I acknowledge that I have watched, in it’s entirety, the safety video prior to reading and signing this agreement. I further agree and acknowledge that I have thoroughly read, reviewed and accepted the Range Rules and Regulations provided to me and posted at the Range and will abide by them in their entirety. In consideration of being permitted to utilize Defenders Armory,LLC’s Shooting Range (the “Range ”), rent a firearm, engage in any activity including but not limited to observing any activity thereon, I, on behalf of myself, my heirs, successors and assigns (“Releasor”) agree to this Waiver & Release of Liability Agreement (“Agreement”) fully and completely. I further agree that I have read, reviewed and fully understand this Agreement, before signing this Agreement. The Releasor explicitly and unequivocally agrees to its terms and understands that it is a binding and fully enforceable contract with serious legal consequences. This Agreement shall apply to Defenders Armory,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. I fully understand and agree that 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 that could result in serious bodily injury or death. Potential sources of injury include, but are not limited to: - Being shot by another person or myself;
- being injured by a firearm experiencing a catastrophic failure;
- being hit by ricocheting bullets or hot brass ejected from firearms;
- being hit by range materials;
- noise generated by the use of firearms causing hearing loss or tinnitus;
- slipping and/or falling on debris or other items in the facility;
- injury caused by lead or other materials or chemicals;
- I further acknowledge that the above dangers and/or injuries may result in emotional and psychological injuries and damages.
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. 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), ammunition, and/or safety equipment that I rent or borrow from Defenders Armory,LLC, in addition to personally owned firearms, ammunition, and safety equipment. INDEMNIFICATION: I agree to hold harmless, defend and indemnify Releasees from all costs, including reasonable attorney fees, court costs, and any other defense 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. If I file a lawsuit or other legal action against Releasees, 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 expenses. This provision shall apply regardless of any fault of releasee. I further acknowledge and agree that this agreement shall bind myself, my heirs, assigns, and personal representatives and shall be deemed as a release, waiver, discharge and covenant not to sue the above-named Releasees. In signing this agreement, I acknowledge and represent that: A. I have read the foregoing release, understand it, and sign it voluntarily as my own free act and deed; B. No oral representation, statement, or inducement, apart from the foregoing written agreement, have been made to me by the Releasees; C. I am at least eighteen (18) years of age and fully competent; D. I will be financially responsible for any damage to the Range and/or the property of the Range, beyond normal wear and tear, caused by my actions; E. This agreement shall be governed by the laws of the Commonwealth of Pennsylvania. The Court of Common Pleas of Westmoreland County, Pennsylvania shall have exclusive jurisdiction over any litigation or claim arising from the use of the Range or the application or interpretation of this agreement regardless of any other argument, statute or legal theory presented, including but not limited to any Federal issue. F. In the event, any provision of this agreement is found to be void or unenforceable, the remaining provisions shall continue to apply as fully as permissible by law. G. I execute this agreement for full, adequate, and complete consideration fully intending to be bound by same. LEGAL & SAFE USE OF FIREARMS: I confirm that I am legally permitted to own, possess and use firearms. I acknowledge that I have been trained in the safe use of firearms. I agree that I will seek additional training or assistance from Defenders Armory,LLC personnel should I become unsure about how to handle or use any firearm in a safe manner. 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. USE OF AMMUNITION: Defenders Armory,LLC recommends the use of factory new ammunition manufactured pursuant to SAAMI, NATO and/or CIP specifications. Reloaded and remanufactured ammunition may not meet specifications and can be unsafe to use. Only ammunition purchased from Defenders Armory,LLC at the time of the visit may be used in rental firearms. I agree that I am responsible for any personal injuries and/or property damage caused by outside ammunition that I bring to Defenders Armory,LLC for use in personally owned firearms. I HAVE READ THIS DOCUMENT AND UNDERSTAND THAT IT IS A RELEASE OF ALL CLAIMS. I ASSUME ALL RISKS (BOTH KNOWN AND UNKNOWN) WITH RESPECT TO SHOOTING AND MY PARTICIPATION IN AND PRESENCE ON OR UPON THE PREMISES COMPRISING THE FACILITY. I VOLUNTARILY SIGN MY NAME BELOW. Date: December 10, 2024 |