RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT This Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement (this “Release”) is made and entered into and is effective as of August 28, 2026, (the “Effective Date”) by and between the undersigned individual signing as an authorized parent or legal guardian (“I”, “me”, or the “Guardian”) of and on behalf of the minor identified below (the “Minor”), and ATR LLC, doing business as 2 If By Sea Tactical, a Minnesota limited liability company, located at 203 5th Ave NW, New Prague, MN 56071 (the “Company”). In consideration of the Minor being permitted to participate in any way in an activity of the Company which may include gun safety, defensive training and classes, competitive shooting, rental of firearms, or use of the firearms shooting range (the “Activity”), I, being eighteen years or older, as the Guardian of the Minor, for the Minor and the Minor’s personal representatives, assigns, heirs, and next of kin, hereby agree to all the terms and conditions set out in this Release. The Minor, as a child under 18, may only participate in age-appropriate activities with a Guardian’s permission and approval, which I am deemed to give when I enroll the Minor in the Activity and sign the Parent / Guardian Waiver form as this Release. Further, I am deemed to accept the terms and conditions of this Release on behalf of the Minor and as the Minor’s Guardian each time I complete an Activity sign-up with the Company. 1. I acknowledge, agree, and represent that I UNDERSTAND THE NATURE OF THE ACTIVITY AND THE MINOR’S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY, is capable of understanding basic instructions concerning the Activity, and will follow all instructions provided. I further acknowledge the Minor’s participation in the Activity will be conducted in facilities open to the public where hazards are to be expected. If, at any time, I believe conditions to be unsafe, I will immediately direct the Minor to discontinue further participation in the Activity. I acknowledge and agree that the Minor is not under the influence of alcohol, cannabis, cannabinoid products, nor is the Minor under the influence of any drugs including but not limited to prescription, illegal, or over the counter medication which could impair the Minor’s ability to participate in the Activity. If the Minor is taking medication, I affirm the Minor has seen a physician and has approval to participate in the Activity while under the influence of medication. 2. I am responsible for explaining to the Minor the terms and conditions that apply to the Minor’s participation in the Activity. I will be contacted and asked to remove the Minor from the Activity and/or Company property without refund for fees paid for the Minor’s participation in the Activity if the Minor persists in violating the terms and conditions of this Release after receiving a warning from a Company employee or if the Minor is otherwise deemed ineligible to participate in the Activity. I AM AWARE AND UNDERSTAND THAT THE MINOR’S PARTICIPATION IN THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES RISK TO THE MINOR OF BODILY OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS (the “Risks”). I ACKNOWLEDGE THESE RISKS TO THE MINOR MAY BE CAUSED BY THE MINOR’S ACTIONS OR INACTIONS, OR THE ACTIONS OR INACTIONS OF OTHERS PARTICIPATING IN THE ACTIVITY. I FURTHER ACKNOWLEDGE RISKS TO THE MINOR MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. The Company may deny the Minor’s future participation in the Activity either for a specific or indefinite period in the Company’s sole discretion due to the Minor’s violation of the terms and conditions of this Release. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THE MINOR IS VOLUNTARILY PARTICIPATING IN THE ACTIVITY AND HAVE PROVIDED THE MINOR WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED. I HEREBY AGREE ON THE MINOR’S ACCOUNT TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM THE MINOR’S PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE MINOR’S NEGLIGENCE, WILLFUL MISCONDUCT, BREACH OF THE TERMS AND CONDITIONS OF THIS RELEASE, THE NEGLIGENCE OF THE COMPANY, OR OTHERWISE. 3. I understand and acknowledge the Risks listed above are not complete or exhaustive and other risks, whether or not known, identified, or anticipated may also result in illness, injury, damage, or death to the Minor, or to the Minor’s property, and ON THE MINOR’S ACCOUNT, I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES the Minor may incur as a result of the Minor’s participation in the Activity. 4. I acknowledge the Company does not warrant or in any way guarantee the condition or functionality of any firearm, ammunition, equipment, or facilities used in the Activity. ON THE MINOR’S ACCOUNT, I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES resulting from the failure, misuse, or non-functionality of any equipment or facilities whether or not that equipment is owned or used by the Minor in the Minor’s participation in the Activity. 5. On the Minor’s account, I hereby consent to the Minor receiving medical treatment deemed necessary if the Minor is injured or requires medical attention during the Minor’s participation in the Activity. ON THE MINOR’S ACCOUNT, I UNDERSTAND AND AGREE THAT I AM SOLELY RESPONSIBLE FOR ALL COSTS RELATED TO SUCH MEDICAL TREATMENT AND ANY RELATED MEDICAL TRANSPORTATION AND/OR EVACUATION. On the Minor’s account, I hereby release, forever discharge, and hold harmless the Company from any claim based on such treatment or other medical services. 6. ON THE MINOR’S ACCOUNT, I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, now known or hereafter known, against the Company, and its managers, employees, agents, representatives, affiliates, members, successors, and assigns (collectively, “Releasees”), on account of injury, disability, death, or property damage arising out of or attributable to the Minor’s participation in the Activity, whether arising out of the negligence of the Company, its agents or employees, or any Releasees or otherwise. On the Minor’s account, I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability from such claims. This Release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that Minnesota law does not permit to be released by agreement. 7. I SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS, on the Minor’s account, 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, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, awarded against the Company or any other Releasees in a final judgment, arising out of or resulting from any claim of a third party related to the Minor’s participation in the Activity, including any claim related to the minor’s negligence or the negligence of the Company. I further agree that if, despite this Release, I, the Minor, or anyone on the Minor’s behalf makes a claim against any of the Releasees, I will indemnify, save, and hold harmless each of the Releasees from any litigation expense, attorney fees, loss liability, damage, or cost any may incur as a result of any such claim. 8. This Release constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me on behalf of the Minor and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the state courts located in Scott County, Minnesota, and I hereby consent to the exclusive jurisdiction of such courts. I acknowledge I may not participate in the Activity unless also signing a Release on my own behalf for my own participation and paying the appropriate fees. BY SIGNING BELOW, I ACKNOWLEDGE ON BEHALF OF THE MINOR THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I, ON BEHALF OF THE MINOR, AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.
Today's Date: August 28, 2026 |