1. DEFINITIONS For purposes of this Agreement: “RELEASED PARTIES” means 88 Tactical Omaha, LLC; 88 Tactical Franchise Group, LLC; 88 Tactical Building Group, LLC; 88 Tactical Group, Inc.; Degan Holdings, LLC; all affiliated or related entities; property owners; landlords; officers; directors; shareholders; members; managers; employees; instructors; range safety officers; contractors; vendors; sponsors; event organizers; volunteers; agents; representatives; successors; and assigns. “FACILITY” means any indoor or outdoor property, building, range, parking lot, common area, sidewalk, classroom, lounge, restaurant, bar, retail area, fitness area, simulator space, training environment, event venue, office, storage area, or other premises owned, leased, occupied, operated, sponsored, managed, or controlled by RELEASED PARTIES, whether temporary or permanent. “ACTIVITIES” means any use of the FACILITY or participation in any service, program, event, instruction, recreation, entertainment, dining, firearms-related activity, simulation, fitness activity, observation, competition, class, private event, social gathering, retail activity, or other activity occurring at or associated with the FACILITY. “GUEST” means the participant signing this Agreement and includes the participant’s heirs, assigns, estate, family members, dependents, representatives, guardians, and personal representatives.
2. ACKNOWLEDGMENT AND ASSUMPTION OF RISK I understand and acknowledge that the FACILITY and ACTIVITIES involve inherent and significant risks, dangers, and hazards that may result in serious bodily injury, illness, emotional distress, disability, death, or property damage. These risks may arise from known or unknown conditions and may include, but are not limited to: - Firearms discharge, ammunition, ricochets, explosions, smoke, lead exposure, noise exposure, and weapons handling
- Physical exertion, exercise, fitness activities, slips, trips, falls, lifting injuries, and equipment misuse
- Interactions with other guests, participants, instructors, vendors, or third parties
- Criminal acts, negligent acts, horseplay, accidental conduct, or intentional misconduct by other individuals
- Exposure to alcohol consumption, intoxicated individuals, impaired judgment, or disruptive conduct
- Food preparation, food allergies, choking hazards, burns, or alcohol service
- Use of rental equipment, simulators, vehicles, machinery, golf simulators, or other recreational equipment
- Weather conditions, outdoor terrain, insects, animals, vegetation, or environmental hazards
- Exposure to bacteria, viruses, communicable diseases, or other illnesses
- Theft, loss, or damage to personal property, firearms, vehicles, or valuables
- Negligent maintenance, negligent supervision, negligent instruction, negligent security, or negligent emergency response
I understand that these risks may result from the NEGLIGENCE OF RELEASED PARTIES or from the actions of other persons. I voluntarily and knowingly assume all risks associated with entering the FACILITY, participating in ACTIVITIES, or being present on the premises, whether known or unknown, foreseeable or unforeseeable.
3. RELEASE OF LIABILITY AND COVENANT NOT TO SUE To the fullest extent permitted by law, I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE RELEASED PARTIES from any and all claims, demands, damages, causes of action, liabilities, losses, costs, expenses, attorney fees, or claims for compensation arising out of or related to: - Personal injury
- Illness
- Emotional distress
- Death
- Property damage
- Theft or loss of property
- Economic damages
- Any other loss or injury
Whether arising directly or indirectly from my presence at the FACILITY or participation in ACTIVITIES, INCLUDING CLAIMS ARISING FROM THE NEGLIGENCE OF RELEASED PARTIES. This release applies regardless of whether I am actively participating in ACTIVITIES or merely observing, attending, dining, shopping, socializing, spectating, or otherwise present on the premises.
4. INDEMNIFICATION I agree to defend, indemnify, and hold harmless RELEASED PARTIES from and against any and all claims, liabilities, damages, losses, actions, judgments, settlements, fines, penalties, attorney fees, and costs arising from: - My conduct
- My participation in ACTIVITIES
- My presence at the FACILITY
- Damage caused by me or persons under my supervision
- My violation of FACILITY rules or policies
- Claims brought by family members, guests, minors, or third parties related to my conduct or participation
This indemnification obligation survives the termination of this Agreement.
5. HEALTH, FITNESS, AND MEDICAL ACKNOWLEDGMENT I certify that I am physically and mentally capable of safely participating in ACTIVITIES and entering the FACILITY. I acknowledge that RELEASED PARTIES have not made any representation regarding my fitness or ability to safely participate. I understand that emergency medical services may be delayed or unavailable and that RELEASED PARTIES are under no obligation to provide medical assistance. I authorize emergency medical treatment if deemed necessary and accept full financial responsibility for any resulting medical care.
6. EQUIPMENT AND PERSONAL PROPERTY I understand that I may use personal or rented equipment during ACTIVITIES. I accept all responsibility for inspecting, maintaining, and safely operating any equipment I use. RELEASED PARTIES are not responsible for lost, stolen, or damaged property, including but not limited to: - Firearms
- Ammunition
- Vehicles
- Electronics
- Jewelry
- Wallets
- Bags
- Personal belongings
7. RULES, SAFETY POLICIES, AND REMOVAL I agree to comply with all FACILITY rules, safety policies, staff instructions, posted signage, and operational procedures. RELEASED PARTIES reserve the right to refuse service, deny entry, remove any person from the FACILITY, or terminate participation in ACTIVITIES at any time for safety, operational, behavioral, intoxication, or policy-related reasons. No refund shall be required if removal occurs due to policy violations, unsafe behavior, intoxication, harassment, threats, or disruptive conduct.
8. ALCOHOL AND CONTROLLED SUBSTANCES I acknowledge that alcohol may be served or consumed at the FACILITY. I agree not to participate in any prohibited ACTIVITY while impaired by alcohol, drugs, medication, or controlled substances. I voluntarily assume all risks associated with interacting with intoxicated or impaired persons at the FACILITY.
9. MINOR PARTICIPANTS If signing on behalf of a minor, I certify that I am the parent or legal guardian of the minor participant. I agree to all terms of this Agreement on behalf of the minor and further agree to indemnify and hold harmless RELEASED PARTIES from any claims brought by or on behalf of the minor participant.
10. PHOTO, VIDEO, AND MEDIA RELEASE I authorize RELEASED PARTIES to photograph, video record, or otherwise capture my likeness, voice, or image while at the FACILITY. I grant RELEASED PARTIES a perpetual, royalty-free license to use such materials for lawful promotional, advertising, marketing, educational, or commercial purposes without compensation or further approval.
11. SAFETY VIDEO ACKNOWLEDGMENT Prior to participating in ACTIVITIES or entering designated operational areas of the FACILITY, GUEST may be required to review a safety orientation video provided by RELEASED PARTIES. Safety Video Link: CLICK HERE FOR SAFETY VIDEO
By signing this Agreement, I certify and acknowledge that: - I accessed and reviewed the required safety video in its entirety
- I understand the safety rules, operational procedures, and expectations outlined in the video
- I understand that failure to follow safety instructions may result in immediate removal from the FACILITY
- I agree to comply with all verbal instructions, posted signage, range rules, staff directives, and operational safety procedures
I acknowledge that I clicked, accessed, and reviewed the required safety video provided by RELEASED PARTIES.
12. ELECTRONIC SIGNATURE CONSENT I consent to the use of electronic signatures and electronic records in connection with this Agreement. I understand that my electronic signature is legally binding and has the same force and effect as a handwritten signature.
13. GOVERNING LAW AND VENUE This Agreement shall be governed by and construed under the laws of the State of Nebraska. Any legal action arising out of or related to this Agreement shall be brought exclusively in the state or federal courts located in Sarpy County, Nebraska.
14. SEVERABILITY If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15. ACKNOWLEDGMENT OF UNDERSTANDING I acknowledge that: - I have carefully read this Agreement
- I fully understand its contents
- I understand that I am waiving substantial legal rights
- I sign this Agreement voluntarily and without coercion
- I have had the opportunity to consult legal counsel before signing
BY SIGNING BELOW, I AGREE TO BE BOUND BY ALL TERMS OF THIS AGREEMENT. Date: July 21, 2026 |