Terms and Conditions: IN CONSIDERATION of being permitted to participate in any way in an instruction course in firearms usage, for the instruction in firearms, for use of facilities equipment or ranges (each, a “Athena Arms Activity”) of Emwie, LLC DBA Athena Arms, a Nebraska limited liability company, or its subsidiaries or affiliates (collectively herein, “Athena Arms”),I, for myself and for my personal representatives, assigns, heirs, and next of kin: ACKNOWLEDGE, agree, appreciate, and represent that I understand the nature of Athena Arms Activities and that I am qualified, in good health, and in proper physical and mental condition to participate in such Activity and that, before using the Range, I either have watched or will watch the Athena Arms safety presentation which can be found on our website. I am familiar with and understand the operation of each firearm which I will use at Athena Arms. The word “operation” includes the safe handling, loading and unloading procedures, and safety mechanisms and features of each firearm. I further warrant that I am not prohibited from possessing firearms by law. I further agree and warrant that if at any time I believe the conditions or teachings to be unsafe, I will immediately discontinue further participation in the Activity and bring my concerns to Athena Arms management. I acknowledge that the owners and operators of Athena Arms have employed diligent efforts and care in making the training classes, facilities and range as safe as possible and that, despite the foregoing efforts, I understand that there are, nevertheless, certain inherent risks in using the facilities and range. Among those risks are possible trips, falls, exposure to lead, or bodily injury or death from instruction in the use of firearms, the discharge of firearms and the firing of live ammunition, etc. I specifically acknowledge the existence of these risks and agree to the use of the premises and facilities with the full understanding of all risks. I FULLY UNDERSTAND THAT: (A) ATHENA ARMS ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, HEARING LOSS, PARALYSIS, AND DEATH (“RISKS”); (B) These risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Athena Arms Activity, the condition in which the Athena Arms Activity takes place, or the negligence of the releasees named below; (C) There may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time, and I KNOWINGLY, FREELY AND FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES including all direct, indirect, incidental, special, consequential or punitive damages I incur as a result of my participation or that of the minor for whom I am authorized to assume risks for in the Athena Arms Activity. I waive all claims on behalf of myself, my guests, my heirs, executors, administrators and personal representatives for any demands, claims or causes of action for any injury, death, property damage, loss or liability arising out of Athena Arms Activities. I HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE ATHENA ARMS, or any related companies or subsidiaries, their respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owner and lessors of the premises on which the Athena Arms Activity takes place (each considered one of the “RELEASEES” herein), FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS, AND I FURTHER AGREE that if, despite the RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which they may incur as a result of such claim. I have been given the opportunity to consult with legal counsel before signing this agreement, and I acknowledge that I sign with legal counsel’s approval or by my signature I hereby waive my right to consult with counsel and assume the risk of signing this agreement voluntarily. I ALSO AGREE TO RELEASE OF ANY INSTRUCTOR. Undersigned agrees to indemnify, hold harmless and defend Instructor from any and all fault, liabilities, costs, expenses, claims or lawsuits arising out of, related to or connected with: Undersigned’s presence at and/or participation in the course of instruction; the discharge of firearms by Undersigned or by others in Undersigned’s presence; Undersigned’s presence on or use of the range, buildings, land and premises (“Premises”); and, any and all acts or omissions of Undersigned. Undersigned further waives for himself/herself and for his/her executors, personal representatives, administrators, assignees, heirs and next of kin, any and all rights and claims for damages, losses, demands and any other actions or claims whatsoever, which he/she may have or which may arise against Instructor (including but not limited to the death of Undersigned and/or any and all injuries, damages or illnesses suffered by Undersigned or Undersigned’s property), which may, in any way whatsoever, arise out of, be related to or be connected with: the course of instruction; the Premises; Undersigned’s property (whether or not entrusted to Instructor); and/or the discharge of firearms. I HAVE READ THIS ENTIRE AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT. February 8, 2025 |