another; intentional use of a firearm by another; poisonous snakes; insects and spiders; erosion and general conditions upon the land, both on and off roadways creating rough hazardous and dangerous driving and walking conditions; and animals, both wild and domestic, that may be potentially dangerous. I understand that there are also other persons present with firearms, both on and off the Center, and I hereby state that I expressly assume all the dangers enumerated in this paragraph and all risks and hazards, whether enumerated herein or not, that I am exposed to by being on the property, and participating in inherently dangerous activities upon the Center property.
Furthermore, I declare I am aware of State v. Shumake, 131 S.W.3d 66 (Tex. App.—Austin 2003), affirmed, 2006 WL 17; 16304 (Tex. 2006) decided by the Texas Supreme Court in 2006. In that case, the landowner’s failure to warn of an extremely dangerous man-made condition may give rise to a cause of action for gross negligence. I hereby agree and declare that the “Warning of Dangerous Conditions on Premises” stated in the above paragraph serves to warn me of any actual and/or potentially dangerous natural or man-made conditions that I may reasonably expect to encounter on the premises that may cause serious bodily harm or death or cause damage to or destruction of my personal property. I hereby state that I am aware of the dangerous conditions, risks, and hazards mentioned earlier and that I specifically:
1) understand and appreciate the nature and extent of the risks and dangers of being exposed to those and other associated dangerous conditions;
2) understand the risks of handling firearms and being near others that have firearms in their possession;
3) understand that a degree of skill and knowledge is necessary when firing a gun and that shooting requires proper physical conditioning;
4) understand the risk of ear damage from noise associated with gunfire;
5) understand the risk of injury from ammunition, and target pieces from other guns;
6) understand that risk of ricochets from targets or projectiles;
7) understand the risk of damage to property by others or flying debris or projectiles;
8) understand that I am solely responsible for the negligent discharge of my firearm;
8a) understand additionally, I may be charged criminally under Texas Penal Code, Sec. 22.05 Deadly Conduct (or any other applicable statutes); which reads:
Sec. 22.05. DEADLY CONDUCT. (a) A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.
(b) A person commits an offense if he knowingly discharges a firearm at or in the direction of:
(1) one or more individuals; or
(2) a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.
(c) Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded.
(d) For purposes of this section, "building," "habitation," and "vehicle" have the meanings assigned those terms by Section 30.01.
(e) An offense under Subsection (a) is a Class A misdemeanor. An offense under Subsection (b) is a felony of the third degree.
9) understand the risk of interaction with law enforcement K9s that may be on the premise; and
10) voluntarily, expressly, and knowingly consent to expose myself and my personal property to those and other associated dangerous conditions. I state that I knowingly and expressly ASSUME THE RISK of my exposure to the dangerous conditions, risks, and hazards expressed above and agree that my ASSUMPTION OF RISK may be used by the Center as a defense in a court of law for any alleged negligence or gross negligence for failing to warn me of any dangerous natural or man-made conditions that I am apt to encounter expectedly or unexpectedly on the premises, including injury, paralysis, or death.
In consideration for the right to enter the premises, I hereby release and agree to protect, indemnify, and hold harmless the Center and the Center’s employees, owners, and heirs and assigns, as well as Defender Training Institute, LLC and Monarch Executive Protection Services, from and against any and all claims, demands, causes of action, and damages, including attorney’s fees, resulting from any and all accidents, incidents, or occurrences arising out of, incidental to, or in any way resulting from the use of the premises, as well as any and all improvements located thereon, whether or not caused by the Center’s negligence, the Center’s gross negligence, or anyone else’s negligence. This Release applies during the time that I am permitted on the premises, and I further covenant and agree that I, my heirs, successors, and assigns will not make any claim or institute any suit or action at law or in equity against the Center and specifically release the Center and all of the Center’s trustees, heirs, owners, legal representatives, agents, employee, successors, or assigns as aforementioned.
I HEREBY AGREE TO FOLLOW ALL RULES AS SET FORTH BELOW AND AGREE THAT I MAY BE REMOVED FOR VIOLATION OF ANY OF THE FOLLOWING:
1. ALL FIREARMS CARRIED IN ACCORDANCE WITH STATE LAWS, TYPICALLY REFERRED TO AS “EDC” (every day carry) MUST REMAIN HOLSTERED. FIREARMS THAT WILL BE USED ON THE RANGE MUST BE UNLOADED UNTIL ARRIVAL AT THE FINAL SHOOTING LOCATION.
2. NO VEHICLES OF ANY KIND SHALL BE ALLOWED OUTSIDE OF CLEARLY MARKED OR DEFINED ROADWAYS.
3. ALL STATE, FEDERAL, AND LOCAL LAWS SHALL BE COMPLIED WITH AND FOLLOWED BY THE UNDERSIGNED.
4. NO TRASH, RUBBISH, WASTE, OR REFUSE SHALL BE LEFT UPON THE CENTER PROPERTY.
5. ALL EXPENDED SHELLS, CASINGS, AND EXPENDED AMMUNITION SHALL BECOME THE PROPERTY OF THE CENTER.
6. FIREARM SAFETY SHALL BE FOLLOWED AT ALL TIMES.
7. NO ALCOHOL IS ALLOWED ON THE CENTER PREMISES.
8. ALL POSTED WARNINGS AND RULES SHALL BE FOLLOWED AT ALL TIMES.
9. PROPER PROTECTIVE EYEWEAR AND PROTECTIVE EARWEAR ARE REQUIRED BY THE CENTER.
10. NO INTERACTION SHALL TAKE PLACE BETWEEN CENTER ATTENDEES AND ANY K9 ON THE PREMISES SINCE K9 ANIMALS ARE EITHER FULLY TRAINED OR ARE IN TRAINING AND ARE REQUIRED TO FOCUS 100% OF ITS ATTENTION ON ITS HANDLER.
11. NO FOUL LANGUAGE.
12. NO TOBACCO USE OF ANY KIND, INCLUDING BUT NOT LIMITED TO: CIGARETTES, CIGARS,VAPE, CHEWING TOBACCO.
13. ALL PARTIES MUST CHECK IN PRIOR TO PROCEEDING DOWN RANGE.
14. IF YOU ARE FOUND TO BE A RECURRING HINDRANCE TO SAFE, EFFICIENT, PLEASANT RANGE OPERATIONS, YOUR MEMBERSHIP MAY BE PERMANENETLY REVOKED WITHOUT REFUND.
15. ANYONE ON THE RANGE MAY CALL A CEASE FIRE – IF A CEASE FIRE IS CALLED, IT MUST BE FOLLOWED IMMEDIATELY.
16. YOU WILL BE ASKED TO LEAVE IF ACCOMPANYING MINORS ARE UNRULY OR UNSAFE OR ARE DETRACTING FROM THE QUALITY OF RANGE TIME OF OTHERS.
17. ALL FIREARMS MUST BE UNLOADED AND SHOW CLEAR PRIOR TO MOVING DOWN RANGE. SLIDES LOCKED BACK, BOLTS OPEN, BCGs LOCKED BACK, BREECHES OPEN, ETC. WITH MAGAZINE REMOVED, EJECTION PORT UP.
18. YOU MAY NOT HANDLE ANY FIREARMS WHILE INDIVIDUALS ARE DOWN RANGE.
IN CONSIDERATION FOR ALLOWING ME TO BE ACCOMPANIED BY MINORS ON THE CENTER PREMISES, I AGREE TO KEEP CLOSE SUPERVISION OF THE MINOR(S) IN MY WATCH AND CARE AT ALL TIMES. I FURTHER AGREE TO INDEMNIFY THE CENTER FOR ALL CLAIMS STEMMING FROM THE INJURY AND OR DEATH OF A MINOR OR MINORS IN MY WATCH AND CARE CAUSED BY MY LACK OF OR NEGLIGENT SUPEVISION.
I AGREE AND UNDERSTAND THAT THE ABOVE CONDITIONS AND RULES, I WILL OBSERVE AND FOLLOW THE CENTER RULES AND KNOW THAT VIOLATIONS OF THEM OR ANY OTHER UNREASONABLE CONDUCT WILL RESULT IN THE FORFEITURE OF MY RIGHTS UNDER THIS AGREEMENT WITHOUT ANY REFUND AND WILL RESULT IN MY REMOVAL FROM THE PROPERTY.
I ACKNOWLEDGE THAT THESE RULES MAY CHANGE AT ANY TIME AND THAT THE CENTER MAY ENACT NEW RULES AS NEEDED WITHOUT NOTICE.
I HAVE HAD SUFFICIENT TIME TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTAND IT, AND I AGREE TO IT IN ITS ENTIRETY.