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WAIVER AND RELEASE OF LIABLITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
(Read Carefully Before Signing)
IN CONSIDERATION OF the use of the Premises (hereinafter defined), facilities and participation in the Activity, including without limitation, the use of firearms, discharging live ammunition (including unintentional discharge), the risk of injury and death that exists while participating in shooting and blade sports (hereinafter the “Activity”) (hereinafter defined);
IN CONSIDERATION OF my desire and agreement to voluntarily participate in said Activity and being given the right/opportunity to participate in same;
I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively “Releasor,” “I,” “my” or “me”, which terms shall also include Releasor’s parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AGREEMENT AND INDEMNITY AGREEMENT (the “Release”) and intend to waive and do hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity according to the terms and conditions set forth below.
I HEREBY acknowledge and agree that I am well aware of the risks inherent in and associated with the Activity in which I desire to engage despite these risks. These risks include, without limitation, intentional and accident/unintentional discharge of a firearm; handling/mishandling firearms; handling/mishandling live ammunition; ricochets of bullets, shot or fragments thereof; repeated high decibel levels and concussion forces from the reports of discharging firearms; crushed/cut hands and fingers from actions of firearm slides and doors shutting; burns from contact with hot shell casings, exposure (both respiratory and dermal) to toxins from gunpowder, cleaning solvents, oils, paints and illuminators; sensitivity to flashes of light, including muzzle flashes, strobing effects and glowing lights; and cuts, bruises from handling axes and throwing knives with sharp edges. I also knowledge and agree that there are risks inherent in being on the Premises, of The Porch Skeet Range (hereinafter the “Premises”), which include being outdoors and/or in open-air venues, along with those arising from presence on the Premises at night with reduced lighting, visibility and altered depth perception. I agree that the foregoing list of risk factors is neither exclusive nor all inclusive. I am also well aware of the existence of unforeseen and unidentified risks associated with the Activity, including my presence on the Premises.
Knowing all these risks I still desire to engage in the Activity. Knowing all these risks I voluntarily agree to assume all risks, whether or not specifically listed or referenced above, arising from engaging in the Activity, including all risks arising from by presence on the Premises.
I am voluntarily participating in the aforementioned Activity on the Premises and I am participating in the Activity entirely at my own risk. I am well aware of the potential consequences and results of the risks associated with and inherent in participating in the Activity, which may include, but are not limited to, death, physical or phycological injury, loss of hearing, loss of eyesight, pain, suffering, mental anguish illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss. I understand that these injuries or outcomes may arise from my negligence, the negligence of others, including that of The Porch Skeet Range, LLC, Trevor Dean Daniel, Stevie Ann Daniel, or a combination of my negligence and the negligence of others. Further, such injuries or outcomes may arise from conditions related to travel to and from the Activity, or from conditions at the Activity location(s). Nonetheless, I assume all related risks, both known and unknown to me, of my presence on the Premises and participation in the Activity.
WAIVER AND RELEASE OF LIABILITY
I HEREBY RELEASE AND FOREVER DISCHARGE THE PORCH SKEET RANGE, LLC, TREVOR DEAN DANIEL, STEVIE ANN DANIEL LOCATED AT ________________, ____________________, ___________________, THEIR AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY “RELEASEES”), OF AND FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTIONS, RIGHTS, LAWSUITS OR OTHER ACTIONS, AT COMMON LAW, STATUTORY, OR OTHERWISE, THAT I HAVE OR MIGHT HAVE, KNOWN OR UNKNOWN, NOW EXISTING OR THAT MIGHT ARISE HEREAFTER, DIRECTLY OR INDIRECTLY, RELATED TO THE ACTIVITY, AND MY PRESENCE ON THE PREMISES, FOR ALL PHYSICAL OR PSYCHOLOGICAL INJURY THAT I MAY SUFFER AS A RESULT OF MY PRESENCE ON THE PREMISES AND MY PARTICIPATION IN THE AFOREMENTIONED ACTIVITY. THIS WAIVER AND RELEASE, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT IS EFFECTIVE REGARDLESS OF WHETHER THE CLAIMS, DEMANDS, RIGHTS AND CAUSES OF ACTION ARISE AS A RESULT OF MY NEGLIGENCE, THE NEGLIGENCE OF OTHERS, INCLUDING THE PORCH SKEET RANGE, LLC, TREVOR DEAN DANIEL, STEVIE ANN DANIEL, OR A COMBINATION THEREOF.
I further agree to indemnify, hold harmless and defend The Porch Skeet Range, LLC, Trevor Dean Daniel, and Stevie Ann Daniel, Releasees, against all claims, demands, actions and causes of action of any nature or character whatsoever that may have been or may hereafter be asserted against any of the Released Parties by any person, firm or corporation claiming death, personal injury or property damage arising from the Premises or the Activity and regardless of whether such loss or damage is alleged to have been caused by my negligence, solely, by the negligence of others, including The Porch Skeet Range, LLC, Trevor Dean Daniel, Stevie Ann Daniel, or caused in part by me, by another, and/or by The Porch Skeet Range, LLC, Trevor Dean Daniel, Stevie Ann Daniel, or any of them, or in any combination among them.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity, including without limitation, those conducting or attending a specific event or activity on behalf of Releasees. In the event that I should require emergency medical care or treatment, and I am unable to acquire the same, I authorize The Porch Skeet Range, LLC, Trevor Dean Daniel and Stevie Ann Daniel to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involve and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
COVENANT NOT TO SUE
I FURTHER AGREE that under no circumstances will I or any of my executors, administrators, representatives, heirs or assigns, whether present or future, will file a lawsuit in any forum and venue against The Porch Skeet Range, LLC, Trevor Dean Daniel, and Stevie Ann Daniel for any claim whatsoever, including without limitation, for death, bodily injury or property damage arising from my presence on the Premises and/or my participation in the Activity.
I agree that this Release shall be governed for all purposes by Texas law, without regard to any conflict of law principles. I agree that Texas state courts in Tarrant County are the exclusive and sole forum and venue for all action to construe, interpret, and/or enforce this Agreement/Release for dispute resolution. This “WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT” supersedes any and all previous oral or written promises or other agreements.
In the event that any damage to equipment or facilities occurs as a result of my or my family’s or my agent’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
This waiver and release of liability shall remain in effect for the duration of my participation in the Activity and my presence on the Premises, during this initial and all subsequent events of participation.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT” AND FULLY UNDERSTAND ALL OF ITS TERMS AND HAVE VOLUNTARILY SIGNED IT AS MY AGREEMENT TO THE SAME.