ASSUMPTION OF THE RISK, WAIVER & RELEASE OF LIABILITY,
AND INDEMNIFICATION AGREEMENT
In consideration of being permitted to enter Range USA, LLC’s Shooting Range (the “Range Facilities”), rent a firearm, shoot and/or observe any activity thereon, I, on behalf of myself, my heirs, successors and assigns (“Releasor”) agree to read this Assumption of the Risk, Waiver & Release of Liability, and Indemnification Agreement (“Agreement”) fully and completely before signing and further agree that, by signing this Agreement, Releasor explicitly and unequivocally agrees to its terms and understands that it is a binding and fully enforceable contract with legal consequences.
This Agreement shall apply to Range USA, LLC, including, but not limited to, its parent companies, subsidiaries, affiliates, other related entities, successors, owners, members, directors, officers, shareholders, agents, employees, servants, assigns, investors, legal representatives, and all individuals and entities involved in its business operations (“Releasees”).
PLEASE READ CAREFULLY. BY SIGNING THIS DOCUMENT,
YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS.
ASSUMPTION OF THE RISK: Shooting firearms, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care and steps the Releasees have taken to avoid injuries. I acknowledge that use of the Range Facilities is a potentially hazardous activity. Potential sources of injury include, but are not limited to, being shot by another person or myself, being hit by debris from a firearm experiencing a catastrophic failure, being hit by ricocheting bullets, being struck by hot brass ejected from firearms used by myself or others, being hit by falling range materials, noise generated by the use of firearms, and slipping and falling. I am also aware of the risk of injury that can be caused by exposure to lead present at the Range Facilities. I further acknowledge that entering the Range Facilities, participating in activities at the Range Facilities, and/or observing activities at the Range Facilities can cause loss or damage, including, but not limited to, death, paralysis, loss of limb, other serious physical injuries, blindness, hearing loss, tinnitus, disability, illness, mental or emotional injury, and/or property damage.
My participation and presence at the Range Facilities is purely voluntary and I elect to participate in spite of, and with full knowledge of, all inherent risks. I personally, knowingly, and voluntarily assume all these risks. By signing below, I personally, freely and expressly assume and accept any and all risks outlined above, including, but not limited to death, physical injury, illness, mental or emotional injury, property loss or damage, and all other possible losses which might be attributable to Releasees.
WAIVER & RELEASE OF LIABILITY: In consideration for Releasees allowing me to enter into and/or participate in and/or observe any activity at the Range Facilities, Releasor agrees to forever release, discharge, and hold harmless the Releasees for all loss, damage, claims or demands including, but not limited to, causes of action for negligence, gross negligence, strict liability, product liability, and premises liability. This Waiver & Release of Liability applies to all potential claims against Releasees, including claims alleging Releasees were negligent in the operation, maintenance, and/or design of the Range Facilities. I further acknowledge and realize that by signing this document, I am waiving and contractually agreeing to waive all of my rights to sue and/or bring any type of lawsuit for any loss against any of the Releasees as set forth above and described herein. I fully understand that this agreement to not bring any type of lawsuit includes claims I might have for ordinary negligence and/or gross negligence. This Waiver & Release of Liability is for any type of claim, including, but not limited to, death, paralysis, loss of limb, other serious physical injuries, blindness, hearing loss, tinnitus, disability, illness, mental or emotional injury, and/or property damage related to my presence at the Range Facilities, participation in activities at the Range Facilities, and/or observation of activities while present at the Range Facilities. This Waiver and Release also applies to the use of firearm(s) and/or safety equipment that I rent or borrow from Range USA, LLC, in addition to personally owned firearms and safety equipment.
INDEMNIFICATION: I agree to hold harmless, defend and indemnify Releasees from all defense costs (including reasonable attorney fees, court costs, and investigative costs) incurred in connection with any and all claims brought against Releasees whether for death, physical injury, illness, mental or emotional injury and/or property loss or damage arising from my presence at, or use of, the Range Facilities, including claims that Releasees were negligent or solely at fault. If I file a lawsuit or other legal action against Releasees that is barred by this Agreement, I agree to reimburse Releasees for all costs they incur in the defense of such lawsuit or action, including reasonable attorney fees, court costs, and investigative costs. This provision is intended to apply to the fullest extent permissible by law, and applies in all situations, including where the Releasees are solely at fault.
AGREEMENT TO PAY FOR DAMAGES: I agree to assume all liability and pay for any damage I cause to Range USA, LLC’s property, including, but not limited to the Range Facilities, tables, counters, rental firearms, target carriers, trash cans, the floor, any part of the shooting stalls and benches, doors, soundproofing material on walls, light fixtures, bulbs, windows, switches, etc. and the personal property of any other person. This agreement to pay for damages applies regardless of whether the damages are caused intentionally, willfully, recklessly, negligently, accidentally, or without any fault on my part. If Range USA, LLC is required to commence a legal proceeding against me to collect monies I owe for damages covered by this Agreement, I agree to reimburse Range USA, LLC for all costs it incurs in connection with such proceeding, including reasonable attorney fees, court costs, and investigative costs.
USE OF FIREARMS: I confirm that I am legally permitted to own, possess and use firearms in the Range Facilities and elsewhere. I acknowledge that I have been trained in the safe use of each firearm that I will use at the Range Facilities, and have watched the Range USA Safety Video. I will seek additional training or assistance from Range USA, LLC personnel should I become unsure about how to handle or use any firearm in a safe manner. I further acknowledge that I have read and understand the posted Range Rules, and that I agree to comply with them as a condition to my presence at and use of the Range Facilities. I confirm that I am not under the influence of alcohol or any illegal drugs, and am not taking any prescription or over-the-the counter medication that could impair my ability to safely possess and use a firearm. I am not depressed, nor do I intend to harm myself or others.
MISCELLANEOUSEvery term and provision of this Agreement is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable. This Agreement shall be governed by law of the state of the range facilities I am using, without regard to its conflict of laws rules, and all claims, controversies, disputes or suits shall be litigated exclusively in said State. This Agreement is entered into voluntarily after careful consideration, and is binding upon the person signing below, their heirs, successors, assigns, executors, administrators, wards, minor children and other family members. This Agreement shall remain in effect and cover future occasions on which I am present at the Range Facilities, participate in activities at the Range Facilities, and/or observe activities while present at the Range Facilities after the date on which this Agreement is signed.
BY SIGNING BELOW, I HEREBY CERTIFY THAT I HAVE READ THIS AGREEMENT, UNDERSTAND IT, ACCEPT ALL OF ITS PROVISIONS, AND VOLUNTARILY AGREE TO BE BOUND BY IT.
Today's Date: February 25, 2024