CAUTION: READ THIS AGREEMENT CAREFULLY AND INITIAL EACH PARAGRAPH BEFORE SIGNING.
I UNDERSTAND THAT BY SIGNING THIS AGREEMENT I AM GIVING UP THE RIGHT TO SUE THE PARTIES LISTED HEREIN FOR ANY INJURIES (INCLUDING DEATH) I MAY EXPERIENCE RESULTING FROM MY PARTICIPATION IN SHOOTING EVENTS OR INSTRUCTION AT WESTERN PENNSYLVANIA SPORTSMEN'S CLUB, INC (hereinafter "W.P.S.C.") INCLUDING BUT NOT LIMITED TO INJURIES THAT MAY OCCUR WHILE VOLUNTEERING OR TRAINING, OR INJURIES STEMMING FROM THE EQUIPMENT, PROCEDURES, COMPETETION, INSTRUCTION, TRANSPORTATION TO AND FROM, OR SUPERVISION PROVIDED IN CONNECTION WITH ANY EVENT HELD AT W.P.S.C. OR ANY OTHER FIREARM RELATED ACTIVITIES. I FURTHER UNDERSTAND THAT I AM AGREEING TO DEFEND THE PARTIES LISTED HEREIN FROM ANY CLAIMS THAT MAY ARISE OUT OF MY PARTICIPATION INCLUDING BUT NOT LIMITED TO ANY OF THE AFOREMENTIONED EVENTS AT W.P.S.C. I AM FAMILIAR WITH THE OPERATION OF THE FIREARM I WILL BE USING AND THE SAFETY PRECAUTIONS ASSOCIATED WITH ITS USE. I AGREE THAT I SHALL EXERCISE SAFE FIREARM HANDLING PRACTICES AT ALL TIMES AND FOLLOW ALL SAFETY PROCEDURES, RULES, AND INSTRUCTIONS PROVIDED BY W.P.S.C. IN CONSIDERATION OF MY PARTICIPATION IN SHOOTING, SHOOTING INSTRUCTION, OR SPECTATING AT THE W.P.S.C. Read and initial where indicated. I, (the undersigned) agree that: - By executing this release and waiver of liability and indemnity agreement, I voluntarily agree to forever release and discharge the following parties from liability: W.P.S.C., and all of their partners, managers, employees', members, directors, officers, instructors, agents and event sponsors, and any public entity or public employee that assists in presenting, organizing or promoting any W.P.S.C. shooting event ("Released Parties).
- I acknowledge and agree that activities involving firearms and all other associated activities can potentially expose me to psychologically, mentally, and physically stressful situations that no amount of care, caution, or expertise can eliminate. I know and understand that I am the only one responsible for each shot that is fired and where the shot lands or stops. The other risks involved with this activity may include but are not limited to, lack of hydration, injuries caused by the terrain, facility malfunctions, inclement temperature or weather, insects, animals, malfunctioning commercial ammunition, other participants, spectators, coaches, and event monitors or officials.
- I hereby fully discharge the Released Parties from any and all liability, claims, demands, losses, and causes of action arising from any harm, damages, or injuries, whether in tort or contract or under any statute, legislation, or ordinance, both in law and in equity, including claims for personal injury or death to me or damage to my person or property arising from the active or passive sole or conjunctive negligence or other fault of any of the Released Parties including but not limited to any claims or losses resulting from any activities in which I may engage at W.P.S.C. including but not limited to walking from station to station, spectating other shooters, operating a motor vehicle on the premises, or from any other cause that may arise while at W.P.S.C.
- I additionally agree that my heirs, executors, administrators, successors, assigns, personal representatives and anyone else acting on my behalf, shall not initiate any lawsuit, cause of action, or claim for damages against any of the Released Parties, and shall they initiate or assist in the prosecution of any claims for damages against the Released Parties, which I, my heirs, executors, administrators, successors, assigns, personal representatives, and anyone else acting on my behalf may have reason of injury to my person or property, or my death, arising from the activities covered by this agreement, whether caused by the negligence or fault, either active or passive of any of the Released Parties, or from any other causes.
- I unconditionally agree, for myself and my heirs, executors, administrators, guardians, legal representatives, or assigns to indemnify and hold harmless the Released Parties from any and all losses, claims, actions, or proceedings of any kind including but not limited to attorneys' fees and associated cost incurred by any and/or all of the Released Parties for the defense of any such actions which may hereafter arise directly or indirectly from my activities while engaging in activities contemplated by this agreement and the W.P.S.C. generally. Additionally, I hereby instruct my heirs, executors, administrators, guardians, legal representatives, assigns, or anyone claiming on my behalf, should any such lawsuit or cause of action be initiated against any of the Released Parties, I agree that such Released Parties shall be entitled to recover attorneys' fees and costs incurred in the defense of said cause of action.
- I agree, understand and acknowledge that the terms and conditions of the above provisions (1-5) shall continue in full force and effect even after the conclusion of activity at the W.P.S.C.
- It is agreed between the parties that if any portion of this agreement is found by a Court to be unenforceable or against public policy, such determination shall not affect the validity or enforceability of the other provisions hereof, all of which shall remain in full force and effect. I specifically release any claim of unenforceability on behalf of myself, my estate, and anyone who may sue on my behalf.
I HEARBY EXPRESSLY RECOGNIZE THAT THIS AGREEMENT IS A CONTRACT IN WHICH I HAVE RELEASED ANY AND ALL CLAIMS AGAINST THE RELEASED PARTIES THAT MAY RESULT FROM MY PARTICIPATION OR ACTIVITY AT WESTERN PENNSYLVANIA SPORTSMEN'S CLUB AS A SHOOTER, STUDENT, SPECTATOR, VOLUNTEER, OR ANY OTHER PATRON, INCLUDING ANY CLAIMS CAUSED BY THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES, OTHER SHOOTERS, STUDENTS, SPECATORS, OR VOLUNTEERS. I HAVE READ THIS AGREEMENT CAREFULLY AND FULLY UNDERSTAND ITS CONTENTS AND HAVE SIGNED IT OF MY OWN VOLITION. I CERTIFY THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER AND THAT I AM NOT UNDER THE INFLUENCE OF ALCOHOL, DRUGS, AND/OR ANY OTHER MINDALTERING SUBSTANCE. ANY MINOR SEVENTEEN (17) YEARS OR YOUNGER MUST HAVE A PARENT OR GAURDIAN SIGNATURE.
Today's Date: December 26, 2024 |