CALIFORNIA LAW PROHIBITS ANY PERSON CONVICTED OF A FELONY TO BE PRESENT IN ANY ENVIRONMENT WHERE FIREARMS ARE PRESENT.
In consideration of the right to enter and use the facilities and services of Kiwi’s Custom Guns, Inc. (the “Company”) I do hereby enter in this Release and Waiver of Liability Agreement and consent and agree that:
- Acknowledgement of Danger. I acknowledge that engaging in sport shooting is dangerous. I further acknowledge that no matter what precautions I may take, including but not limited to the wearing of various types of protective gear (including hearing and eye protection), that I could experience injury of a very serious nature and/or die as a result of an accident or incident. I therefore engage in such activities voluntarily and at my own risk.
- Assumption of Risks. I acknowledge and represent that I am familiar with the significant risks and dangerous nature, including but not limited to causing death or serious bodily injury to myself and others, and causing damage(s) to property, which originate from participating and otherwise engaging in sport shooting. I hereby assume any and all responsibilities and liabilities pertaining to such risks, whether to myself or to others and without limitation or qualification. There have not been any express or implied representations to you on behalf of the Company except as set forth in this Agreement.
- Physical and Mental Condition. I acknowledge that at the time of signing this Agreement I am in sufficient physical and mental condition to engage in sport shooting on this range.
- Condition of Equipment. I have, prior to engaging in any sport shooting at the Company, determined that, by professional standards, my shooting equipment, ammunition and all corresponding items are in good condition and suitable for the shooting contemplated by this Agreement.
- Comprehensive Release. I do hereby, on behalf of myself and my heirs executors, administrators, assigns and legal and personal representatives, unconditionally and irrevocably release and discharge the Company, the Company’s successors, assigns, owners, shareholders, directors, officers, employees, agents, representatives, attorneys, independent contractors, subsidiaries, and affiliates and each, every and all persons acting by, though, under or in concert with any of them (collectively, “Released Parties”). I further do hereby on behalf of myself and my heirs, executors, administrators, assigns and legal and personal representatives agree not to sue, or otherwise initiate legal, equitable or similar action or to otherwise file a complaint or other action for controversy resolution or otherwise seek losses, costs or expenses of any nature whatsoever, known or unknown, suspected or unsuspected, fixed or contingent, including without limitation, wrongful death, and any and all personal injuries, known or unknown, and death and/or personal injuries to third parties, and injuries to property, real or personal, known or unknown, against any of the Released Parties, caused by any reason whatsoever related to the undersigned’s presence at and/or participation in the course of training, use of the range, building, land and premises. This Release shall pertain to any claims which were known or unknown, anticipated or unanticipated at the time of the execution of this Agreement, including any information of any nature which, if known by me on the date of execution of this Agreement, may have materially affected my decision to execute this Agreement and specifically this Release.
- CALIFORNIA CIVIL CODE SECTION 1542. I acknowledge and agree that by reason of the Release set forth in paragraph 5 above, I am assuming all risk of bodily injury, death or property damage and all other unknown and unanticipated claims, and I agree that my Release of all Released Parties contained in this Release applies thereto. In connection therewith, I expressly waive whatever benefits I may have under Section 1542 of the California Civil Code, which reads as follows: “A General Release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
- Indemnity. I hereby indemnify, without qualification or limitation, the Released Parties and defend and hold the Released Parties harmless from and against any and all claims, causes of action, demands or charges of every kind and nature, which any third party or person may claim to have or to hold for property damage or personal injuries or any other damages including death, arising from any cause or reason, of every kind and nature pertaining to this Agreement originating from my relationship with any of the Released Parties and any activity directly or indirectly arising from or contemplated by this Agreement.
- Governing Law; Attorney’s Fees. This Agreement shall be governed by, and construed in accordance with the laws of the State of California. Should any party hereto institute any action or proceeding against the other party at law or in equity, or in connection with an arbitration, in connection with this Agreement, the prevailing party from such action shall be entitled to recover from the losing party or parties all attorneys’ fees and costs for service rendered to the prevailing party in such action or proceeding.
- CA Prop 65 Warning. This facility may contain products known to the state of California to cause cancer and birth defects or other reproductive harm. Pregnant women should consult their physician prior to participating in shooting activities. For more information visit www.p65warnings.ca.gov.
- Additional Regulations. I have read and understand, and I agree to follow the regulations as set forth in the following sections “Basic Firearm Safety Rules” and “Range Rules and Regulations”.
BASIC FIREARM SAFETY RULES
- Treat ALL firearms as if they were loaded and ready to shoot.
- Always keep your firearm pointed in a safe direction.
- Never point your firearm at anything you don't intend to destroy.
- Keep your finger off the trigger and outside of the trigger guard until you are on target and ready to shoot.
- Know your target, your line of fire, and what lies in front of and beyond your target.
RANGE RULES AND REGULATIONS
- Eye and ear protection are required at all times while on the range.
- No low cut tops or open toe shoes allowed in the range area.
- DO NOT go beyond the firing line under any circumstances.
- Firearms MUST BE POINTED DOWN RANGE at all times when inside shooting booth.
- DO NOT BRING ANY LOADED OR JAMMED GUNS INTO THE LOBBY.
If you need assistance with your firearm, leave it in the booth facing down range and contact range personnel for assistance.
- Do not shoot the ceiling, the deflector plates, or the target trolley. All shots must go straight into the backstop.
- Absolutely NO armor piercing, tracer, or shotgun ammunition other than single slug rounds are allowed in the range.
- Customer supplied ammunition is allowed, however it will be inspected to ensure it meets the KCG allowed ammunition requirements.
- Any ammunition purchased or obtained from KCG will only be used on the premises.
- Upon hearing the command “CEASE FIRE”, unload your firearm, place it on the bench with the action open, step back from the stall, and await further instructions.
- No loading magazines or firearms outside of stalls.
- No shooting across lanes allowed.
- No kneeling or prone shooting.
- NO RAPID FIRE - Controlled pairs are allowed.
- No "two gunning". You may only shoot one firearm at a time in your stall.
- Do NOT shoot from the hip. Only proper-aimed fire is allowed.
- No holsters on your person or drawing from a holster unless you are certified by KCG instructors.
- All firearms must be UNLOADED and in a case/container when transported in the lobby and/or parking lot. CCW/law enforcement are exempt.
- Children must be at least 10 years old and accompanied by a parent or guardian. Parents/guardians are solely responsible for the minors in their charge and must be present with them at all times in the range or in the lobby.
- If you are a first-time shooter and not accompanied by someone with firearms experience, you will be required to receive instruction by a KCG Certified Instructor. Upon availability and additional fees will apply.
- RANGE PERSONNEL RETAIN THE RIGHT TO DISMISS ANYONE FROM THE PREMISES WITHOUT REFUND WHEN HANDLING FIREARMS IN AN UNSAFE MANNER, NOT FOLLOWING THE RULES AND REGULATIONS STATED ABOVE, OR SUSPECTED TO BE UNDER THE INFLUENCE OF CONTROLLED SUBSTANCES
Where my initials appear above, I acknowledge that I have read, understood, and agreed to the provision beside those initials. In addition, my signature below indicates that I have read this entire Agreement, understand it completely, and agree to be bound by its terms. If this Agreement is being executed by me as a legal guardian on behalf of a person under the age of 18 years, then all provisions of this Agreement shall pertain to the undersigned and the Minor.