I, THE UNDERSIGNED, ("PARTICIPANT") HEREBY ACKNOWLEDGES THAT PARTICIPANT HAS VOLUNTARILY DECIDED TO PARTICIPATE AND/OR OBSERVE IN A FIREARMS RELATED RANGE DAY ("EVENT") LOCATED AT RED HILL RANGE, MARTIN, GA AND CONDUCTED BY 88 INDUSTRIES, LLC. PARTICIPANT ACKNOWLEDGES AND UNDERSTANDS THAT THE EVENT INCLUDES, BUT IS NOT LIMITED TO, THE USE OF FIREARMS AND LIVE AMMUNITION IN SHOOTING AND RELATED ACTIVITIES.
PARTICIPANT ACKNOWLEDGES AND AGREES THAT PARTICIPANT IS COMPETENT TO HANDLE FIREARMS AND HAS BEEN ADEQUATELY TRAINED IN THE SAFE USE AND HANDLING OF FIREARMS.
PARTICIPANT ACKNOWLEDGES AND UNDERSTANDS THAT SHOOTING AND RELATED ACTIVITIES ARE INHERENTLY HAZARDOUS and involve both known and unanticipated risks which could result in damage or destruction of property and physical or emotional injury, including paralysis or death, of Participant or of other persons. Participant understands that such risks cannot be completely eliminated. The risks include, but are not limited to:
*Gun-shot injuries to Participant or others*Partial or total loss of eyesight or hearing*Inhalation or other harmful contact with lead or other contaminants*Injuries from falling debris*Injury to self from mistakes in gun handling such as injuries to fingers
PARTICIPANT FURTHER ACKNOWLEDGES AND UNDERSTANDS THAT the Event has both known and unanticipated hazards which create risks during the Event. Participant understands and acknowledges that such risks and hazards cannot be completely eliminated. Participant acknowledges that risks and hazards specifically associated with the Event include, but are not limited to:
*Unmaintained pathways and roads*Loose rock*Slippery Surfaces*Falling soil*Cracked walkways and uneven terrain*Normal natural vegetation and wildlife*Poor lighting*Other shooters at the Event
PARTICIPANT FURTHER ACKNOWLEDGES AND UNDERSTANDS THAT 88 Industries, LLC has no duty to undertake first-aid or first responder treatment in the event Participant suffers injury from any risk or hazard associated with the Event.
PARTICIPANT ACCEPTS THE EVENT'S FACILITIES, EQUIPMENT, PRODUCTS, AND STAFF AS IS. 88 INDUSTRIES, LLC MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND REGARDING THE EVENT’S FACILITIES, EQUIPMENT, PRODUCTS, AND STAFF. 88 INDUSTRIES, LLC FURTHER MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND REGARDING THE DESIGN, MANUFACTURE, MAINTENANCE, CONDITION OR FITNESS FOR A PARTICULAR PURPOSE OF ANY FACILITIES, EQUIPMENT, OR PRODUCTS, INCLUDING, BUT NOT LIMITED TO: FIREARMS, AMMUNITION, EYE/HEARING PROTECTION AND FIRST AID SUPPLIES. 88 INDUSTRIES, LLC SPECIFICALLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE PARTICIPANT HEREBY ASSUMES ALL RISKS AND LIABILITY ASSOCIATED WITH THE EVENT, UNDERSTANDING THE INHERENT RISKS ASSOCIATED WITH FIREARMS AND THE SPORT OF SHOOTING. PARTICIPANT HEREBY ASSUMES ALL RISKS OF ACCIDENT OR INJURY AND RELEASES AND FOREVER DISCHARGES 88 INDUSTRIES, LLC, THEIR EMPLOYEES, OFFICERS AND AGENTS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY AND OR PROPERTY DAMAGE OF ANY KIND, WHETHER SUCH PERSONAL INJURY OR PROPERTY DAMAGE IS CAUSED BY NEGLIGENCE OF 88 INDUSTRIES, LLC, OR THEIR EMPLOYEES, OFFICERS OR AGENTS OR OTHERWISE. THE PARTICIPANT HEREBY AFFIRMS THAT PARTICIPANT IS IN GOOD PHYSICAL HEALTH AND DOES NOT SUFFER FROM ANY DISABILITY THAT WOULD PREVENT PARTICIPANT FROM PARTICIPATING IN THE EVENT. THE PARTICIPANT HEREBY AFFIRMS THAT PARTICIPANT IS IN GOOD PHYSICAL HEALTH AND DOES NOT SUFFER FROM ANY DISABILITY THAT WOULD PREVENT HIM FROM PARTICIPATING IN SHOOTING OR RELATED ACTIVITIES. THE PARTICIPANT FURTHER AFFIRMS THAT PARTICIPANT IS NOT CURRENTLY PREGNANT.
ABILITY TO POSSESS FIREARMS: The Participant acknowledges that live firearms are used as a necessary part of the Event. The Participant affirms that Participant is at least eighteen (18) years of age or under the supervision of a parent/guardian. The Participant acknowledges that he/she is not disqualified or disabled by law from possession or use of firearms in any manner whatsoever. Such disqualifiers include, but are not limited to, the following:
*Being a fugitive from justice*Being under indictment for or having been convicted of a felony offense of violence or a felony offense involving a drug of abuse whether violent or not or having a similar juvenile record*Being a drug dependent, in danger of becoming drug dependent, an unlawful user of a controlled substance or addicted to such controlled substance, or being a chronic alcoholic*Having been adjudicated a mental incompetent or defective or committed to a mental institute involuntarily.*Having been convicted of a crime that had the potential of more than one year in prison*Being an illegal alien of the United States of America*Having been discharged from the United States Armed Forces under dishonorable conditions*Having renounced one's United States Citizenship*Being under a civil protection order*Domestic Violence: Having been convicted of a crime that involves an element of use, threatened use or attempted use of physical force (i.e. violence) and that involves a victim who is a former spouse, parent, ward (whereby Participant was the ward's guardian), with whom there is a child in common, with whom there was cohabitation, or any similarly situated person.
FIREARM NOT OWNED BY PARTICIPANT Participant acknowledges that if Participant is borrowing or renting a firearm from 88 Industries, LLC that Participant is responsible for the safe functionality and handling of the firearm. Participant understands and acknowledges that the firearm may have been used by several people before him/her and that its usage history is unknown.
PARTICIPANT AGREES THAT PARTICIPANT, PARTICIPANT’S NEXT OF KIN, HEIRS, GUARDIANS, REPRESENTATIVES, AND ASSIGNS RELEASE AND FOREVER DISCHARGE (AND AGREE NOT TO SUE) 88 Industries, LLC and their subsidiaries, affiliates, officers, directors, agents, employees, and representatives (including land/venue owners) from and against any and all claims, demands, damages, expenses, causes of action, attachments of property, or liability of any kind whatsoever, that may result from his participation in the Event, use of the Event’s or 88 Industries, LLC facilities, equipment, and products, or engaging in or observing shooting and other activities, even if such claims, demands, damages, expenses, causes of action, attachments of property, or liability result partially or wholly from any act or acts, even any negligent act or omission to act, including negligent or omitted first-aid or rescue operations or procedures, by 88 Industries, LLC.
PARTICIPANT AGREES THAT PARTICIPANT, PARTICIPANT’S NEXT OF KIN, HEIRS, GUARDIANS, REPRESENTATIVES, AND ASSIGNS SHALL INDEMNIFY AND HOLD HARMLESS 88 Industries, LLC from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and costs) that arise directly or indirectly out of or are related to the Participant’s participation in the Event, use of the Event’s or 88 Industries, LLC facilities, equipment, and products, or engaging in or observing shooting and other activities. This indemnification shall survive in the event this Agreement is terminated for any reason.
GOVERNING LAW & AMENDMENT: This Assumption of Risk & Release Agreement must be governed by and construed in accordance with the laws of the State of Georgia applicable to agreements made and to be performed therein. This Assumption of Risk & Release Agreement may be amended only by a written instrument signed by all Parties.
SEVERABILITY & WAIVER: If any provision of this Assumption of Risk & Release Agreement is held to be legally invalid or unenforceable, such invalidity or unenforceability will not render the entirety of this Assumption of Risk & Release Agreement invalid. Rather, this Assumption of Risk & Release Agreement will be construed as if not containing the particular invalid or unenforceable provision.
MERGER CLAUSE: This Assumption of Risk & Release Agreement constitutes a final written expression of all the terms of this Assumption of Risk & Release Agreement and is a complete and exclusive statement of those terms. Participant affirms that no representations or promises not expressly contained herein have been made or agreed to by 88 Industries, LLC.
PARTICIPANT UNDERSTANDS THAT BY PARTICIPANT SIGNING BELOW, PARTICIPANT IS GIVING UP SUBSTANTIAL RIGHTS, AND THAT PARTICIPANT IS AGREEING NOT TO SUE 88 INDUSTRIES, LLC AND RELEASING AND HOLDING HARMLESS 88 INDUSTRIES, LLC OF ALL LIABILITY.
I, THE UNDERSIGNED, COMPLETELY UNDERSTAND THIS THREE PAGE DOCUMENT THAT I AM SIGNING BELOW. I HAVE READ IT THOROUGHLY AND HAVE HAD THE OPPORTUNITY TO ASK 88 INDUSTRIES, LLC ANY QUESTIONS I HAVE. I AGREE TO ALL PARTS AND PROVISIONS OF THIS ASSUMPTION OF RISK AND RELEASE AGREEMENT.
Acknowledged and agreed to by the following Participant:
IF PARTICIPANT IS UNDER 18 YEARS OF AGE, PARENT SIGNATURE IS REQUIRED BELOW:
RULES & REGULATIONS: Participant agrees to strictly follow all Rules & Regulations listed below governing the Event:
Any shooter may and should call for a “cease fire” if any situation is observed that warrants immediate action.
Whenever the line is called safe and any range personnel are down range ALL firearms MUST be removed from the firing line and made safe. At NO TIME should any shooter handle, work on or otherwise touch their respective firearms while people are present down range.
All firearms must remain unloaded with actions open except on the firing line. Firearms should be loaded only when you are ready to shoot.
Eye and Ear protection MUST be worn by anyone on or near the firing line during all live fire sessions.
BY SIGNING BELOW I UNDERSTAND THAT FAILURE TO FOLLOW THE ABOVE RULES COULD RESULT IN MY DISMISSAL FROM THE RANGE AND EVENT.