The individual named below (referred to as “I” or “me”) desires to attend or participate in MEMBERSHIP(“Activity”) at Impact Shooting Center, LLC (“Company”). As lawful consideration for being permitted by the Company to participate in the Activity, I agree to all the terms and conditions in this WAIVER, RELEASE OF LIABILTY, AND ASSUMPTION OF RISK (“Agreement”).
I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS DANGEROUS AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND PROPERTY DAMAGE. I ACKNOWLEDGE THAT THE HANDLING AND USE OF FIREARMS IS DANGEROUS. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED AND AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE. I UNDERSTAND THAT I AM UNDER NO DUTY OR OBLIGATION TO PARTICIPATE IN THIS ACTIVITY AND I MAY CEASE ACTIVITY AT ANY TIME.
I expressly waive and release all claims against the Company, and its officers, directors, instructors, employees, agents, affiliates, members, successors and assigns (collectively, “Releasees”), arising out of or attributable to my participation in the Activity, whether arising out of the negligence of the Company or any Releasees. I agree not to make or bring any claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. I shall defend, indemnify and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, arising out or resulting from any claim of a third party related to the Activity. I acknowledge that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for serious injury and/or death, and property loss. The risks may include, but are not limited to, those caused by the handling, operation, and firing of firearms, terrain, facilities, temperature, weather, condition of participants, equipment, actions of other people including, but not limited to, participants, volunteers, and/or instructors.
I certify that I am physically fit and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in this Activity.
I consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness, including transportation for medical treatment, during this Activity. I understand that I, not the Company, shall be responsible for all charges for such health care services and transportation regardless of whether my medical insurance would cover such charges. This Agreement constitutes the sole and entire agreement of the Company and me and supersedes all prior understandings, agreements, representations and warranties, both written and oral. If any term or provision of this Agreement is unenforceable it shall not affect any other term or provision of this Agreement. This Agreement is binding on and shall inure to the benefit of the Company and me and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any conflict of laws provisions. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Cincinnati, Ohio and I hereby consent to the exclusive jurisdiction of such courts.
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