RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
CAUTION: PLEASE READ THIS AGREEMENT CAREFULLY. BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP CERTAIN VALUABLE LEGAL RIGHTS TO SUE SILENT LAKE LLC, LAND LEASEE OR LAND OWNER FOR ANY INJURIES OR DEATH YOU MAY SUFFER AS A RESULT OF THE TRAINING, EQUIPMENT, PROCEDURES, OR SUPERVISION PROVIDED IN CONNECTION WITH GUN TRAINING OR FIREARM SHOOTING ACTIVITIES.
WARNING: FIREARM SHOOTING ACTIVITIES COULD CAUSE SERIOUS INJURY OR EVEN DEATH
READ AND FULLY UNDERSTAND EACH PROVISION OF THIS AGREEMENT AND SO INDICATE BY INITIALING EACH PROVISION IN THE SPACE PROVIDED AFTER EACH PROVISION. SIGN AND DATE THE FORM.
IN CONSIDERATION OF SILENT LAKE LLC, LAND LEASEE, AND/OR LAND OWNER allowing (neatly print your name) ____________________________________________________________ (hereinafter referred to as “the participant”) to utilize the facilities and equipment and to participate in gun training classes and its associated activities, including but not limited to classroom and shooting range activities, events, classes, training, shooting activities;
1) PARTIES INCLUDED: The participant understands that this agreement includes SILENT LAKE LLC, its owners, partners, employees, members, directors, officers, instructors, agents, manufacturer, volunteers, the owner and/or leasee of the structures and/or land utilized for SILENT LAKE LLC events, classes, training, shooting activities, and any public or private entity or public or private employee whether paid or volunteers (herein after collectively referred to in this agreement as SILENT LAKE LLC).
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2) ASSUMPTION OF RISK: The participant is fully aware that firearm shooting activities and all associated activities including classes and training is inherently dangerous and contains inherent risk and dangers (including serious injury or death), that no amount of care, caution, instruction, or expertise can eliminate. The participant knows and understands that the participant alone is fully responsible for their own safety and actions, including every shot that the participant fires and where that bullet travels, lands/stops. The participant knows and understands the scope, nature, and extent of the risks involved in the activities contemplated by his/her agreement. The participant voluntarily, freely and unconditionally chooses to incur any and all such risks and dangers.
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3) EXEMPTION FROM LIABILITY: The participant hereby fully and forever discharges and releases SILENT LAKE LLC from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of any damages, both in law and in equity, while participating in any SILENT LAKE LLC event, training, and/or shooting activities including not only the participants actual shooting activity but any activity the participant engages in while articipating in an event, or on the event’s location or property including but not limited to walking between areas, and waiting for the participants turn to shoot or while watching others shoot, or resulting from the negligence of SILENT LAKE LLC, or from any other cause or causes, or in any transportation to or from any SILENT LAKE LLC event.
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4) COVENANT NOT TO SUE: The participant agrees, for him/herself and his/her heirs, executors, administrators, distributes, guardians, legal representatives, or assigns, not to institute any suit or action at law, or otherwise, against SILENT LAKE LLC nor to initiate or assist the prosecution of any claim for damages, or cause of action, which the participant, his/her heirs, executors, or administrators hereafter may have by reason of injury to the person of the participant or to his/her property arising from the activities contemplated by this agreement.
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5) INDEMNITY AGREEMENT: The participant agrees unconditionally, for him/herself and his/her heirs, executors, administrators, distributes, guardians, legal representatives, or assigns to indemnify and hold harmless SILENT LAKE LLC from any and all losses, claims, actions, or proceedings of any kind which may be counsel fees incurred by SILENT LAKE LLC, the participant, and indemnified parties, or any of them, for the defense SILENT LAKE LLC / Release and waiver of liability and indemnity agreement / safety rules / participant agreement page of any such actions which may hereafter arise directly or indirectly from the activities of the participant while engaging in activities contemplated by this agreement.
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6) CONTINUATION OF OBLIGATIONS: The participant agrees and acknowledges that the terms and conditions of the above provisions, including ASSUMPTION OF RISK, EXEMPTION FROM LIABILITY, COVENANT NOT TO SUE, andINDEMNITY AGREEMENT, as well as those contained in the SILENT LAKE LLC PARTICIPANT AGREEMENT and the SILENT LAKE LLC SAFETY RULES shall continue in full force. The agreements shall be effective not only for the participant’s first shooting activity but for any and all subsequent shooting or activities in any way associated with SILENT LAKE LLC.
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7) MODIFICATION AGREEMENT: This agreement cannot be modified orally and a waiver of any provision shall not be construed as a modification of any provision herein, as a consent to any other provision herein, or as a consent to any subsequent waiver or modification.
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The participant currently has no physical or mental conditions that impairs his/her capability and the participant is fit to fully participate in all firearm shooting activities except as noted below (a blank space indicates no physical or mental conditions of impairment and are fully fit to participate)
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Jurisdiction and venue for all disputes related to and/or arising out of this agreement shall be vested in court of competent jurisdiction, Davis County, Utah.
I HEREBY EXPRESSLY RECOGNIZE THAT THIS AGREEMENT IS A CONTRACT PURSUANT TO WHICH I HAVE RELEASED ANY AND ALL, CLAIMS AGAINST SILENT LAKE LLC RESULTING FROM MY PARTICIPATION IN OR A SPECTATOR OF, GUN TRAINING OR FIREARM SHOOTING ACTIVITIES INCLUDING ANY CLAIMS CAUSED BY THE NEGLIGENCE OF SILENT LAKE LLC. I HAVE READ THIS AGREEMENT CAREFULLY AND FULLY AND UNDERSTAND ITS CONTENTS AND SIGN IT OF MY OWN FREE WILL. I FURTHER CERTIFY THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER AND STATE THAT I CURRENTLY MEET ALL FEDERAL AND STATE LEGAL REQUIREMENTS TO LAWFULLY OWN AND USE A FIREARM, AND STATE THAT I AM NOT UNDER THE INFLUENCE OF ALCOHOL, DRUGS, AND/OR ANY OTHER MIND-ALTERING SUBSTANCE.
SILENT LAKE LLC SAFETY RULES
1) I WILL NOT bring any ammunition into a class or classroom. EVER.
2) I WILL NOT bring any guns into a class or training, except at the specific direction of the instructor.
3) I WILL NOT handle a firearm except as directed by the instructor. When in class or at the gun range, leave all guns and ammunition locked in your vehicle unless specifically instructed to do otherwise.
4) I WILL always keep the gun unloaded until ready to use. Guns should be transported to and from the gun range unloaded with the action open and magazine removed. No unlocked firearms should be handled in the parking lot of the training or gun range. Guns should be transported to the range in a gun case, unloaded and separate from any ammunition. Guns cannot be handled until the instructor has inspected them.
5) I WILL always verify the load condition of any gun I handle. The first activity of handling a firearm is to render it safe and verify that it is unloaded. While keeping the muzzle of the gun pointed in a safe direction, unload the gun; lock the action, remove the magazine, look, and also manually check the chamber with your finger, to verify that a cartridge is not inserted. Whenever a firearm is handed to another person, repeat this exercise, and show the open action and unloaded condition to that person, before handing it to them.
6) I WILL always treat guns as if they are loaded and ready to fire.
7) I WILL always keep a gun pointed in a safe direction. Never point a firearm at anyone or anything you are not willing to destroy.
8) I WILL always keep my finger off of the trigger until my sights are on the target and I have made the definite and intentional decision to shoot.
9) I WILL always be sure of my target and what is behind it.
10) I WILL be sure that the gun I am about to use is safe to operate and know how to operate it safely, before loading it.
11) I WILL use only ammunition that is appropriate for the gun. Only new, factory manufactured and boxed ammunition is allowed. No reloaded or bulk ammunition.
12) I WILL utilize appropriate eye and ear protection, and safety equipment when in the proximity of shooting. Eyeprotection, safety glasses, shooting glasses, or prescription glasses made from polycarbonate and of a design and material that is suitable for protecting the wearer’s eyes. Note: It is the responsibility of the individual to make sure that eye protection is adequate. Hearing protection which is muff-style, but still allows the wearer to hear range commands. Electronic muff head sets are preferred.
13) I WILL NOT rely on a gun’s safety mechanism, or a mechanical device, to render it safe.
14) I WILL NOT use a firearm if I have been drinking any alcoholic beverage or using any drug that might impair judgment.
15) I WILL NOT participate in horseplay or “joking around” when handling a firearm.
I have read and understand each and every one of these STUDENT AGREEMENTS. I agree to abide by them, and whatever additional rules and instructions that the instructor gives to me. I accept full responsibility and total liability for my behavior, my actions negligent or intentional, my safety, and the safety of those around me while participating in, observing, or attending any SILENT LAKE LLC activities / event.
SILENT LAKE LLC PARTICIPANT AGREEMENT
1) I agree to leave all guns and ammunition in the locked car, unloaded and cased with actions open until specifically instructed otherwise by instructor.
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2) I accept and assume all responsibility for, and I unconditionally choose to incur any and all risks and dangers associated with my use of any borrowed, rented, or loaned firearm(s), regardless of the origin or ownership, that I use during SILENT LAKE LLC events/classes/training/shooting. I will inspect any such firearm(s) for proper functioning prior to my use, and will use such items legally, safely and responsibly.
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3) I agree to follow all instructions given by INSTRUCTOR(S) immediately. I shall perform only those techniques taught by the INSTRUCTOR while in the class, and shall not improvise additional techniques on my own. INSTRUCTOR may, at any time, at their exclusive discretion remove me from the event for any reason including inappropriate or unsafe conduct. I agree to leave the course/facility immediately and will not be entitled to any refund.
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4) I agree to immediately notify an INSTRUCTOR of any injury that I receive, or that I observe injury to any other participant, or if I should become aware of any potentially unsafe aspect of the training area, including unsafe behavior of other participants.
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5) I fully understand that I may be receiving instruction and training on property that is used as a firing range, and there are risks to being in such an environment. I specifically release the property owner and shooting range owner/operator, the event sponsor(s), class instructor(s), all individuals participating in the administration of the event/class, the Officers and Directors of the shooting range as well as Silent Lake LLC from any and all claims or liability related to these events/classes/training/shooting. I agree to indemnify the above mentioned entities and individuals for any and all expenses and liability they incur as a result of any of my participation in Silent Lake Gun Training LLC events/classes/training/shooting.
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6) I understand that there is no obligation of Silent Lake Gun Training LLC or any Released Party to maintain insurance protecting me or any other person. I agree it is not advisable for me to participate in Firearms Activity if I do not have appropriate medical/hospitalization and other insurance.
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7) I certify that I am a citizen of the United States of America, legally able to own and possess a firearm under federal state and local law statutes, and I am in compliance with all regulations regarding firearms, and am legally qualified to apply for and receive the Texas License to Carry certification.
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8) I consent to having my photograph taken while participating at Silent Lake Gun Training LLC classes/events. These images may be displayed in all Silent Lake Gun Training LLC publications and media.
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9) I will not photograph or record any class, range, activities, and/or events conducted by or involving Silent Lake Gun Training LLC.
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I have read and understand each and every one of these PARTICIPANT AGREEMENTS. I agree to abide by them, and whatever additional rules and instructions that the instructor gives to me. I accept full responsibility and total liability for my behavior, my actions negligent or intentional, my safety, and the safety of those around me while participating in, observing, or attending any SILENT LAKE LLC activities / event.