It is understood that by signing this agreement the Participant understands that there are inherent risks associated with the programs of instruction and use of the facilities of The Range, including but not limited to those risks related to the use of force, handling or discharging of firearms (intentional and unintentional), the handling or firing of live ammunition, and the use of paint marking cartridges. These risks vary considerably depending on the specific activity and the experience level of the persons involved in and/or engaging in such activities. These risks may include but are not limited to the possibility of property damage, injury, damage to hearing or eyesight, paralysis, permanent disability, disfigurement and even death. The Participant hereby expressly assumes the risk of entering The Range at Austin, including the entire range, building structure, surrounding area and adjacent facilities (hereinafter the “Premises”) and of taking part in any one or more of activities on the Premises which include, but are not limited to, programs of instruction, use of firearms, the discharge of firearms and the firing of live ammunition (intentional and unintentional), and the use of paint marking cartridges. The various risks discussed herein are not intended to provide an exhaustive list of potential risks associate with entrance to, use of, and/or participation on or about the Premises.
With full knowledge of the risks associated with the programs of instruction and the Participant’s use of, entrance to, and/or participation in, on or about the Premises, including but not limited to those described herein, and in consideration of being permitted to attend a course of instruction, for use of the Premises, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Participant agrees to the following:
The Participant hereby waives, releases, and discharges for himself/herself and his/her executors, administrators, representatives, assignees or heirs, any and all rights and claims, demands, or lawsuits for any and all losses, fault, liabilities, costs, expenses, and any other actions whatsoever, which he/she may have or which may arise against Patriot Entertainment, LLC d/b/a The Range at Austin, its affiliates, and all of their respective partners, members, managers, directors, officers, agents, employees, and independent contractors (hereinafter the “Releasees”) related to or connection with: the discharge of firearms; the programs of instruction; the Participant’s participation in any course of instruction; the Participant’s use of, entrance to, and/or participation in, on or about the Premises, including any latent defect in the Premises; loss of or damage to the Participant’s property (whether or not entrusted with The Range); and any and all acts or omission of the Releasees or Participant. And should any such claim, demand or lawsuit arise or be asserted in any way whatsoever related thereto, whether arising under the laws of the United States or of any State, or under any theory of law or equity, the Participant hereby agrees to and will indemnify, hold harmless, and defend Releasees, whether individually, jointly, or in solido with the Participant, together with all costs or expenses incurred in connection with any such claim, demand or lawsuit, including attorney’s fees.
The Participant further agrees that under no circumstances will he/she or any of his/her executors, administrators, representatives, assignees or heirs, present or future, sue Releasees for or bring any claim whatsoever, including but not limited to claims for personal injury, property damage, or wrongful death against Releasees, based upon any matter released above, including any matter based upon Releasees’ ordinary and/or gross negligent acts or omissions.
The Participant furthermore acknowledges and agrees that he/she has read, understands and will at all times abide by all rules and procedures, including but not limited to The Range Code of Conduct.
This RELEASE, WAIVER, AGREEMENT NOT TO SUE, INDEMNIFICATION, HOLD HARMLESS, AND ASSUMPTION OF THE RISK AGREEMENT provided herein shall be construed and enforced in accordance with the laws of the State of Texas, and any action at law, suit in equity, or other jurisdictional proceeding arising in connection with my presence or any of my activities on or about the Premises or this RELEASE, WAIVER, INDEMNIFICATION, HOLD HARMLESS, AND ASSUMPTION OF THE RISK AGREEMENT shall be instituted only in the courts of the State of Texas with venue in Travis County, Texas.
The foregoing RELEASE, WAIVER, AGREEMENT NOT TO SUE, INDEMNIFICATION, HOLD HARMLESS, AND ASSUMPTION OF THE RISK AGREEMENT shall be construed broadly to provide a release, waiver, indemnification, hold harmless and assumption of the risk to the maximum extent provided by law. I agree that if any portion of this release, waiver, indemnification, hold harmless and assumption of the risk is held invalid, the remainder will continue in full force and effect.
This instrument binds the Participant and his/her executors, administrators, assignees or heirs.
I HAVE READ THIS RELEASE, WAIVER, AGREEMENT NOT TO SUE, INDEMNIFICATION, HOLD HARMLESS, AND ASSUMPTION OF THE RISK AGREEMENT AND HAVING DONE SO AM SIGNING IT VOLUNTARILY.
I, the undersigned Renter, swear or affirm, under penalties of perjury:
1. I am not legally prohibited from possessing firearms or ammunition by any provision of the laws of the United States of America, the State of Texas, the State of my residence (if other than Texas), the country of my residence (if other than the United States of America), or any other laws, statutes, rules, regulations or code provisions whatsoever. Renter’s Initials:
2. I will only use the rented firearm(s) in a safe and lawful manner at all times while I am on the premises of The Range at Austin, and I will peaceably surrender any rented firearm at the request of The Range at Austin. Renter’s Initials:
3. Any person seen firing at baffles, lights, target hangers or other range property/equipment will be asked to stop immediately and reported for appropriate action. All shooters will be held accountable for and pay damages caused due to negligence, recklessness or disobeying range commands including replacement and installation charges. Renter’s Initials:
4. I am neither suicidal nor homicidal; I will not use the rented firearm(s) to cause injuries to myself or others; and I have not had any thoughts of causing harm or death to myself or others within the past thirty (30) days. Renter’s Initials:
5. I recognize that The Range at Austin would never rent me any firearm(s) if it had any reason to suspect that these oaths or affirmations are untruthful in any way, and if I violate any of these oaths or affirmations, I accept full and sole responsibilities for my actions, and I agree to allow The Range at Austin to publish this document in any form whatsoever to demonstrate my deceit, dishonesty and misrepresentations. Renter’s Initials:
6. I have completely read and agree to all the provisions of the Agreement, Release, Indemnifications, Covenant Not To Sue, and Waiver of Liability executed simultaneously herewith, and I understand that in the event I cause harm to myself or others with the above-referenced firearm(s), neither I nor my heirs, executors or administrators will have any ability to sue or otherwise recover money from The Range at Austin for damages, BUT, The Range at Austin will have the ability to sue me or my estate for any and all damages I cause by my actions. Renter’s Initials:
7. I acknowledge that I will be given a safety briefing, and I agree to abide by guidelines explained during that briefing. Renter’s Initials:
September 30, 2023