Waiver of Liability And Indemnification Agreement
This document is intended to clearly and unequivocally inform visitors of the specific types of risks that they will face when entering and remaining on Ares Training Facility’s (Hereafter “ATF”) property as well as to afford visitors with the opportunity to freely, voluntarily and intelligently give up their right(s) to recover damages for ATF’s negligence and/or negligent acts including the negligence/negligent acts of its agents.
ATF is a private company that offers consumers the opportunity to shoot and handle firearms and other weapons and to receive instruction and training for the same at their Training Facility. Visitors also have the opportunity to use the facilities for competition and recreation. Any person that avails themselves to be on the Ares Training Facility property does so on a purely voluntary basis. Simply put, no consumer is forced to procure ATF’s services or be on the property.
a. All reference to “[The] Company” shall be understood to refer to Ares Training Facility.
b. “Visitor”, “consumer”, “member”, “invitee” and “licensee” shall be understood to refer to the undersigned person(s) who/that are waiving his/her/their or their minor ward’s right(s) to recover damages from company.
c. Exculpatory clause: A clause that requires the signatory to give up their entire right to recover damages from the Company.
d. Indemnification: Compensating The Company for any costs that it may incur arising out of legal action taken by a visitor or his/her agents, ward, heir or assigns.
2. Specific Types of Risk:
a. The company offers services that include (but are not limited to): use of the firing range, firearms training, general weapons training, unarmed and armed self defense instruction and concealed weapons permit classes, competitions and recreational shooting. As a result, visitors will be exposed to the following risks:
i. Death:The Company engages in behavior that can result in death. This risk comes from firearms, bladed weapons, unarmed combat training and explosive/flammable/noxious compounds such as binary explosive targets, gasoline, black powder, gun powder as well as terrain based risks such as drowning, falling out of a tree, having a tree or limb fall on a visitor, bites, stings, scratches, sprays, from both plants and animals including but not limited to snakes, spiders and poison ivy/oak.
ii. Getting shot: Any visitor to the range should expect that at any given time bullets will, most likely, be in the air. Most will be fired in a safe direction however, the risk of being shot exists. This risk can come from an unintentional/negligent discharge by another visitor or from the company or its agent. The Company takes reasonable measures to supervise and control the actions of participants. Therefore, although extremely unlikely, the risk of a visitor intentionally shooting another visitor also exists.
iii. Ricochets: When bullets impact solid objects, they may fragment and/or change direction. This can result in bullets, bullet fragments or fragments of other objects striking visitors. This risk can come from intentional as well as unintentional/negligent discharge by another visitor or from the company or its agent.
iv. Broken Bones, Sprains, Cuts and Bruises:Training on company’s property can result in a number of injuries including broken bones, sprained, strained and torn muscles/ligaments/tendons, incurring cuts and bruises. This risk exists for the previously stated reasons as well as the risks associated with unarmed training and such things as firearm recoil among other things.
v. Exposure to Elements:The Company conducts most of its business outdoors and the risk of exposure to high heat, rain, lightning and cold all exist.
vi. Poisoning:The Company uses lead based ammunition and other substances such as binary explosives and gasoline and diesel fuel in the use and maintenance of its facilities. This means that a visitor risks exposure to some or all of these substances at any given time. These substances can be hazardous to biological organisms.
vii. Legal Liability: The Company provides services that are generally heavily regulated. This means that any visitor that is a recipient of said services may incur legal liability for improper use and/or possession of regulated devices.
3. Acknowledgement and Assumption of Risks:
a. Any visitor who enters into/onto Company property has been made aware of the risks of entry in as specific a manner as is reasonable possible.
b. This list is not exhaustive and does not exclude other dangers such as those that are apparent or should be apparent to a reasonable person.
c. Having been made fully aware of the risks, any visitor does acknowledge that they do knowingly, voluntarily and intelligently assume all risks associated with entry onto The Company’s premises and participation in any activities offered by The Company.
4. Eligible to Possess Weapons:
a. Visitor does hereby swear and affirm that they are eligible under the laws of the United States and the State of Florida to possess and operate firearms. To wit
i. Not under indictment or information in any court for a felony or any other crime for which a judge could impose sentence of greater than one year of incarceration even if the possibility of a shorter sentence is an available option.
1. Any visitor that currently participating in a diversion program (AKA “PTI”) has an affirmative duty to inform The Company in writing of this fact. The failure to do so will grant The Company the right to immediately eject said Visitor from the premises without any refund.
ii. Never been convicted of a felony or any other crime for which a judge could/did impose sentence of greater than one year of incarceration even where the actual sentence was less than the maximum.
iii. Never received any adjudication for any felony or any other crime for which a judge could/did impose sentence of greater than one year of incarceration even where the actual sentence was less than the maximum. “Conviction” includes having adjudication withheld by a judge.
iv. Not a fugitive from justice.
v. Not an unlawful user of, or addicted to marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance.
vi. Not been adjudicated mentally defective (which includes a determination by a court, board, commission or other lawful authority that you are a danger to yourself or to others or are incompetent to manage your own affairs) OR have ever been committed to a mental institution.
vii. Not been discharged from the Armed Forces under dishonorable conditions.
viii. Not subject to a court order restraining him/her from stalking, threatening your child or intimate partner or child of such partner or room-mate or party that has or does reside with visitor.
ix. Not been convicted or had adjudication withheld for the charge of domestic violence (including a misdemeanor for same).
x. Not renounced his/her citizenship.
xi. Not an alien illegally in the United States.
xii. No intention of utilizing The Company’s property, services and/or training to take any action that would run contrary to the interests of the State of Florida or the United States or violate state and/or federal law.
5. Range Rules:
a. All visitors shall obey all commands issued by any member of The Company immediately and completely. The following are general rules of the range though any agent of The Company may add to this list at any time.
i. All weapons shall be pointed down range at all times.
ii. “Cold range” means that no weapons are loaded/ no firing is occurring.
iii. “Hot range” means that firing is permitted from the firing line.
iv. “Down range” means the direction that shooting is or will occur.
v. The “Firing line” is the line that shooters stand while firing their weapons.
vi. No visitor shall proceed forward of the firing line unless the range has been called ‘Cold’ by a designated range officer and permission to move forward has been granted.
vii. While the range is cold, no weapons may be loaded.
viii. No contact may be made with firearms during a cold range.
ix. All visitors shall stand off from their weapons, behind the firing line by at least three (3) yards while the range is cold.
x. Firing chambers shall be exposed and/or actions shall be open during a cold range.
xi. Magazines shall be empty and removed from all firearms during a cold range.
xii. No weapon shall be loaded until the range has been declared ‘Hot’ and the range is clear of all personnel and obstructions.
xiii. No visitor shall fire upon a target that is not directly in front of him/her. (Shooting across the range at another target is prohibited)
xiv. Visitor shall only use targets that have been approved by The Company.
xv. No visitor shall intentionally attempt to direct fire upon any object that has not been designated by The Company as an approved target. (This includes target holders or supporting equipment, etc.).
xvi. Should any living creature appear downrange, Visitor shall immediately cease-fire.
xvii. Physical contact with another visitor or agent of The Company that is not associated with authorized training is strictly prohibited.
xviii. The consumption of alcohol or any intoxicating substance is strictly prohibited while on The Company’s property.
xix. No visitor is permitted to be present on The Company property if they are intoxicated/impaired by drugs or alcohol. Any agent of The Company shall have absolute discretion to determine whether a Visitor is intoxicated/impaired.
xx. NFA items shall be declared and presented to an agent of The Company for inspection prior to their use on Company property.
xxi. All NFA item owners shall present their tax stamp or a legible, color copy of same, to prove lawful possession of the NFA item.
6. Exculpatory Clause/ Waiver of Liability:
a. Visitor acknowledges that he/she/they/their ward do/does knowingly, voluntarily and intelligently, gives up the right to recover damages for themselves or any other party in any action that stems from the negligence of The Company or the negligent acts of its agents in accordance with the risks outlined and referenced above. This provision shall be construed to prevent any visitor’s estate from seeking damages for the negligence of the company via a wrongful death claim should visitor become deceased as a result of any action relating to The Company’s services or the negligence of its agents.
a. All visitors and any successor in interest of a visitor hereby agree to indemnify The Company for any costs that the Company may incur in defending itself against any action arising out of a legal action to recover damages by a visitor that was harmed while on Company property and/or who participated in services rendered by the Company. This clause shall be in force whether the Company acted negligently or otherwise.
i. For example: A visitor attempts to shoot a Company rifle downrange and the rifle has a malfunction that results in a round exploding in the chamber of the rifle. This explosion causes severe injury to the visitor and the visitor sues the Company. The Company shall be entitled to recover damages from the visitor for any costs incurred in defending itself against the visitor’s action even if the Company was negligent in maintaining the rifle that was provided to the visitor.
a. Venue for any legal action commenced against the Company shall be exclusively within the confines of Lake County, FL or, if the action is a one that is exclusively within the purview of the federal court system, the Company reserves the right to choose a court within the Federal Middle District of Florida.
b. If a non-federal action is commenced outside of the appropriate venue, The Company reserves the right to remove said action to a court of jurisdiction within Tavares in Lake County, FL.
c. The Company shall be entitled to recover costs for removing to the jurisdiction of its choosing prior to removal with fees to be paid immediately upon request by the Company.
a. The Company shall exclusively enjoy the rights and benefits afforded under Florida’s “prevailing party” rules. This means that if the Company is successful in its defensive or offensive legal action, it is entitled to recover costs including attorney’s fees and damages as allowed by law.
10. Parole Evidence Rule:
a. No other writing or provisions shall control the relationship between the Company and a visitor. If visitor is a member, this is part of the membership agreement packet.
I Agree I do hereby acknowledge that I have read and/or reviewed this Waiver of Liability and Indemnification Agreement and have had the opportunity to address any concerns that I may have had before signing this document. Having read and understood all of the terms of this instrument I do hereby swear and affirm that I wish to be bound by it in total.
I Agree I accept that my decision not to fully read this document shall not constitute a basis to invalidate or otherwise make any provision herein unenforceable.