Prevail Training Center LLC, an Arizona limited liability company (the “Company”), located at 3771 Forest Service Road, Flagstaff, AZ 86004, owns and/or operates a firearm shooting range and related facilities, including but not limited to shooting bays, firing lines, target areas, training areas, parking areas, and spectator/viewing areas (collectively, the “Premises”). The Company permits individuals to enter the Premises for the purpose of discharging firearms, participating in firearm instruction or training, renting or using firearms and related equipment, observing shooting activities, and engaging in other related activities (collectively, the “Activities”). Any individual entering the Premises for any reason, including shooters and spectators, shall be referred to herein as “Participant(s).” In exchange for being granted access to the Premises and being permitted to participate in or observe the Activities, I, the undersigned Participant, agree to and accept the terms of this Release of Liability and Waiver of Rights (this “Waiver”) on behalf of myself, my spouse (if any), any minor Participant(s) under the age of eighteen (18) for whom I am the parent or legal guardian, and my/our respective heirs, personal representatives, successors, and assigns. This Waiver shall remain in effect for all claims arising out of or relating to my presence on the Premises or participation in the Activities, including future visits, unless revoked in writing by the signing adult; provided, however, that any such revocation shall apply only prospectively and shall not affect any claims arising from events occurring prior to the Company’s receipt of written revocation. The Company reserves the right, in its sole discretion, to deny or revoke access to the Premises or participation in the Activities at any time. THE ACTIVITIES ARE INHERENTLY DANGEROUS AND INVOLVE THE RISK OF SERIOUS INJURY, DEATH, AND/OR PROPERTY DAMAGE. Risks For Shooters. I understand that the Activities involve inherent and artificial risks and hazards associated with the possession, handling, discharge, and use of firearms and ammunition. These risks include, but are not limited to: accidental or negligent discharge of a firearm; misfires; hang fires; squib loads; ammunition defects; ammunition malfunctions or failures; ricochets; bullet fragmentation; stray or deflected projectiles; crossfire; failure of safety equipment; improper handling of firearms by myself or others; inexperienced or unskilled Participants; failure to follow range commands or safety rules, including but not limited to the Range Operations and Safety Rules (the “Range Rules”); defective, damaged, or improperly maintained firearms or ammunition (whether personally owned or rented); close proximity to other individuals discharging firearms; loud impulse noise from gunfire; exposure to airborne contaminants including lead and other particulates; fatigue; physical exertion; dehydration; lack of and/or delay in medical assistance or emergency response; and loss, theft, or damage to personal property. Risks for Spectators. I acknowledge that merely being present on the Premises, even as a spectator, involves risks. Such risks include, without limitation, exposure to accidental or negligent discharge; stray bullets, ricochets, or bullet fragments; flying shell casings; muzzle blast overpressure; loud noises that may cause temporary or permanent hearing damage; exposure to airborne lead or other contaminants; and the negligent, reckless, or intentional acts or omissions of other Participants. I understand that firearms are inherently dangerous instrumentalities and that serious accidents can occur even when safety rules are followed. There may be additional risks that are unknown, unanticipated, or not reasonably foreseeable at this time. These risks may arise from my own actions or omissions, the acts or omissions of the Company or its owners, members, managers, employees, range safety officers, instructors, agents, or volunteers, or from other Participants, or from the condition of the Premises, firearms, ammunition, or equipment. Exposure to these risks may result in property damage and/or bodily injury, including but not limited to minor injuries; burns; bruising; lacerations; hearing loss; eye injuries; lead exposure; bone fractures; nerve damage; traumatic brain injury; spinal injury; paralysis; permanent disability; emotional distress; or death. BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE THAT I HAVE READ THIS DOCUMENT, UNDERSTAND THAT THE ACTIVITIES INVOLVE SIGNIFICANT RISKS, AND VOLUNTARILY ACCEPT AND ASSUME ALL SUCH RISKS. Agreement Not to Sue and Release of Liability. To the fullest extent permitted by Arizona law, I hereby agree that I will not initiate, join, support, or approve any claim, lawsuit, arbitration, court action, or other legal proceeding or demand against the Company and its respective owners, members, managers, employees, range safety officers, instructors, volunteers, independent contractors, representatives, agents, affiliates, sponsors, and the owner(s) or lessor(s) of the Premises (collectively, the “Released Parties”) for any injury, death, loss, or damage to person or property arising out of or related in any way to my presence on the Premises or participation in the Activities, INCLUDING ANY CLAIMS ARISING FROM ORDINARY NEGLIGENCE, ACTION, INACTION, OR OTHER FAULT OF ANY RELEASED PARTY. Agreement to Indemnify. I agree to defend, indemnify, and hold harmless the Released Parties from and against all claims, demands, causes of action, liabilities, damages, judgments, fines, penalties, losses, costs, and expenses (including reasonable attorney’s fees and litigation expenses) arising out of or relating to my presence on the Premises or participation in the Activities. This indemnification obligation includes, without limitation, claims arising from: (i) my handling, possession, discharge, or use of any firearm or ammunition; (ii) my violation of any range rules, including without limitation the Range Rules, protocol, or instruction; (iii) my negligent, reckless, or intentional conduct; (iv) injury or damage to myself, other Participants or third parties; and/or (v) damage to firearms, equipment, facilities, or other property, regardless of ownership. I further agree that if any person or entity asserts a claim against any of the Released Parties arising out of or related to my conduct or participation in the Activities, I will reimburse and indemnify the applicable Released Party for all resulting losses, damages, and expenses, including reasonable attorney’s fees, whether or not such claim is ultimately proven. This indemnification obligation shall survive my departure from the Premises and the termination of my participation in the Activities. No Liability for Design, Construction, or Maintenance. The Premises are provided in an “AS IS” condition, WITH ALL FAULTS. I acknowledge and understand that the design, construction, layout, supervision, and maintenance of the Premises and range equipment involve inherent risks associated with the discharge of firearms. I understand and agree that the Company makes no representations, warranties, or guarantees, express or implied, regarding the safety, condition, design, supervision, inspection, maintenance, or suitability of the Premises, firearms, ammunition, targets, safety equipment, or any other equipment for any particular purpose, AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. I further acknowledge that I am voluntarily choosing to enter the Premises and participate in the Activities despite these risks. No Liability for Other Participants. The Company makes no representations or warranties regarding the experience, training, judgment, or competency of any other Participant present on the Premises. I understand and acknowledge that shooting activities take place in a shared environment where multiple individuals may be handling, loading, unloading, and discharging firearms in close proximity to one another. I further acknowledge that the actions of other Participants are unpredictable and beyond the control of the Company. Other Participants may act negligently, carelessly, recklessly, or intentionally; may fail to follow the Range Rules and safety commands; may mishandle firearms or ammunition; or may discharge firearms in an unsafe manner. Such conduct may result in accidental discharge, crossfire, ricochets, stray projectiles, property damage, serious bodily injury, or death. I expressly assume all risks arising from the acts or omissions of other Participants, whether such acts or omissions are negligent or otherwise. Safety Measures and Minor Supervision Requirements. I assume full responsibility for my own safety and for the safety, supervision, and conduct of any minor accompanying me or participating under my authority. I agree to take all necessary precautions to ensure compliance with the Range Rules, safety procedures, and instructions issued by the Company or its range safety officers. Shooters: I agree to remain within designated shooting areas and to strictly follow the Range Rules and all verbal commands issued by the range safety officers or staff. I will handle, load, unload, and discharge firearms in a safe and responsible manner at all times. I agree not to engage in reckless behavior, horseplay, rapid or uncontrolled firing, or any conduct that creates an unreasonable risk of harm to myself or others. I agree not to handle or discharge any firearm while under the influence of drugs, alcohol, medication, or any other substance that may impair my judgment or coordination, or any other substance that could affect my ability to safely participate. I understand that the use of appropriate eye and hearing protection is mandatory while on the range and that additional safety equipment may be required. I acknowledge that safety equipment reduces certain risks but does not eliminate the risk of serious injury or death. I acknowledge that I have received, reviewed, and/or had explained to me the Range Rules and confirm my understanding thereof. Spectators: I agree to remain only in designated observation or safe areas and to comply with all safety instructions. I understand that access to certain areas of the Premises, including firing lines, shooting bays, ready areas, and equipment storage areas, is strictly limited to authorized individuals actively participating in shooting activities and Company personnel. Parent / Legal Guardian Requirement for Minors. A minor (any individual under eighteen (18) years of age) may participate in shooting Activities only if his or her parent or legal guardian is physically present on the Premises at all times during the minor’s participation. The parent or legal guardian must directly supervise the minor and is solely responsible for the minor’s conduct, compliance with the Range Rules and other safety instructions, and proper handling of any firearm equipment. By signing below, the undersigned parent or legal guardian expressly acknowledges and agrees that he or she will remain physically present on the Premises during the minor’s participation and accepts full legal responsibility for the minor’s actions and any resulting injury, damage, or loss. Compliance with Laws and Range Rules; Firearm Eligibility Representation. I agree to comply with all applicable federal, state, and local laws relating to the possession, handling, and use of firearms and ammunition while on the Premises. I further agree to strictly follow all Range Rules, safety guidelines, posted signage, and all verbal or written instructions issued by the Company, its employees, or range safety officers. I expressly represent and warrant that I am not prohibited under federal or Arizona law from possessing, owning, purchasing, receiving, or using a firearm or ammunition. I affirm that I am not subject to any restraining order, protective order, felony conviction, domestic violence conviction, mental health adjudication, or any other legal disability that would prohibit me from lawfully possessing or using a firearm or ammunition. I agree to immediately notify the Company if I become subject to any such prohibition. I understand that the use, possession, or presence of drugs or alcohol on the Premises is strictly prohibited, and I agree that I will not handle or discharge any firearm while under the influence of alcohol, controlled or uncontrolled substances, or any medication that may impair my judgment or coordination. I acknowledge that any violation of applicable laws, Range Rules, or safety instructions may result in my immediate removal from the Premises without refund and may result in suspension or permanent revocation of my access privileges. The Company reserves the right, in its sole discretion, to deny access to or remove any individual who is acting in an unsafe, unlawful, or irresponsible manner. Medical Authorization and Consent. I understand that participation in the Activities involves the risk of serious injury, including injuries that may require immediate medical attention. In the event of an accident, injury, or medical emergency while I am on the Premises, I authorize the Company and its employees, agents, or representatives to contact emergency medical services and to seek or arrange emergency medical care on my behalf if deemed reasonably necessary. I consent to receive such emergency medical treatment, transportation, or care as may be considered advisable under the circumstances by medical personnel. I understand that the Company does not assume any duty to provide medical care and makes no guarantee that emergency medical services will be available or timely. I acknowledge and agree that I am solely responsible for all costs associated with any medical care, treatment, transportation, or related services provided to me, and I release the Company from any liability arising out of the provision of, or failure to provide, emergency medical assistance. Binding Agreement; Governing Law; Venue; Severability. I understand and agree that this Agreement is a legally binding contract and is binding upon me and, to the fullest extent permitted by law, upon my spouse, family members, heirs, personal representatives, successors, and assigns. If I am signing on behalf of a minor, I agree that this Agreement is binding upon the minor and upon me in my individual capacity as parent or legal guardian. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict-of-law principles. Any dispute, claim, or legal proceeding arising out of or relating to this Agreement, my presence on the Premises, or participation in the Activities shall be brought exclusively in the state or federal courts located in Coconino County, Arizona, and I expressly consent to the personal jurisdiction and venue of such courts. I agree that the terms of this Agreement are intended to survive my departure from the Premises and do not expire with respect to claims arising from events occurring during my participation in the Activities. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law. BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS AGREEMENT IN ITS ENTIRETY, FULLY UNDERSTAND ITS TERMS, AND VOLUNTARILY AGREE TO BE LEGALLY BOUND BY IT. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT, I AM WAIVING, RELEASING, AND GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY FOR CLAIMS ARISING FROM THE COMPANY’S OWN ORDINARY NEGLIGENCE. I ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY, WITHOUT ANY INDUCEMENT OR ASSURANCE NOT CONTAINED HEREIN, AND THAT I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY ARIZONA LAW. PARENT / LEGAL GUARDIAN CONSENT AND RELEASE (REQUIRED FOR MINORS UNDER 18) If the Participant is under eighteen (18) years of age, the minor may not participate unless his or her parent or legal guardian signs below and remains physically present on the Premises during the minor’s participation. I certify that I am the parent or legal guardian of the minor Participant identified above. I consent to the minor’s presence on the Premises and participation in the Activities. I have read and understand this entire Agreement and agree to its terms on behalf of the minor and on my own behalf. On behalf of the minor and in accordance with all terms and conditions of this Agreement, I knowingly and voluntarily release, waive, and discharge the Company and the Released Parties from any and all claims arising out of or related to the minor’s participation in the Activities or presence on the Premises, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY, to the fullest extent permitted under Arizona law. I further agree to supervise the minor at all times, to remain physically present on the Premises during the minor’s participation, and to accept full legal responsibility for the minor’s conduct, compliance with all safety rules, and handling of any firearm or equipment. In accordance with all terms and conditions of this Agreement, I agree to defend, indemnify, and hold harmless the Released Parties from and against any claims brought by or on behalf of the minor or arising out of the minor’s actions or participation in the Activities. Date: May 13, 2026 |
