UTAH SHOOTERS, LLC
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK,
INDEMNITY AGREEMENT (“AGREEMENT”)
Any and all visitors, guests, attendees, vendors and users of (i) the life fire shooting event “Shootah” ran by UTAH SHOOTERS, LLC) and of (ii) the services provided by UTAH SHOOTERS, LLC shall execute this Agreement providing for the waiver and release of liability, assumption of risk, and indemnification of UTAH SHOOTERS, LLC, land owners of the premises, lessees and sublessees of premises, marketing or promotions companies, consultants, contractors, service providers and their respective affiliates, officers, directors, shareholders, members, managers, agents or employees, and their successors and assigns (collectively, “RELEASEES”), in the following form:
The individual named below (referred to as “I” or “me”), or the parent/guardian of registered participant, hereby understands, acknowledges and agrees that the services and activities provided by UTAH SHOOTERS, LLC are inherently dangerous activities. The services and activities provided by UTAH SHOOTERS, LLC include, but are not limited to, handling, using, and being in the vicinity of firearms, including the loading and unloading of firearms, firing of live ammunition and observing individuals discharging firearms, and any other service or activity provided by UTAH SHOOTERS, LLC or related to these activities or the instruction or administration of these activities.
I hereby understand, acknowledge, and agree that my participation in these services and activities provided by UTAH SHOOTERS, LLC may pose a variety of hazards and risks both known and unforeseen, which could result in damage or destruction of personal property and physical or emotional injury, including paralysis or death and partial or total loss of limbs, eyesight or hearing. I understand that these risks include, but are not limited to, serious or potentially fatal injury from the use of firearms and/or related equipment, inhalation or other harmful contact with lead or other contaminants. I acknowledge that such hazards and risks cannot be eliminated without compromising the essential qualities of the activity and services provided by UTAH SHOOTERS, LLC.
I hereby release, waive, and discharge UTAH SHOOTERS, LLC and RELEASEES (to include owners and staff) from any and all liability, claims, demands, actions, and causes of action whatsoever, to the fullest extent allowed by law, arising out of or related to any loss, damage, and/or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in such activity, while in, on or upon the premises where the activities are being conducted, REGARDLESS OF WHETHER SUCH LOSS, DAMAGE AND/OR INJURY IS CAUSED BY THE NEGLIGENCE OR CARELESSNESS OF UTAH SHOOTERS, LLC OR RELEASEES, OR FROM DANGEROUS OR DEFECTIVE PROPERTY OWNED, CONTROLLED, USED OR MAINTAINED BY THEM or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise.
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UTAH SHOOTERS, LLC
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK,
INDEMNITY AGREEMENT (“AGREEMENT”) CONTINUED
I hereby specifically agree not to sue UTAH SHOOTERS, LLC or RELEASEES (to include owners and staff) for any injuries or damages that I might receive or incur from my participation in any activity involving shooting, including any preliminary and subsequent training, instruction, or preparation, REGARDLESS OF WHETHER SUCH LOSS, DAMAGE AND/OR INJURY IS CAUSED BY THE NEGLIGENCE OR CARELESSNESS OF UTAH SHOOTERS, LLC OR RELEASEES (TO INCLUDE, OR FROM DANGEROUS OR DEFECTIVE PROPERTY OWNED, CONTROLLED, USED OR MAINTAINED BY THEM, OR OTHERWISE.
I am fully aware of the risks and hazards connected with the activities and services of UTAH SHOOTERS, LLC, and I am aware that such activities include the risk of injury and even death, and I hereby elect to voluntarily participate in said activities, knowing that the activities may be hazardous to my property and me. I understand that UTAH SHOOTERS, LLC does not require me to participate in this activity. I voluntarily assume full responsibility, including financial responsibility, for any risks of loss, property damage, and/or personal injury, including death, that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in the activities described herein. I understand and I have considered the risks involved, and I voluntarily and freely choose to assume these risks.
I hereby acknowledge that I have read and agree to abide by the rules and regulations pertaining to the activities and use of services and equipment provided by UTAH SHOOTERS, LLC (to include owners and staff).
I hereby pre-authorize UTAH SHOOTERS, LLC and their representatives to arrange for emergency medical treatment and/or ambulance or helicopter transport on my behalf if medical attention is warranted while preparing to participate or participating in this activity. I understand and agree that I will be responsible for the costs associated with any such emergency medical care and/or transport arranged on my behalf.
I shall defend, indemnify and hold harmless UTAH SHOOTERS, LLC and RELEASEES (to include owners and staff) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, incurred by/awarded against indemnified party in a final, non-appealable judgment, arising out or resulting from any claim of a third party related to my participation in the activities described herein.
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UTAH SHOOTERS, LLC
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK,
INDEMNITY AGREEMENT (“AGREEMENT”) CONTINUED
I hereby expressly intend that this Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a release, waiver, discharge, and covenant not to sue UTAH SHOOTERS, LLC or RELEASEES (to include owners and staff). I hereby further agree that this Agreement shall be construed in accordance with the laws of the State of UTAH and that any mediation, suit, or other proceeding must be filed or entered into only in UTAH and the federal or state courts of UTAH. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions.
I am at least 18 years of age or older, or the parent/guardian of registered participant and have read this Agreement carefully, understand its terms and conditions, and acknowledge and intend my signature to serve as confirmation of my complete and unconditional acceptance of the terms and conditions of this agreement. I understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance, no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made. I intend my signature to be an unconditional release of all liability to the greatest extent allowed by law.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE UTAH SHOOTERS, LLC and RELEASEES.
RELEASE OF LIABILITY AND ASSUMPTION OF RISK
The entity or individual named below (“Vendor”) desires to participate as a vendor, employee or other agent or invitee of a vendor, in the live fire shooting event “Shootah” (the “Activity”) sponsored by Utah Shooters, LLC, a Utah limited liability company (the “Company”) at the Soldier Pass Shooting Range in Saratoga Spring, Utah (the “Premises”). The individuals named below (each referred to as a “Participant”) also desire to engage in the Activity at the Premises, both as agent of the Vendor and in their individual capacities. In consideration of the intangible value that Vendor and the Participants will gain by participating in the Activity and in recognition of the Company’s reliance hereon, Vendor and each Participant agrees to all the terms and conditions set forth in this agreement (this “Release”).
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Vendor and each Participant are aware and understand that the Activity includes the handling, using, and being in the vicinity of firearms, loading and unloading firearms, firing live ammunition, and being in the proximity of firing live ammunition, and as such is a potentially dangerous activity and involves the risk of personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. Vendor and each Participant acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of Company employees or others, including negligent emergency response or rescue operations of the Company. Vendor and each Participant understand that while the Company has implemented measures to reduce the risk of injury from the Activity, the Company cannot guarantee that a Participant will not be injured while on the Premises or during my participation in the Activity. NOTWITHSTANDING THESE RISKS, VENDOR AND EACH PARTICIPANT ACKNOWLEDGES THAT IT IS VOLUNTARILY ACCESSING THE PREMISES AND PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. VENDOR AND EACH PARTICIPANT HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
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Vendor and each Participant hereby expressly waive and release any and all claims, now known or hereafter known, against the Company and its officers, managers, employees, agents, affiliates, members, successors, and assigns (collectively, “Releasees”) on account of personal or psychological injury, illness, pain, suffering, temporary or permanent disability, death, property damage, or financial loss arising out of or attributable to my being on the Premises or participating in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. Vendor and each Participant covenants not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
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Each Participant confirms that: (a) he/she is in good health and proper physical and emotional condition and does not have any medical or other conditions that would impair his/her ability to participate in the Activity; (b) he/she is knowledgeable about the safe handling and firing of firearms; and (c) he/she has or will obtain and wear at all times appropriate safety gear, including adequate hearing protection and ballistic-rated eye protection. Vendor and each Participant will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Activity while on the Premises or participating in the Activity. Vendor and each Participant will also follow all instructions, recommendations, and cautions of the Company, range safety officers, and other event staff at all times. If at any time Vendor or a Participant believes conditions to be unsafe, or that they are no longer in proper physical or emotional condition to participate in the Activity, they will immediately discontinue further participation in the Activity. Vendor and each Participant acknowledge that the Company is relying on these statements to allow it to participate in the Activity.
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Vendor shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by the Company or any other Releasees, arising out of or resulting from any claim of a third party or a Participant related to Vendor and/or a Participant being on the Premises or participating in the Activity, including any claim related to Vendor’s or a Participant’s own negligence or the ordinary negligence of the Company.
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Each Participant hereby consents to receive medical treatment deemed necessary if he/she is injured or requires medical attention during their participation in the Activity. Each Participant understands and agrees that they or the Vendor are solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. Each Participant hereby releases, forever discharges, and holds harmless the Company, all other Releasees, and any other event attendees from any claim based on such treatment or other medical services.
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This Release constitutes the sole and entire agreement of the Company, the Vendor, and each Participant with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company, Vendor, and each Participant and their respective heirs, successors, and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Salt Lake County, Utah and each party hereto hereby consents to the exclusive jurisdiction of such courts.
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BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT.
