RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT This Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement (this “Release”) is made and entered into and is effective as of August 4, 2026, (the “Effective Date”) by and between the undersigned individual (“I” or “me”), and ATR LLC, doing business as 2 If By Sea Tactical, a Minnesota limited liability company, located at 203 5th Ave NW, New Prague, MN 56071 (the “Company”). In consideration of being permitted to participate in any way in an activity of the Company which may include gun safety, defensive training and classes, competitive shooting, rental of firearms, or use of the firearms shooting range (the “Activity”) , I, being eighteen years or older, for myself, my personal representatives, assigns, heirs, and next of kin, hereby agree to all the terms and conditions set out in this Release. 1. I acknowledge, agree, and represent that I UNDERSTAND THE NATURE OF THE ACTIVITY AND I AM QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY, am capable of understanding basic instructions concerning the Activity, and will follow all instructions provided. I further acknowledge the Activity will be conducted in facilities open to the public where hazards are to be expected. If, at any time, I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity. I acknowledge and agree that I am not under the influence of alcohol, cannabis, cannabinoid products, nor am I under the influence of any drugs including but not limited to prescription, illegal, or over the counter medication which could impair my ability to participate in the Activity. If I am taking medication, I affirm I have seen a physician and have approval to participate in the Activity while under the influence of medication. 2. I AM AWARE AND UNDERSTAND THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF BODILY OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS (the “Risks”). I ACKNOWLEDGE THE RISKS MAY BE CAUSED BY MY OWN ACTIONS OR INACTIONS, OR THE ACTIONS OR INACTIONS OF OTHERS PARTICIPATING IN THE ACTIVITY. I FURTHER ACKNOWLEDGE THE RISKS MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY MY NEGLIGENCE, WILLFUL MISCONDUCT, BREACH OF THE TERMS AND CONDITIONS OF THIS RELEASE, THE NEGLIGENCE OF THE COMPANY, OR OTHERWISE. 3. I understand and acknowledge the Risks listed above are not complete or exhaustive and other risks, whether or not known, identified, or anticipated may also result in illness, injury, damage, or death to myself, or to my property, and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I may incur as a result of my participation in the Activity. 4. I acknowledge the Company does not warrant or in any way guarantee the condition or functionality of any firearm, ammunition, equipment, or facilities used in the Activity. I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES resulting from the failure, misuse, or non-functionality of any equipment or facilities whether or not that equipment is owned or used by me in my participation in the Activity. 5. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I UNDERSTAND AND AGREE THAT I AM SOLELY RESPONSIBLE FOR ALL COSTS RELATED TO SUCH MEDICAL TREATMENT AND ANY RELATED MEDICAL TRANSPORTATION AND/OR EVACUATION. I hereby release, forever discharge, and hold harmless the Company from any claim based on such treatment or other medical services. 6. I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, now known or hereafter known, against the Company, and its managers, employees, agents, representatives, affiliates, members, successors, and assigns (collectively, “Releasees”), on account of injury, disability, death, or property damage arising out of or attributable to my participation in the Activity, whether arising out of the negligence of the Company, its agents or employees, or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability from such claims. This Release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that Minnesota law does not permit to be released by agreement. 7. I SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, awarded against the Company or any other Releasees in a final judgment, arising out of or resulting from any claim of a third party related to my participation in the Activity, including any claim related to my own negligence, or the negligence of the Company. 8. This Release constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the state courts located in Scott County, Minnesota, and I hereby consent to the exclusive jurisdiction of such courts. BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.
Today's Date: August 4, 2026 |