PLEASE READ CAREFULLY BEFORE SIGNING, THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS
In consideration of being allowed to participate in activities at, and to use the facilities, firearms and equipment of, the Alexandria Shooting Park LLC and/or the Alexandria Shooting Properties LLC located in Douglas County, Minnesota (together, the "Facilities"), I ("I" or "Participant"), for the benefit of Alexandria Shooting Park LLC and Alexandria Shooting Properties LLC (together "ASP") and the other ASP Parties (as hereinafter defined), hereby acknowledge my voluntary agreement to engage in activities at the Facilities and to use the facilities and equipment of ASP, subject to the following terms and conditions:
1. ASSUMPTION OF RISK. I ACKNOWLEDGE AND AGREE THAT SHOOTING SPORTS, ARCHERY, SELF-DEFENSE TRAINING, OPERATING OR RIDING IN GOLF-CARTS OR OTHER MOTORIZED VEHICLES, OR ANY OTHER ACTIVITIES THAT I MAY ENGAGE IN OR OBSERVE AT THE FACILITIES, WHETHER SPONSORED, HOSTED OR INSTRUCTED BY THE FACILITIES OR NOT (COLLECTIVELY, THE "ACTIVITIES") ARE INHERENTLY HAZARDOUS AND INVOLVE BOTH KNOWN AND UNANTICIPATED RISKS WHICH COULD RESULT IN DAMAGE OR DESTRUCTION OF PROPERTY AND SERIOUS PHYSICAL OR EMOTIONAL INJURY, INCLUDING PARALYSIS OR DEATH, TO MYSELF OR TO OTHER PERSONS. I HEREBY EXPRESSLY ACKNOWLEDGE THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH MY PARTICIPATION IN THE ACTIVITIES, MY USE OF THE FACILITIES (WHETHER AS A PARTICIPANT IN THE ACTIVITIES OR AS AN OBSERVER), MY USE OF FIREARMS, AND MY USE OF THE FACILITIES, VEHICLES, OR EQUIPMENT OF ASP, AND I FREELY ACCEPT AND ASSUME ANY AND ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND LOSS RESULTING THEREFROM.
2. RELEASE AND INDEMNIFICATION. I, on behalf of myself, my next of kin, heirs, guardians, representatives, executors, administrators, successors and assigns (collectively, the "Participant Parties"), FOREVER RELEASE AND DISCHARGE EACH OF THE ASP Parties FROM ANY AND ALL CLAIMS, SUITS, ACTIONS, DEMANDS, DAMAGES, EXPENSES, LOSSES, CAUSES OF ACTION, ATTACHMENT OF PROPERTY, OR LIABILITY OF ANY KIND WHATSOEVER, AT COMMON LAW, STATUTORY OR OTHERWISE (COLLECTIVELY, "CLAIMS"), THAT I OR THE PARTICIPANT PARTIES MAY HAVE FOR PROPERTY DAMAGE, PERSONAL INJURY, DEATH OR ANY OTHER CAUSE OF ACTION ARISING OUT OF, ASSOCIATED WITH, OR RESULTING FROM MY ENGAGING IN OR OBSERVING THE ACTIVITIES AT OR IN THE FACILITIES, MY USE OF FIREARMS AT OR IN THE FACILITIES, WHETHER SUCH FIREARMS BELONG TO MYSELF, THE FACILITIES OR ANY OTHER PARTY, AND MY USE OF THE FACILITIES, VEHICLES, OR EQUIPMENT OF ASP.
3. MEDICAL CERTIFICATION. I certify that I have no medical, physical or emotional conditions that might or could interfere with my safety and the safety of others in connection with my engagement in or observation of any Activities and I am of sound mind, mentally competent, and have the requisite health and fitness to engage therein. I further certify that I have adequate insurance to cover any injury or damage I may cause or suffer in connection with my engagement in or observation of the Activities, or else I agree to the bear the costs of such injury or damage.
4. SAFETY RULES AND EQUIPMENT. I agree (a) to abide by all written, video, online, posted and verbally issued safety rules or instructions issued by the Facilities' instructors, range masters, safety officers or employees; (b) that, in order to safely engage in or observe the Activities, proper safety equipment is required, including, without limitation, appropriate eye and hearing protection and proper clothing and footwear; (c) that I will supply, and at all times properly use, appropriate safety equipment, (d) that I will not engage in or observe any Activities, including but not limited to handling or operating any firearm, while under the influence of drugs or alcohol, and (e) while operating or riding in golf-carts or other motorized vehicles, shall use due caution.
5. ELIGIBILITY TO OWN/USE FIREARMS. I certify that I meet the requirements of all federal and state statutes, rules and regulations which regulate my ability to purchase, own, use or possess firearms, and that I: (a) am not under indictment or information in any court for a felony, or any other crime punishable by imprisonment for a term exceeding one year; (b) have never been convicted in any court of a felony, or any other crime punishable by imprisonment for a term exceeding one year; (c) am not a fugitive from justice; (d) am not an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug or any other controlled substance; (e) have never been adjudicated mentally defective or been committed to any mental institution; (f) have not been discharged from the Armed Forces under dishonorable conditions; (g) am not subject to a court order restraining me from harassing, stalking, or threatening my child or an intimate partner or child of such partner; (h) have never been convicted in any court of a misdemeanor crime of domestic violence; (i) have never renounced my United States citizenship; (j) am not an alien who is illegally in the United States; and (k) am not an alien admitted to the United States under a nonimmigrant visa that fails to meet the qualifications for purchasing, receiving, or possessing a firearm under Federal law. I further certify that if at any time in the future I become subject to any of the foregoing, I will promptly notify ASP before participating in any further Activities at the Facilities.
6. NO WARRANTIES. I acknowledge and agree that the ASP Parties make no warranty to the design, manufacture, maintenance, condition or fitness for any particular purpose of any facilities or equipment, including, without limitation: firearms, ammunition, eye/hearing protection, first-aid supplies, target and tactical simulation systems, golf carts, vehicles, and HVAC and air filtration systems, and that I will not operate any firearms, vehicles, or equipment with which I am not completely familiar without first engaging the assistance and/or training of the appropriate Facilities personnel.
7. ASP Parties. "ASP Parties" means Alexandria Shooting Park LLC, Alexandria Shooting Properties, and each of their respective managers, officers, members, general partners, limited partners, employees, agents, contractors, representatives, parents, subsidiaries and affiliates. I agree that "ASP Parties" shall also include any customer of the ASP Parties who is sponsoring or hosting an event at any of the Facilities at which I am attending or participating.
8. SEVERABILITY. I agree that if any term or other provision of this Release from Liability & Indemnification Agreement (this "Release") is invalid, illegal, or incapable of being enforced by any law or public policy, all other terms or provisions of this Release shall nevertheless remain and continue in full force and effect.
9. ARBITRATION. Any dispute, claim or controversy arising out of or relating to this Release or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the city of Alexandria located in Douglas County, Minnesota before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures.
10. GOVERNING LAW AND VENUE. I agree that this Release shall be governed by, construed and enforced in accordance with the laws of the State of Minnesota, without regard to its conflicts of laws rules. In the event that arbitration is inapplicable to this Release, I hereby irrevocably submit to the exclusive jurisdiction of any federal or state court located within Douglas County, Minnesota over any dispute arising out of or relating to this Release and irrevocably agree that all claims in respect of such dispute or any suit, action proceeding related thereto shall be heard and determined exclusively in such courts. I further hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which I may now or hereafter have to the laying of venue of any such dispute brought in such court or any defense of inconvenient forum for the maintenance of such dispute. I agree that a judgment in any such dispute may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
11. BINDING FUTURE EFFECT; TERMINATION; ELECTRONIC COPIES. I agree that, for my own convenience, this Release shall be effective and apply to all of my present and future (a) use of the Facilities; (b) use of the facilities, firearms and equipment of ASP; and (c) engagement in or observation of any Activities at the Facilities. This Release shall terminate only upon written notice thereof by the Participant to ASP. This Release may be executed by handwritten or electronic signature, and by facsimile or via email, each of which shall be an original of this Release.