Release, Waiver, Indemnification and Hold Harmless Agreement
NORTH AMERICAN LONG RANGE SHOOTING ASSOCIATION, LLC
P.O. Box 1434
Bandera, Texas 78003
RELEASE, WAIVER, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
This Release, Waiver, Indemnification and Hold Harmless Agreement (“Agreement”) is hereby made and entered into by and between NORTH AMERICAN LONG RANGE SHOOTING ASSOCATION, LLC (hereinafter sometimes referred to as “NALRSA”) and ________________________________________________________ (member of North American Long Range Shooting Association, LLC and/or participant in NALRSA event).
I, the undersigned, along with my immediate family, heirs, successors, assigns, executors and administrators, for and in consideration of having been permitted to participate in the activities of the North American Long Range Shooting Association, LLC, including the participation in shooting events and competitions, do hereby agree to all the matters stated herein and I do RELEASE, WAIVE and FOREVER DISCHARGE NALRSA, its employees and agents, members, owners, directors, officers, volunteers, families, insurers, invitees, guests, successors and assigns, of and from all rights, claims, demands, debts and other liabilities, obligations, suits, damages (including reasonable legal fees and costs) and causes of action of any kind whatsoever, at law or in equity, known or unknown, arising before, on or after the date of this Release, Waiver, Indemnification and Hold Harmless Agreement, which I may now have or may ever have, in the future, against NALRSA, arising directly or indirectly from my participation in any activities, events, shooting events, or competitions, hosted or sponsored by NALRSA, irrespective of whether such claims, demands, debts and other liabilities, obligations, suits, damages and causes of action are due to the negligence, gross negligence, negligence per se, strict liability or other act, fault or omission of the NALRSA, or the concurrent/contributory negligence, gross negligence, negligence per se, strict liability, or fault of NALRSA. I expressly assume full responsibility for all losses, damages or claims for injury to myself, my immediate family members, guests, and other participants or members.
I agree to the following and I further represent that all of the following are true and correct:
- Prior to accepting membership in, and participating in events hosted or sponsored by, NALRSA, I shall make myself fully aware of all firearm laws, rules, and regulations of the state and county in which the event or competition takes place, as well as any applicable federal laws. Prior to entering NALRSA’s event or competition, I shall obtain all permits and/or licenses required by law or regulation as a prerequisite to carrying, possessing, or shooting a firearm in NALRSA’s event or competition.
- NALRSA has not provided me any firearm, ammunition, or equipment. I have or will provide my own firearm, ammunition, and equipment.
- Prior to participating in NALRSA’s event or competition, I will take all reasonable precautions to protect myself from injury, including, but not limited to, following NALRSA’s safety rules, firing range rules, and wearing the appropriate eye, ear, and body protection. NALRSA is not responsible for my own failure to follow any safety rules or laws, or my failure to wear protective clothing or equipment.
- I acknowledge that the participation in shooting events and competitions, using firearm’s in general, as well as being around others with firearms, and attending events at locations where firearms will be discharged have inherent risks, hazards and dangers for anyone, which cannot be eliminated. I understand that these risks, hazards, and dangers include, without limitation: (1) the risk from handling firearms and being near others that have firearms in their possession; (2) the risk of being shot by my own or another person’s firearm; and/or (3) the risk of being hit by a stray bullet and/or ricochets.
- I have seen and examined the shooting range and/or competition course. I accept the condition of the shooting range and/or competition course, and I shall be solely responsible for any loss or injury that might be incurred by me or my property as a result of my acts, errors and/or omissions during my use and/or occupancy of the shooting range and/or competition course.
- I am familiar with firearms in general and I am familiar with my firearms in particular. I am fully responsible and liable for any injury to persons or property as a result of the use or misuse of any firearm by me or the person who might use my firearm.
- I am an experienced firearm user and/or competition shooter. I have experience in firing the type of firearm typically used in this NALRSA event or competition. I fully appreciate the high risks, hazards and dangers of using and firing these types of firearms in these events and competitions, and I assume such risks. I have not been induced by anyone to participate in this NALRSA event or competition. I have requested the right to participate in this NALRSA event or competition, and I do so voluntarily in spite of the risks. I understand that participation in this NALRSA event or competition may require good physical conditioning and a degree of skill and knowledge. I have the necessary physical conditioning and the degree of skill and knowledge required for me to engage in these activities safely.
- I am aware that the NALRSA event or competition is located in a semi-remote area of the state and that medical treatment and facilities are not readily accessible and that in the event of injury or illness, I will not have immediate access to medical or professional care and that I would have to transport myself or find someone to transport me to the nearest physician, hospital, or clinic. Furthermore, if I am on medication or if I need medication, NALRSA shall not be responsible for providing medication or transportation to get medication. Also, NALRSA is not responsible for transporting me to a physician, hospital, clinic, or pharmacy that might provide me with medicine or treatment.
- I agree not to consume alcoholic beverages, or other drugs, before participating or during participation, in the above mentioned activities and I agree to remain in a sober state during the activities.
- The activity, event, or competition I am participating in is controlled, operated, or sponsored by the North American Long Range Shooting Association, LLC. The NALRSA’s offices are within the State of Texas, United States of America. Participation in this event and the execution of this form constitutes a contractual agreement with the North American Long Range Shooting Association, LLC and is governed by this Agreement. The parties agree that this Agreement is made and is performable in Brazos County, Texas and that exclusive venue for all disputes and litigation arising out of or in connection with this Agreement shall be in the state or federal courts located in Brazos County, Texas, and that both parties hereby consent and submit to the personal jurisdiction of such courts. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law or your actual state or country of residence, or the location of the shooting event or competition. Any party who unsuccessfully challenges the enforceability of this forum selection clause shall reimburse the prevailing party for its attorney’s fees, and the party prevailing in any such dispute shall be awarded its attorney’s fees. The parties to this Agreement agree that the North American Long Range Shooting Association, LLC has in no way purposefully availed itself to the jurisdiction of your actual state or country of residence.
- I shall be liable and responsible for, and I HEREBY AGREE TO indemnify SAVE, defend NALRSA, ITS employees and agents, MEMBERS, OWNERS, DIRECTORS, OFFICERS, VOLUNTEERS, families, INSURERS, INVITEES, GUESTS, successors and assigns, and hold them harmless from any claim, demand, liability or cause of action arising out of my negligence, gross negligence, negligence per se, strict liability or any other acts, omissions or errors while PARTICIPATING IN, OR WHILE IN ATTENDANCE AT, NALRSA’S EVENTS, COMPEITITONS, OR ACTIVITIES, or going to and from NALRSA’S EVENTS, COMPETITIONS, OR ACTIVITIES, or which may arise out of my use of any firearm, equipment, AMMUNITION, vehicle, SHOOTING RANGE FACILITY, ALL-TERRAIN VEHICLE, or my consumption of any food, drink OR alcoholic beverage. I AGREE TO INDEMNIFY NALRSA AS STATED ABOVE regardless and irrespective of whether such liability results from the negligence, NEGLIGENCE PER SE, STRICT LIABILITY, gross negligence or misconduct of NALRSA, ITS EMPLOYEES AND AGENTS, MEMBERS, OWNERS, DIRECTORS, OFFICERS, VOLUNTEERS, FAMILIES, INSURERS, INVITEES, GUESTS, SUCCESSORS AND ASSIGNS.
- I AM VOLUNTARILY PARTICIPATING IN THE ABOVE MENTIONED ACTIVITIES WITH FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS, AND DANGERS INVOLVED AND HEREBY ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY, PARALYSIS, OR DEATH.
- I acknowledge that I have read this document and I fully understand that I am executing a full Release, Waiver, Indemnification and Hold Harmless Agreement.