ASSUMPTION OF THE RISK, WAIVER & RELEASE OF LIABILITY,
AND INDEMNIFICATION AGREEMENT
In consideration of being permitted to enter the Staccato Ranch shooting range facilities in conjunction with the Celebrating Heroes Event (the “Range Facilities”), and/or being permitted to shoot and/or observe any activity thereon, I, on behalf of myself, my heirs, successors and assigns (“Releasor”) agree to read this Assumption of the Risk, Waiver & Release of Liability, and Indemnification Agreement (“Agreement”) fully and completely before signing, and further agree that, by executing this Agreement, Releasor explicitly and unequivocally agrees to its terms and understands that it is a binding and fully enforceable contract with legal consequences.
This Release shall apply to Staccato 2011, LLC, and all entities or persons involved with or sponsoring the Celebrating Heroes event, including, but not limited to, their parent companies, subsidiaries, affiliates, successors, other related entities, owners, members, directors, officers, shareholders, agents, employees, servants, assigns, investors, legal representatives, and all individuals and entities involved in their business operations (“Releasees”).
PLEASE READ CAREFULLY. BY SIGNING THIS DOCUMENT, YOU ARE GIVING UP LEGAL RIGHTS.
ASSUMPTION OF THE RISK: Shooting firearms, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care and steps the Releasees have taken to avoid injuries. I acknowledge that use of the Range Facilities is a potentially hazardous activity. Potential sources of injury include, but are not limited to, being shot by another person or myself, being hit by debris from a firearm experiencing a catastrophic failure, being hit by ricocheting bullets, being struck by hot brass ejected from firearms used by myself or others, noise generated by the use of firearms, and slipping and falling. I am also aware of the risk of injury that can be caused by exposure to lead present at the Range Facilities. I further acknowledge that entering the Range Facilities, participating in activities at the Range Facilities, and/or observing activities while present at the Range Facilities can cause loss or damage, including, but not limited to, death, physical injury, permanent trauma, disability, paralysis, hearing loss, tinnitus, severe social and economic losses, and property damage.
By signing my name below, Releasor expressly assumes and acknowledges awareness of the inherent risks of participating in activities at the Range Facilities. I further acknowledge that I have read and will abide by the Rules of the Range, as provided below:
1. Always treat all firearms as if they are loaded.
2. Always keep all unholstered and or uncased firearms pointed down range.
3. Always keep your finger off the trigger and outside the trigger guard until on target and the decision has been made to discharge the firearm.
4. Keep firearm actions open and unloaded with magazines removed until ready to fire.
5. Never use alcohol or drugs before or during your time on the range.
6. Always use eye and ear protection at all times while at the Range Facilities.
7. No firearm/ammunition handling outside of the designated shooting area – there is no handling, casing, uncasing, holstering, loading, or clearing anywhere on the Range Facilities except the designated shooting area.
8. If your firearm experiences a stoppage of any sort, including a jam or malfunction, and you are unable to fix the problem, leave the firearm at the shooting area, pointed down range, and request the help of the Range Safety Officer (RSO) who is stationed at your bay.
9. Shoot ONLY at your target in your lane and always be sure of your target and what is in front of and behind it.
10. Know and understand the operating and safety mechanisms of any firearm you intend to shoot.
WAIVER & RELEASE OF LIABILITY: In consideration for Releasees allowing me to enter and/or participate in any activity at the Range Facilities, Releasor agrees to forever release, discharge, and hold harmless the Releasees for all loss, damage, claims or demands, including, but not limited to, causes of action for negligence, gross negligence, strict liability, product liability, and premises liability. This Waiver & Release of Liability applies to all potential claims against Releasees, including claims alleging that Releasees were negligent. Releasor further acknowledges and realizes that by signing this three-page document I am waiving and contractually agreeing to waive all of my rights to sue and/or bring any type of lawsuit for any loss against Releasees. This Agreement is for any type of claim, including, but not limited to, death, personal injury, eye or ear related injury, emotional distress, illness, disability, and any property damage and/or loss, related to my participating in activities at the Range Facilities, my presence at the Range Facilities, and/or my observing activities at the Range Facilities.
INDEMNIFICATION: Releasor agrees to hold harmless, defend and indemnify Releasees from all defense costs (including reasonable attorney fees, court costs, and investigative costs) incurred in connection with any and all claims brought against Releasees whether for death, physical injury, illness, mental or emotional injury and/or property loss or damage arising from my presence at, or use of, the Range Facilities, including claims that Releasees were negligent, or solely at fault. If I file a lawsuit or other legal action against Releasees that is barred by this Agreement, I agree to reimburse Releasees for all costs they incur in the defense of such lawsuit or action, including reasonable attorney fees, court costs, and investigative costs. This provision is intended to apply to the fullest extent permissible by law, and applies in all situations, including where the Releasees are solely at fault.
MISCELLANEOUSEvery term and provision of this Agreement is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable. This Agreement shall be governed by Texas law, without regard to its conflict of laws rules, and all claims, controversies, disputes or suits shall be litigated exclusively in state court in Williamson County, Texas. This Agreement is entered into voluntarily after careful consideration, and is binding upon the person signing below, their heirs, successors, assigns, executors, administrators, wards, minor children and other family members. This Agreement shall remain in effect for the entire Celebrating Heroes Event.
BY SIGNING BELOW, I HEREBY CERTIFY THAT I HAVE READ THIS AGREEMENT, UNDERSTAND IT, ACCEPT ALL ITS PROVISIONS, AND VOLUNTARILY AGREE TO BE BOUND BY IT.
I have read and understand all of the above.
Dated: June 7, 2023
BY SIGNING BELOW, I HEREBY CERTIFY THAT I HAVE READ THIS AGREEMENT, UNDERSTAND IT, ACCEPT ALL OF ITS PROVISIONS, AND VOLUNTARILY AGREE TO BE BOUND BY IT, BOTH INDIVIDUALLY AND ON BEHALF OF THE MINOR RANGE USER IDENTIFIED BELOW.
Date: June 7, 2023