IMPORTANT! This is a binding legal Agreement. Read it CAREFULLY before signing. By signing this Agreement, you are giving up important legal rights.
1. Terms: a. Claims: any and all legal claims, lawsuits, causes of action, damages, expenses, injuries or costs. This includes, but is not limited to, claims for intentional acts, negligence, illness, nuisance, noise, damage / theft / loss / destruction of personal property, or any other legal claim that is cognizable in a state or federal court of law, regardless of whether related to Participant / Guest / Observer / Member’s participation in activities offered by or use of or being on the Property of Baltimore County Game & Fish Protective Association. b. Baltimore County Game and Fish Protective Association or BCGFPA: Baltimore County Game and Fish Protective Association, and its respective officers, officials, directors, members, owners, shareholders, employees, representatives, agents, event and stage coordinators and designers, training personnel and directors, role-players, firearm and safety instructors, volunteers, attorneys, attorneys and law firms, insurers, sponsors, vendors, lessors, renters, and any legal entity having any interest or right in any Property utilized by BCGFPA. c. Illness: Any illness, disease, sickness, or condition, of any form, nature, and cause, including, but not limited to, any flu, COVID-19, cold, or other communicable diseases, illness, sickness, or condition, fever, stomach distress, and food poisoning. d. Limitations: anyphysical, mental, emotional, or other limitations, disabilities, illnesses, injuries, or conditions. e. Participant / Guest / Observer / Member:Any individual whether a participant, guest, observer, or member of BCGFPA, including, but not limited to, participants, guests, observers, members, event coordinators, range officers, instructors, shooters, role players, volunteers, or any other person, regardless of age, granted permission to participate in activities, observe activities or use or otherwise be on the Property of BCGFPA. f. Minor Child / Ward: Any minor, who is under the charge care, or protection of a Participant / Guest / Observer / Member, and includes that minor’s parents’ estate, heirs, successors, and assigns. g. Property: Any property of any form, tangible or intangible, including, but not limited to, real estate, buildings, erections, Range, goods, products, firearms, bows, arrows, ammunition, firearm accessories, knives, weapons, or any object or real estate owned, leased, rented, or in use, whether wholly or partially, by BCGFPA. h. Range: any and all shooting, training, instruction, and practice ranges, including, but not limited to, firing ranges, tactical/dynamic ranges, virtual ranges and simulators, combatives training range, and shoot house, whether used for lethal, non-lethal, or virtual fire or training/instruction, in any capacity. 2. Illness Declaration:I do not have any Illness, nor have been in contact with any person with any Illness, or exhibiting any symptoms (e.g. cough, shortness of breath, fever, chills, loss of taste or smell...etc.) of any Illness, in the last fourteen (14) days. 3. Agreement to Follow All Safety Rules and Directions: In consideration for me being permitted to be a Participant / Guest / Observer / Member and have use of the Property of BCGFPA, I (name provided in the next section) (Participant / Guest / Observer / Member), hereby AGREE TO FOLLOW AND COMPLY WITH the written safety rules provided to me with this Agreement, as well as all safety rules, range procedures, and directions, whether written or oral, of BCGFPA, as well as, all applicable state and federal laws regarding possession, transport, and transportation of firearms and ammunition and explosives. I further agree that if I observe any safety violation by anyone (employee, participant, guest, observer, member or other person), or any unsafe condition of any kind, I will IMMEDIATELY take reasonable steps to remedy the violation or condition and bring it to BCGFPA’s attention by reporting to the BCGFPA Range Committee and/or Board of Directors.I further agree that BCGFPA may terminate my use of their Property at any time if I violate any safety rule, procedure, or direction, in which case any fees I have paid will not be refunded to me. 4. Non-Prohibited Person Declaration:By signing this Agreement, I declare, subject to all legal penalties relating to fraudulent statements and representations, that to the best of my knowledge, information, and belief: a. I nor my Minor Child / Ward (if any) are currently under indictment or information in any court of a crime that could be punished by more than one year in jail. b. I nor my Minor Child / Ward (if any) have been convicted in any court of a crime that could have been punished by more than one year in jail, regardless of the actual sentence imposed. c. I nor my Minor Child / Ward (if any) are fugitives from justice. d. I nor my Minor Child / Ward (if any) are unlawful users of, or addicted to, any depressant, stimulant, narcotic drug, or any other substance. e. I nor my Minor Child / Ward (if any) are under the influence of alcohol or any lawful drug that may impair my capacity, and I have not consumed any alcohol or lawful drug that may impair my abilities in the last (8) hours. f. I nor my Minor Child / Ward (if any) have ever been adjudicated mentally defective or committed to a mental institution. g. I nor my Minor Child / Ward (if any) have ever been dishonorably discharged from the Armed Forces. h. I nor my Minor Child / Ward (if any) are subject to a court order restraining me from harassing, stalking, or threatening my child or an intimate partner or child of such a partner. i. I nor my Minor Child / Ward (if any) have ever been convicted in any court of a misdemeanor crime of domestic violence. j. I nor my Minor Child / Ward (if any) have ever renounced our United States citizenship. k. I nor my Minor Child / Ward (if any) are aliens illegally in the United States. l. I nor my Minor Child / Ward (if any) are suffering from any Illness. m. I nor my Minor Child / Ward (if any) have any unlawful, illegal, wrongful or otherwise deceitful intentions in executing this Agreement, in utilizing BCGFPA’s Property, or in participating or observing training/instruction offered by BCGFPA. 5. Advice and Training: I understand that any training, instruction, guidance, advice, or suggestions of BCGFPA shall not be construed as legal advice, including on whether any particular action or inaction is justified or lawful under the law. I agree to seek out competent legal advice for all legal questions and not rely on any statements made by BCGFPA. 6. Release of My Image, Likeness, and Auditory Communications: I understand that my activities, including auditory communications, on BCGFPA’s Property may be photographed, videotaped, and/or otherwise captured electronically by BCGFPA. I hereby grant BCGFPA all rights to use my image, likeness, and auditory communications for the purpose of advertising or otherwise promoting its purpose. I understand that use of my image, likeness, and auditory communications will be for advertising purposes or otherwise promoting of BCGFPA’s purposes. This includes publishing in magazines, advertising, videos, internet websites, social media, or other means, as long as it is not altered to show other than actual activities in a way that could be harmful to my character. All publications will be done tastefully and with integrity. I FORFEIT any and all rights to any CLAIMS relating to the use of my image, likeness, or communications as described above. All photographs, videos, or other electronically captured media, including auditorily, taken at or in BCGFPA’s Property remain the Property of BCGFPA, and may not be used or reproduced without the express written permission BCGFPA. 7. Auditory Recordings: I understand that my auditory communications on BCGFPA’s Property may be recorded and grant permission to BCGFPA to record all of my auditory communications. 8. Assumption of Risk: I understand that my being a Participant / Guest / Observer / Member or my use of BCGFPA’S Property involves numerous serious risks,including the risk of death, serious and non-serious physical injury, Illness, and property damage. These risks involve, but are not limited to, the risk that I may be injured by: shooting ourselves, each other, or being shot by someone else; being bruised, cut, scratched, hit, kicked, punched, kneed, elbowed, or otherwise physically injured in any form; being injured by ricochet bullets, fragments, arrows, splatter, or splashback from targets, target frames or the range backstop; malfunctioning or improperly designed activity and range equipment or props; improper installation or attachment of protective equipment or devices; risk of firearms or ammunition exploding or bursting; non-lethal rounds and non-lethal weapons causing injury, including serious, and non-serious bodily injury and death; live ammunition and weapons inadvertently being used instead of non-lethal rounds or non-lethal weapons; risk of my falling, slipping, tripping or stumbling, anywhere of BCGFPA’s Property; risk of my suffering serious eye injury or blindness, hearing loss or deafness, brain damage, lead poisoning, broken bones, paralysis, sprains, strains, and other injuries resulting from use of BCGFPA’s Property and participation in or observation of the associated activities; risks of emotional and psychological injury; risk of contracting or suffering from Illness, which may cause serious and non-serious symptoms and death; risk of my suffering injuries, death, or destruction of my property from wildlife; risk of damage or destruction of my personal property, including my vehicle; and other risks too varied and numerous to specify. By willingly, knowingly, and voluntarily being a Participant / Guest / Observer / Member of BCGFPA, I hereby ASSUME ALL RISKS involved, including EVEN THOSE, WHICH MAY BE CAUSED BY THE NEGLIGENCE OR CLAIMED NEGLIGENCE OF (OF ANY FORM) OF BCGFPA. 9. Release: I further agree to RELEASE BCGFPA from LIABILITY for any and all CLAIMS which may result from, or are in any way related to, BCGFPA or its Property. I agree to RELEASE BCGFPA from LIABILITY for any and all CLAIMS, even if caused by the NEGLIGENCE or CLAIMED NEGLIGENCE (OF ANY FORM) of BCGFPA. 10. Indemnity Agreement: I further agree to INDEMNIFY and DEFEND BCGFPA and HOLD BCGFPA HARMLESS from any CLAIMS, whether brought by or on behalf of me, or brought by another, including, but not limited to, a spouse, Minor Child / Ward, other relative, or other Participant / Guest / Observer / Member or his/her Minor Child / Ward, as a result of, but not limited to, actual or claimed negligence (of any form), Illness, or other improper conduct. I also agree to be responsible for all attorney fees and costs incurred by BCGFPA in having to enforce and/or defend this Agreement, including, but not limited to, being responsible for paying all of BCGFPA’s attorney and expert fees (not to exceed $600 an hour, with an initial retainer of $50,0000, which must be replenished as attorney and expert fees are incurred) and costs in defending against any action brought by myself, someone on my behalf, or by my Minor Child / Ward, during the pendency of the action, as well as, at its conclusion. 11. Health Condition Declaration: I hereby affirm that I AM IN GOOD HEALTH and have no Limitations, including any Illness, that would or might make it unsafe for me to be a Participant / Guest / Observer / Member of BCGFPA or use its Property. I agree to inform BCGFPA in writing below, before becoming a Participant / Guest / Observer / Member or using its Property, of any Limitations, physical or otherwise, including Illness, which would or might make it unsafe or inadvisable for me to perform any particular types of activities or exercises. To the extent I develop or become aware of any such Limitations while being a Participant / Guest / Observer / Member of BCGFPA or otherwise using BCGFPA’s Property, or feel that any of BCGFPA’s activities or programs are ones which I, or cannot safely participate, I agree that I will immediately call this situation to the attention of BCGFPA and that I WILL NOT PERFORM ANY ACTIVITY OR PROGRAM WHICH I FEEL IS UNSAFE FOR ME TO PERFORM, OR WHICH IS BEYOND MY PHYSICAL OR MENTAL CAPABILITIES, SKILL LEVEL, or LEVEL OF TRAINING. I understand that my use of BCGFPA’s Property is voluntary, and there is no requirement that I perform all, or any, of BCGFPA’s activities or programs. My current known Limitations (including the use of any prescription or non-prescription drugs or other substances) that might affect my ability to participate fully and safely in the activities, are as follows: (initial): Limitations as defined above (list in the next section if applicable): 12. General Conditions: a. I agree that all matters arising out of or anyway relating to the Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, without giving effect to its conflicts of law provisions. Any claim or cause of action arising in connection with this Agreement may only be brought in the District or Circuit Courts of Baltimore County, Maryland. b. To the extent that any provision of this Agreement is held to conflict with or be unenforceable under applicable law, I agree that this Agreement shall be modified by the Court to the least extent possible to render it enforceable, and shall be enforced as so modified. c. I declare that this Agreement contains the total agreement and understanding between myself, my Minor Child / Ward (if any), and BCGFPA with regard to the subject matter hereof, that there exist no other promises, representation, terms, conditions, agreements, or courses of dealing not contained herein. I further declare and agree that, in any event, this Agreement supersedes any such promises, agreements, etc. in the event they ever occurred. This Agreement may not be amended or changed except in writing approved by the BCGFPA Board of Directors. d. I declare that my and my Minor Child / Ward (if any) being a Participant / Guest / Observer / Member of BCGFPA and use of BCGFPA’s Property is purely voluntary, and that I and my Minor Child / Ward are compelled neither to participate in, attend, or observe BCGFPA’s activities / training / instruction or use of BCGFPA’s Property nor to execute this agreement, I further declare that I have been provided opportunity to review this Agreement with my attorney and after being provided that opportunity, am voluntarily electing to execute this Agreement. e. I agree to abide by the Bylaws and Lawful Enactments of the BCGFPA. WHEREFORE, I HEREBY ACKNOWLEDGE AND AGREE BY MY SIGNATURE BELOWthat I have read and understood this Agreement, including the within (1) Terms, (2) Illness Declaration, (3) Agreement to Follow All Safety Rules and Direction, (4) Non-Prohibited Person Declaration, (5) Advice and Training, (6) Release of My Image, Likeness, and Auditory Communications, (7) Auditory Recordings, (8) Assumption of Risk, (9) Release, (10) Indemnity, (11) Health Condition Declaration, and (12) General Conditions, that I had the opportunity to review this Agreement with my attorney, and that by signing it, I expressly intend to be legally bound, as well as to bind my spouse, children, Minor Child / Ward, relatives, estate, heirs, successors and assigns. I further agree that this Agreement shall remain in force indefinitely. Signature of Participant / Guest / Observer / Member: Date: April 27, 2024 |
