RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AND PARENTAL CONSENT AGREEMENT (THE “AGREEMENT”) IN CONSIDERATION of being permitted to participate in any way in the firearms instruction activities, all as further described below (The “Activity”) I, for myself for personal representatives, assigns, heirs, and next of kin: 1. Acknowledge, agree, and represent that (a) I understand the nature of the Activity, (b) that I am qualified, in good health, and in appropriate physical condition to participate in the Activity, which shall consist of training in the operation of firearms, including, but not limited to, revolvers, semi-automatic pistols, rifles, shotguns, carbines and fully automatic firearms, including, without limitation, the loading, unloading and firing of same. I further agree that if at any time, I believe the conditions to be unsafe, I will immediately discontinue further participation in the Activity. 2. Fully understand that: (a) the Activity involves risks and danger of serious bodily injury including permanent disability, paralysis and death (collectively, the Risks”); (b) such Risks may be caused by my own action and inaction, the actions or inaction of others participating in the Activity, the conditions under which the Activity is conducted, or the negligence of the Releasees (as defined below); (c) that the intent of the course content is the recreational and sporting/competition use of the particular firearms platform being taught, and not for defensive purposes; (d) that there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR THE LOSSES, COSTS AND DAMAGES I incur as a result of my participation in the Activity. 3. HEREBY RELEASE DISCHARGE, COVENANT NOT TO SUE AND SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THOMAS DRESNER, LINDENHOF ENTERPRISES LLC, AND HIS ADMINISTRATORS, DIRECTORS, AGENTS, OFFICERS, MEMBERS, VOLUNTEERS, AND EMPLOYEES (COLLECTIVELY, THE “RELEASEES”), FROM AND AGAINST ALL ACTIONS, CLAIMS, COSTS, (INCLUDING WITHOUT LIMITATION, COSTS OF INVESTIGATION, LITIGATION, AND COURT COSTS), DAMAGES, DEMANDS, FINES, INTEREST, JUDGMENTS, LIABILITIES, LOSSES, PENALTIES, PROCEEDINGS, SUITS (INCLUDING APPEAL), AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) (COLLECTIVELY, “CLAIMS”) ARISING OUT OF, OR RELATED TO THE ACTIVITY. THE OBLIGATIONS TO RELEASE, DISCHARGE, INDEMNIFY, DEFEND AND HOLD HARMLESS AND THE COVENANT NOT TO SUE CONTAINED IN THIS SECTION 3 SHALL APPLY, EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE, OR CONCURRENT NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, CONTRACTURAL LIABILITIES OF THIRD PARTIES, OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, ANY OF THE RELEASEES. 4. I have read this 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 provision of this Agreement is held to be illegal, invalid, or unenforceable under the present and future laws (i) such provision will be fully severable, (ii) this Agreement will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and (iii) the remaining provisions of this Agreement will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement.
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