RANGE USE, RELEASE, INDEMNIFICATION, AND LIABILITY WAIVER AGREEMENT
Today’s Date: October 6, 2022
Access to the OnPoint shooting range and tertiary areas will be available only to persons who are legally able to possess a firearm. Visitors must be in strict compliance with all federal, state and local laws concerning ownership and the handling of firearms and ammunition. Access may be granted or revoked at the sole discretion of OnPoint. This Range Use, Release, Indemnification, and Liability Waiver Agreement (this “Agreement”) is executed by the undersigned (“User”) in favor of and for the benefit of OnPoint Solutions, Inc. a North corporation (“OnPoint”), and its owners, managers, officers, employees, contractors, agents, and any other persons or entities acting on behalf of such entity (collectively with OnPoint, the “OnPoint Parties”), in consideration of OnPoint’s allowing User to use its facilities or equipment.
PLEASE ACKNOWLEDGE YOUR ACCEPTANCE OF AND AGREEMENT WITH ALL TERMS AND CONDITIONS OF THIS INSTRUMENT BY SIGNING THIS AGREEMENT IN THE SPACE SET FORTH BELOW. PLEASE INITIAL EACH PARAGRAPH WHERE INDICATED.
I understand the foregoing and agree that all information given in this Agreement is true and correct to the best of my knowledge.
REQUIREMENTS FOR USERS; RESPONSIBILITY FOR MINORS
As a material inducement to OnPoint’s permitting me to use OnPoint’s facilities and equipment, I hereby acknowledge, agree, and represent as follows, effective as of every time that I use OnPoint’s facilities or equipment:
a. I am at least 18 years of age.
b. If I am accompanied by one or more minors (“Accompanying Minors”), I am the parent or legal guardian of such Accompanying Minors and warrant that the statements contained herein are true and correct with respect to such Accompanying Minors. I understand and agree that I will be solely responsible for the safety and responsibility of such Accompanying Minors and any other guests accompanying me.
c. I am mentally and physically capable of and qualified to safely use firearms, ammunition, and the equipment that I will be using at OnPoint’s facility.
d. I am not, and have not prior to shooting been, under the influence of any drugs (lawful or unlawful) or alcohol. (It is particularly important that you are not under the influence of any medications that may result in drowsiness or affect may the mind).
e. I am capable of reading English.
f. I am aware that lead in ammunition is a hazardous substance that can cause serious illness, injury, or death if it is inhaled, ingested, or absorbed by my body and agree to carefully wash my hands after handling ammunition, discharging a firearm, or otherwise using the OnPoint shooting range, especially prior to drinking or consuming any food.
g. I am aware of the inherently dangerous nature of firearms and ammunition and fully understand they can cause serious injury, disability, or death, and that these risks may be caused by my own negligence or by the negligence or fault of others.
NOT PROHIBITED PERSON
I also acknowledge, agree, and represent the following, effective as of every time that I use OnPoint’s facilities or equipment:
a. I am a United States citizen, a Lawful Permanent Resident, or a resident alien or non-resident alien that is lawfully in the United States.
b. I have not been convicted of a misdemeanor crime of domestic violence.
c. I have not been convicted of a felony, or any other crime punishable by imprisonment for a term exceeding one year.
d. I am not a fugitive from justice.
e. I am not an unlawful user of, or addicted to, marijuana or any depressant, stimulant, or narcotic drug, or any other controlled substance. (Note: marijuana is not legal in North Carolina. Habitual marijuana users are not permitted to use the OnPoint shooting range or Equipment. Ordinary tobacco and caffeine usage is not disqualifying. Ask if you have questions about any other medications or over the counter drugs.)
f. I have not been adjudicated mentally defective or been committed to a mental institution.
g. I have not been discharged from the Armed Forces under dishonorable conditions or with a Bad Conduct Discharge (or Other Than Honorable conditions during the past five years).
h. I am not subject to a restraining order.
i. I have not had thoughts of harming myself or others during the past five years.
j. I am otherwise legally eligible to possess a firearm under applicable North Carolina and Federal law.
AMMUNITION. I hereby affirm that the ammunition that I will use in my firearm(s) was loaded by a licensed manufacturer, or was hand-loaded using best industry practices that I will be fully responsible for. Further, I understand that OnPoint DOES NOT PERMIT THE USE OF STEEL OR ALUMINUM CASED, ARMOR PIERCING, STEEL CORE, INCENDIARY, or TRACER AMMUNITION and that I will be in breach of this agreement if I use this ammunition. Not only will I be fully responsible for any property damage or personal injury resulting from the use of any such ammunition, I may face heightened liability for such actions.
I acknowledge that I have received, read and understand the Range Rules posted by OnPoint and have watched the safety video as required by OnPoint and I agree to comply with all such rules and safety guidelines and to follow the instructions of any OnPoint Range Safety Officer at all times.
I have been informed that firearms education courses are available to any user who is unfamiliar with shooting as a recreational activity.
I further acknowledge and agree that failure to strictly comply with the Range Rules could result in my expulsion from the range and the temporary or permanent loss of range privileges.
I expressly acknowledge that the management of OnPoint reserves the right to immediately terminate the use of the OnPoint facility by any person who violates the OnPoint Range Rules or whose actions or conduct, in management’s sole discretion, demonstrate unsafe firearm handling practices, a lack of proper training, or other disregard for the safety or well-being of the staff or other customers of OnPoint.
I hereby agree to be financially responsible and liable for any property damage resulting from my intentional or unintentional acts (or those of Accompanying Minors) while on the business premises of OnPoint (the “Premises”), including damage resulting from shooting the target carrier (intentionally or unintentionally), rails, stall dividers or cameras. I agree that I am fully responsible for the loss or theft of, or damage to, any firearms or other personal property I bring to OnPoint or leave in my automobile on the Premises.
EQUIPMENT RENTAL OR PURCHASE
In the event that I rent or otherwise utilize firearms, equipment or accessories furnished or made available by OnPoint or its representatives (herein, “equipment”), I expressly assume all risks associated with such equipment or accessories including without limitation equipment malfunction, failure and damage, any of which could result in hearing loss, death or other serious bodily injury. I agree that it is my responsibility to learn how to use all equipment safely and I agree to do so.
I acknowledge and agree that if I purchase equipment from OnPoint, after the return period specified by OnPoint (normally 30 days), my sole remedy is with the manufacturers of such equipment. I expressly waive any implied warranties of merchantability and warranties of fitness for a particular purchase in connection with purchases from OnPoint.
ASSUMPTION OF SPECIFIC RISKS AND OTHER RISKS; RELEASE.
I acknowledge and agree that my presence on the Premises and my use of the indoor firing range operated by OnPoint involves and entails known and unanticipated risks that could result in bodily injury, emotional injury, permanent disability, paralysis, death, or damage to myself, to property, or to others, including risks related to the use and discharge by myself and others of pistols, rifles, shotguns, machine guns and other firearms, which are dangerous activities. These risks include, among other things, the undersigned or third parties being shot by a firearm causing grave bodily injury or death, suffering hearing loss, eye injury or loss, blindness, inhalation or contact with airborne contaminants (such as lead) and or flying debris, fractures, partial or total paralysis, heart attack or other ailments that could cause serious disability.
I fully understand and acknowledge that these risks and dangers may be caused by the negligence of OnPoint Parties, the negligence of others on the Premises, accidents, conditions on the Premises, equipment malfunction or failure, or other causes and may arise from foreseeable or unforeseeable causes. My participation in activities at the Premises is purely voluntary, and I elect to participate despite both the known and the unanticipated risks. I agree to closely supervise any children accompanying me at all times, and understand that such minor children are only allowed to handle and shoot firearms under my direct supervision and control.
In consideration of being permitted to use of the Premises (such as the firing range or other OnPoint facilities), I, on behalf of myself AND for my personal representatives, heirs, parents, children, executors, next of kin, any person or entity claiming by or through me or representing me in any capacity whatsoever, attorneys and assigns, jointly or severally, hereby voluntarily agree as follows:
- I fully and voluntarily accept and knowingly and WILLINGLY ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY for all losses, costs, injuries and damages sustained or incurred by me (and/or any of my guests or Accompanying Minors) resulting from or arising out of any my presence on the Premises, my use of the firing range, or and any other activity or event occurring on the Premises or with respect to OnPoint equipment or systems, including all risks of personal injury, death, property damage, or other losses resulting from any negligence, or other acts or omissions, of any OnPoint Parties or others participating in activities at the Premises; and
- To the maximum extent allowed by law, I HEREBY RELEASE IN FULL, HOLD HARMLESS AND FOREVER DISCHARGE, OnPoint and all OnPoint Parties, whether acting officially or otherwise, from and against any and all claims, demands, causes of action, losses, costs, expenses, attorneys’ fees, damages and liabilities, of whatever kind or nature, whether in contract, tort, or otherwise, for any injury, death, property damage, disability or any other loss, liabilities or damages resulting from or arising out of any activity whatsoever occurring on the Premises, including without limitation claims, injuries or damages caused by negligence, gross negligence, omissions or failure to guard or warn against dangerous condition, negligent rescue operations, or the use or misuse of firearms, whether or not caused by any act, omission or negligence of any of the OnPoint Parties.
COVENANT NOT TO SUE; INDEMNITY
In consideration of being permitted to use the Premises, such as the firing range or other OnPoint facilities, equipment or systems, I, ON BEHALF OF MYSELF, ANY ACCOMPANYING MINORS OR OTHER GUESTS, AND MY AND MY ACCOMPANYING MINORS’ HEIRS, PERSONAL REPRESENTATIVES, ADMINISTRATORS, EXECUTORS, NEXT-OF-KIN, AND ASSIGNS, FOREVER COVENANT NOT TO SUE ANY ONPOINT PARTY WITH RESPECT TO OR FOR ANY CLAIM, DEMAND, CHARGE, SUIT, JUDGMENT, PENALTY, COST, OR EXPENSES (INCLUDING ATTORNEYS FEES) ARISING OUT OF OR CAUSED, DIRECTLY OR INDIRECTLY, BY USER’S OR ANY ACCOMPANYING MINORS’ USE OF ONPOINT’S FACILITIES, EQUIPMENT, OR SYSTEMS.
ADDITIONALLY, I AGREE TO INDEMNIFY, DEFEND, PROTECT, AND HOLD HARMLESS THE ONPOINT PARTIES FROM AND AGAINST ANY AND ALL DEMANDS, DAMAGES, AND LOSSES, INCLUDING, BUT NOT LIMITED TO, LITIGATION EXPENSES, ATTORNEYS FEES, OR OTHER COSTS, RESULTING FROM ANY ACTIONS, JUDGMENTS, SUITS, CHARGES OR CLAIMS ASSERTED AGAINST, SUFFERED OF, OR INCURRED BY THE ONPOINT PARTIES, WHETHER THEY ARE BASED ON ANY ONPOINT PARTYS NEGLIGENCE OR OTHERWISE, WHICH ARISE IN ANY MANNER AS A RESULT OF USER’S OR ANY ACCOMPANYING MINORS’ USE OF ONPOINT’S FACILITIES, EQUIPMENT, OR SYSTEMS.
I agree that in no event will any OnPoint Parties have liability for any indirect, incidental, special, consequential or punitive damages I or my Accompanying Minors may incur as a result of using the facilities at OnPoint or of OnPoint systems or equipment. i further agree that the maximum aggregate liability of the onpoint parties for all causes of action not released hereunder is $500.
This Agreement, including the release, waiver, and indemnification provisions contained herein, shall be construed broadly to provide a release, indemnification, and waiver to the maximum extent permitted under applicable law.
The indemnity, release and covenants contained herein shall not terminate upon completion of User’s use of the facilities or equipment of OnPoint and shall survive for all future uses of the Premises or equipment by User and all applicable periods of limitation of actions, plus the duration of all claims, litigation, and appeals arising any way from User’s use of the Premises, equipment, or systems of OnPoint.
PHOTOGRAPHY AND SURVEILLANCE RELEASE AND ACKNOWLEDGEMENT
I acknowledge that all OnPoint facilities may be under continuous surveillance and that OnPoint may post live updates from time to time to social media outlets that may contain my likeness. Additionally, live webcams may broadcast my presence or likeness to the general public. I hereby expressly consent to such surveillance and publicity, and authorize and license OnPoint to use my likeness without compensation in any advertisements, promotions or other publicity campaigns. I acknowledge that such photography or recordings may include personally identifiable information, particularly if my name or user profile is posted on a video screen at the time of recording. I grant to OnPoint and its licensees, successors and assigns (collectively called the “Licensed Parties”) worldwide, absolute, and irrevocable permission to use, reproduce, print, and/or publish my name, likeness, image, voice, and/or appearance (“the Material”) in any media, including but not limited to photographs, video recordings, audiotapes, digital images in which I may be included intact or in part, composite or distorted in character, sound or form, without restriction as to changes or transformations in conjunction with my own or a fictitious name, or reproduction hereof. I agree that the Material may be used for any purpose consistent with OnPoint’s mission or business purposes, including in advertisements, news releases, publications, marketing campaigns, media coverage, videos, Web sites, billboards, and any other promotional or educational materials compiled by or on behalf of OnPoint. I understand and agree that OnPoint has and will have complete ownership of the Material, and that I will not receive any compensation for the use of the Material. I hereby release the Licensed Parties and any other OnPoint Parties from any and all claims arising out of their use of the Material as agreed to in this Agreement, including without limitation any claims based on the right of publicity or privacy, misappropriation or misuse of image, and/or defamation, including liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise. I further hereby waive any future right to prior review of any use of the Material.
EXCLUSIVE VENUE AND JURISDICTION
I agree that exclusive venue for bringing any claims arising under this Agreement or my use of the OnPoint range or equipment shall be the state courts sitting in Wake County, North Carolina, and that North Carolina law shall apply to the resolution of any such disputes or claims.
BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE, UNDERSTAND AND AGREE THAT:
(A) I HAVE GIVEN UP SUBSTANTIAL RIGHTS IN THE EVENT OF INJURY, DEATH OR DAMAGE ARISING FROM MY USE OF THE PREMISES;
(B) THAT IF I AM HURT OR MY PROPERTY IS DAMAGED WHILE USING ONPOINT’S PREMISES, EQUIPMENT, OR SYSTEMS, I AGREE THAT IT IS MY INTENTION TO HAVE WAIVED MY RIGHT TO MAINTAIN A LAWSUIT AGAINST ALL OF THE ONPOINT PARTIES AND RELEASE ONPOINT AND THE ONPOINT PARTIES FROM ALL LIABILITY;
(C) I HAVE SIGNED THIS AGREEMENT WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND I INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW; AND
(D) IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE REMAINDER OF THE AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT.
I have had sufficient opportunity to read this entire Agreement, understand it fully, and agree to be bound by its terms. I understand that the OnPoint Parties will rely on my promise to be bound by this Agreement, and that I am irrevocably waiving valuable rights in consideration for the potential opportunity of entering an OnPoint facility or using OnPoint equipment or systems.
User Warnings, Risks, Liability Release and Covenant Not to Sue (Includes OnPoint Solutions)
PRIOR to any STRESSVEST® Training and PRIOR to any STRESSVEST® exposure, all persons MUST: (1) read the most current STRESSVEST® warnings; and (2) read and sign this form
IMPORTANT STRESSVEST® PRODUCT SAFETY AND HEALTH INFORMATION
Read, understand, and follow current STRESSVEST® training, safety instructions, and warnings before experiencing a STRESSVEST® exposure and before participating in STRESSVEST® training. Any use of force or physical exertion involves risks that may cause injury or death.
SAFETY INFORMATION: STRESSVEST® EXPOSURES
STRESSVEST® utilizes a localized electrical discharge device that is designed to be placed on the abdomen, just below the navel.
No Minors. Because of parental/guardian consent issues, no minor will be exposed to a STRESSVEST® electrical discharge as part of a training course, demonstration, or otherwise.
Pregnant, Possibly Pregnant or Nursing females will NOT be allowed to participate in STRESSVEST® training.
SAFETY INFORMATION: STRESSVEST® ELECTRICAL DISCHARGE DEVISES, KNOWN AND POTENTIAL SIDE EFFECTS
Physiologic or Metabolic Effects. The electrical discharge can produce physiologic or metabolic effects which include, but are not limited to, changes in: acidosis, adrenergic states, blood chemistry, blood pressure, calcium, creatine kinase (“CK”), electrolytes (including potassium), lactic acid, myoglobin, histamine, pH, respiration, heart rate, rhythm, capture, stress hormones or other biochemical neuromodulators (e.g. catecholamines).
Therefore, reasonable efforts should be made to minimize the number of electrical discharge exposures and resulting physiologic and metabolic effects. In human studies of electrical discharge from a single electrical discharge of up to 15 seconds, the effects on acidosis, CK, electrolytes, stress hormones, and vital signs have been comparable to or less than changes expected from physical exertion similar to struggling, resistance, fighting, fleeing, or from the application of some other force tools or techniques. Adverse physiologic or metabolic effects may increase risk of death or serious injury. The STRESSVEST® electrical discharge allows for a maximum 0.15 second exposure each activation, followed by a 100 millisecond rest period before any subsequent exposure.
Muscle Contraction or Strain-Related Injury. Electric discharges can cause strong or moderate muscle contractions that may result in physical muscle, tendon, ligament, nerve, bone, joint injury or damage, exertion, athletic, or sport-type injury, including, but not limited to, injuries such as: hernia rupture, dislocation, tear, or other injury to soft tissue, organ, associated with or to orthopedic or other hardware. Fracture to bone, including compression fracture to vertebrae, may occur. These injuries may be more serious and more likely to occur in people with pre- existing injuries, orthopedic hardware, conditions or special susceptibilities, which include but are not limited to, known or unknown: pregnancy, osteopenia, osteoporosis, spinal injury, or previous muscle, disc, ligament, joint, bone, or tendon damage or surgery. Such injuries may also occur when a person reacts to the electrical discharge by making a rapid movement.
Seizure. Repetitive stimuli (e.g. flashing light or electrical stimuli) can induce seizure in some people. This risk may be increased in a person with a seizure history or if electrical stimuli pass through the head area. This may also result in a person falling with a possible secondary injury.
Stress and Pain. The STRESSVEST® electric discharge can cause temporary discomfort and pain which may result in stress, panic, anger, rage, or startle which may be injurious to some people and may cause adverse changes in blood chemistry. Additionally, anticipation of electric discharge exposure can cause stress, trepidation, panic, startle, or fear, which may also be injurious to some people.
Neurocardiogenic Response (Fainting). A person may experience an exaggerated response to an electric discharge exposure, or threatened exposure, which may result in a person fainting or falling with possible secondary injury.
SAFETY INFORMATION: STRESSVEST® USE
Minimize Repeated, Continuous, or Simultaneous Exposures. Reasonable efforts should be made to minimize the number of electrical discharge exposures. STRESSVEST® instructors should use the lowest number of electric discharge exposures that are objectively reasonable to accomplish the training objective.
LASER. The STRESSVEST® system uses a LASER to activate the STRESSVEST®. Any laser sold directly by SETCAN® Corporation has been rated a Class I eye safe laser by the US FDA and complies with US FDA CDRH 21CFR subchapter J parts 1040.10 and 1040.11. Although the laser is manufactured to be classified as eye safe, avoid intentionally aiming the LASER at the eye of a person as individual susceptibilities are unpredictable and injury may be possible. SETCAN® Corporation accepts no responsibility for any lasers that are not manufactured by SETCAN® Corporation.
Incapacitation, Falling, and Startle Hazard. Electrical discharge use may cause muscular contraction, Neuro Muscular Incapacitation (NMI), startling, and falling, which could result in death or serious injury.
Stressvest should not be worn in a live state when operating motor vehicles, in an elevated environment, or any other environment where activation could lead to injury.
Scarring. Use of an STRESSVEST® electric discharge may cause irritation, puncture, mark, abrasion, rash, burn, keloid, or other scarring that may be permanent. The nature and severity of these effects depends on numerous factors including the area of exposure, number of exposures, individual susceptibility, and other circumstances surrounding STRESSVEST® electric discharge use, exposure, and after care. An exaggerated histamine reaction may cause urticarial (hives/raised skin).
Please fill out the sections below. If you have a condition or pre-existing injury that would be aggravated by muscle contractions, physical exertion, or stress check the appropriate box and notify the Instructor prior to participating in the STRESSVEST® electric discharge exposure or training course. Anyone with a serious medical issue or any other concerns that may place them at risk are prohibited from training with the STRESSVEST® system.
LIABILITY RELEASE, COVENANT NOT TO SUE AND HOLD HARMLESS
In consideration of the use of STRESSVEST® copyrighted training material and further understand that by signing this form I am giving up certain legal rights including the right to recover damages in case of injury; and I agree to abide by the terms and conditions of this form.
- I acknowledge that I have read the above Warnings and Risks and the current STRESSVEST® warnings and with full knowledge of such risks, I voluntarily agree to participate in the training course and I assume all risks, whether known or unknown, foreseen or unforeseen.
- For those who will experience a STRESSVEST® electric discharge exposure: I understand that a STRESSVEST® electric discharge exposure results in strong muscle contractions, physical exertion, and stress and involves the risk of physical or other injury. I acknowledge that I have read the above Warnings and Risks and current STRESSVEST® warnings and with full knowledge of such risks, I voluntarily agree to experience a STRESSVEST® electric discharge exposure and I assume all risks, whether known or unknown, foreseen or unforeseen, inherent in the STRESSVEST® electric discharge exposure.
- Intending that this form be legally binding upon me, my heirs, executors, administrators, and assignees, I hereby waive, release, forever discharge OnPoint Solutions, Inc., the instructor, Setcan Corporation and all of their respective agents, directors and employees of and from any and all claims, demands, rights and causes of action of whatsoever kind and nature, arising from, and by reason of any and all known and unknown physical and mental injuries and consequences thereof, whether foreseen or unforeseen, suffered by me from any and all activities during the training class, including any STRESSVEST® electric discharge exposure.. I specifically waive any statutory rights I may have regarding the release of known or unknown claims.
- I further agree that neither I nor my heirs, estate, personal representative, nor any other person or entity will ever institute any action, litigation or suit at law or in equity against the instructor, OnPoint Solutions, Inc., the STRESSVEST® manufacturer, the STRESSVEST® distributor, Setcan Corporation and all of their respective agents, directors and employees for any damages, costs, loss or injury arising out of any and all activities during the training class, including any STRESSVEST® electric discharge exposure.
- I further agree to indemnify and save harmless the Instructor, OnPoint Solutions, Inc., the STRESSVEST manufacturer, STRESSVEST distributor(s), Setcan Corporation and all of their respective agents, directors and employees from all liability, loss, costs and obligation of any and every kind on account of or arising out of any injuries or losses incurred by me, however occurring, arising out of any and all activities during the training class, including any STRESSVEST® electric discharge exposure.
- In signing this form, I agree that I have read and understand this entire form; I affirm that I am competent to agree to, sign, and be bound by this form; I understand that it is a promise not to sue and a release and indemnity for all claims; I further understand that by signing this form I am giving up certain legal rights including the right to recover damages incase of injury; and I agree to abide by the terms and conditions of this form.
- This release does not release any rights I may have under Workers’ Compensation Laws. I waive any Workers’ Compensation subrogation rights against Setcan Corporation and the StressVest manufacturer. I agree that any recoveries under Workers’ Compensation Laws do not change, extend or enlarge the waivers and protections inherent in this agreement.
I would like to state that I have the following pre-existing physical or mental condition(s) or injuries:
I understand that my condition or injury could be aggravated by muscle contractions, physical exertion, stress, or exposure to the electrical discharge of STRESSVEST® system and it is my responsibility to check with a physician prior to participating in any STRESSVEST® training. I further understand if I choose to participate in training I must bring the injury to the attention of the instructor(s) and it is my responsibility to remove myself from any participation that could aggravate the injury.
By signing below I am acknowledging I have read and understand the User Warnings, Risks, and freely and voluntarily agree to participate in the training course and FREELY and VOLUNTARILY AGREE to being exposed to the electrical discharge of the STRESSVEST® system.
Do not sign if you do not agree or do not wish to participate in Stressvest related training. Please bring this to the attention of your instructor.
This Rental Agreement (this “Agreement”), dated as of the date set forth on the accompanying information form or receipt provided by OnPoint, by and between OnPoint Solutions, Inc., a North Carolina corporation (“OnPoint”), and the person identified on the accompanying information form or receipt provided by OnPoint (“Renter,” and together with OnPoint, the “Parties,” and each, a “Party”).
NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, including the opportunity to license OnPoint Equipment, Renter and OnPoint hereby agree as follows:
- Rental; Rental Period. OnPoint agrees to grant a license to use the firearms and accessories described on the accompanying information form or receipt provided by OnPoint (the “Equipment”), subject to Renter’s compliance with the terms and conditions of this Agreement as well all requirements of the RANGE USE, RELEASE, INDEMNIFICATION, AND LIABILITY WAIVER AGREEMENT between OnPoint and Renter, the effectiveness of which Renter reaffirms and acknowledges is a condition precedent to OnPoint entering into this Agreement or making the Equipment available for license. TheRental Period is specified on the accompanying information form or receipt provided by OnPoint, and in no event shall last longer than the close of business on the rental day. Renter shall not remove the Equipment from the OnPoint premises without prior written approval of OnPoint. The only ammunition that may be used in rental firearms are rounds purchased at OnPoint.
- License Fee. In consideration of Renter's right to possess and use the Equipment during the Rental Period, Renter shall pay the license fee at OnPoint’s posted rates (or another rate specifically agreed in writing and stipulated on the accompanying information form or receipt provided by OnPoint). Renter shall reimburse OnPoint for all costs incurred in collecting any late payments, including, without limitation, attorneys' fees. Payment of any late charge does not excuse Renter of any default under this Agreement. If Renter does not return the Equipment to OnPoint on-time Renter herebv authorizes OnPoint to charge OnPoint daily for additional rental periods until the Equipment is returned, up to 115% of the full replacement value of the Equipment (provided, however, that provided that scarce items may be charged up to 200% of replacement value). If the Equipment is not in the same condition as the condition at checkout, OnPoint hereby authorizes OnPoint to charge a fee to repair or replace the Equipment as OnPoint deems reasonable in its sole discretion.
- Limited Warranty. If the Equipment fails to operate in accordance with the manufacturer's specifications and operation instructions, OnPoint may elect to replace the Equipment with identical or Equipment of a similar or greater value, or in OnPoint’s sole discretion, refund a prorata portion of the License Fee. Such replacement shall be made as soon as practicable after Renter returns the non-conforming Equipment. The limited warranty above does not apply where the Equipment has been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper handling, abnormal physical stress, abnormal environmental conditions, or use contrary to any instructions issued by OnPoint. OTHER THAN AS SET FORTH ABOVE, ONPOINT MAKES NO WARRANTY WHATSOEVER, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY AGAINST INTERFERENCE; OR (d) WARRANTY AGAINST INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, OR OTHER PROPRIETARY RIGHTS OF A THIRD PARTY; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. THE REMEDIES SET FORTH IN THIS Section 3ARE RENTER'S SOLE AND EXCLUSIVE REMEDIES AND ONPOINT'S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH HEREIN. Firearms should not be disassembled by renters. If a jam cannot be cleared quickly by simple actions, signal for help from a range safety officer.
- Title and Risk of Loss. Title to the Equipment remains with OnPoint throughout the Term, and Renter shall acquire no right, title, or interest in the Equipment. Renter shall bear all risk of loss, damage, destruction, theft, and condemnation to or of the Equipment from any cause whatsoever (“Loss”) until the Equipment has been returned to OnPoint. Renter shall notify OnPoint immediately in the case of any Loss or damage.
- Indemnification. Renter shall indemnify, defend, and hold harmless OnPoint and its officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, ”Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, relating to any claim of a third party or OnPoint arising out of or occurring in connection with the Equipment or Renter's negligence, willful misconduct, or breach of this Agreement. Renter shall not enter into any settlement without OnPoint's or Indemnified Party's prior written consent. This remedy is not exclusive.
- Severability; Amendments; No Third-Party Beneficiaries. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. No amendment to or modification of this Agreement is effective unless it is in writing and signed by OnPoint. This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other Person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
- Choice of Law and Choice of Forum. This Agreement and all matters arising out of or relating to this Agreement are governed by, and construed in accordance with, the laws of the State of North Carolina, without regard to the conflict of laws provisions of such State. Any legal suit, action, or proceeding arising out of or relating to this Agreement must be instituted in the federal courts of the United States of America or the courts of the State of North Carolina, in each case located in the City of Raleigh and County of Wake, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
- Limitation of Liability. IN NO EVENT SHALL ONPOINT BE RESPONSIBLE OR LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES[, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF ANY PROVISION OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT ONPOINT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL ONPOINT'S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED $100.
- Headings. Headings in this Agreement are for convenience only and are not to be used in any interpretation of the agreement.
- Binding Agreement. This Agreement is binding against Renter, constitute an enforceable contract regardless of whether it has been contemporaneously executed by OnPoint.
Today's Date: October 6, 2022