Exhibitor & Machine Gunner Waiver
VENDOR ACKNOWLEDGEMENT AND AGREEMENT, NON-PROHIBITED PERSON DECLARATION, RELEASE OF IMAGE AND LIKENESS, ASSUMPTION OF RISK, RELEASE OF LIABILITY, HOLD HARMLESS AGREEMENT, AND INDEMNITY AGREEMENT
IMPORTANT! This is a binding legal Agreement. Read it CAREFULLY before signing. By signing this Agreement, you are giving up important legal rights.
a. Claims: any and all legal claims, lawsuits, causes of action, damages, expenses, injuries or costs. This includes, but is not limited to, claims for intentional acts, negligence, nuisance, noise, damage/theft/loss/destruction of personal and business property, or any other legal claim that is cognizable in a state or federal court of law, regardless of whether related to your participation in or use of the property of Sponsors.
b. Company / Organization: any and all corporate or organizational entities acknowledged by the Commonwealth of Pennsylvania or any other state as having some business or charitable purpose, including, but not limited to, any partnership, limited liability company, corporation, fictitious entity or individual, which are involved in, associated with or represent the Firearm, Ammunition or Explosive Industries, whether foreign or domestic.
c. Employees: All individuals employed by, acting on behalf of, or any agent of any Company / Organization, regardless of actual title, including, but not limited to, officers, officials, directors, members, owners, shareholders, employees, agents, attorneys, insurers, and representatives.
d. Event: The Stone Mountain Machine Gun Shoot on September 1, 2018.
e. Limitations: physical, mental, emotional or other limitations, disabilities, illnesses, injuries or conditions.
f. Participant / Guest: Any individual, whether a participant or a guest of Sponsors, including, but not limited to, members, non-members, event coordinators, observers, range officers, instructors, shooters, or any other person, regardless of age, granted permission to be on or use the property of Sponsors.
g. Sponsors: Shooters Gauntlet, LLC, Stone Mountain Tactical, LLC, Stone Mountain Resort, LLC, and all Vendors at the Event, and their respective officers, officials, directors, members, owners, shareholders, employees, agents, attorneys, insurers, representatives, event and stage coordinators and designers, match personnel and directors, and firearm instructors of any form, including, but not limited to, CMP, IDPA, IPSC and NRA instructors and range and firearm safety officers.
h. Vendors: Any Company / Organization offering any tangible or intangible good to any Participant attending the Event. This includes, but is not limited to, all firearm, ammunition, explosive and target manufacturers, dealers, importers, training companies, and those, in any context, which are involved in, associated with or represent the Firearm, Ammunition or Explosive Industries, whether foreign or domestic.
2. Vendor Acknowledgment and Agreement: In consideration for my Company / Organization being permitted to be a Vendor and have access to and being permitted to use the property of Sponsors as a Vendor, I, _______________________ (authorized individual for Company / Organization) on behalf of my Company / Organization, _______________________ (Vendor) hereby declared that I have legal authority to bind my Company / Organization, hereby do so and agree that my Company / Organization will be solely responsible for any and all insurance, collection and submission of taxes or other requirements of the Commonwealth of Pennsylvania in relation to conducting business. I understand that all Employees of my Company / Organization will be responsible for executing a similar waiver for themselves, in order for them to have any access to the property of Sponsors.
3. Agreement to Follow All Safety Rules and Directions: By signing this Agreement as a Vendor, my Company / Organization AGREES TO FOLLOW AND COMPLY WITH the written safety rules provided to me with this Agreement, as well as all safety rules, range procedures, and directions, whether written or oral, of Sponsors. My Company / Organization further agrees that if any safety violation by anyone (participant, guest, non-participant, observer, or other person), or any unsafe condition of any kind, is observed, my Company / Organization will IMMEDIATELY call it to Sponsors’ attention by contacting the nearest Range Safety Officer. I further agree that my Company / Organization’s participation in or attendance at the Event may be terminated at any time by Sponsors, if my Company / Organization violates any safety rule, procedure or direction, in which case, any fees paid will not be refunded.
4. Non-Prohibited Person Declaration: By signing this Agreement, my Company / Organization declares, pursuant to 18 PA.C.S. § 4903 – False Swearing, to the best of its knowledge, information and belief that it and all employees that will attend the event:
a. If a person, are over eighteen (18) years of age.
b. Are not currently under indictment or information in any court of a crime that could be punished by more than one year in jail.
c. Have never been convicted in any court of a crime that could have been punished by more than one year in jail, regardless of the actual sentence imposed.
d. Are not a fugitive from justice.
e. Are not unlawful users of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance or otherwise involved in the production or distribution of any unlawful drug.
f. If a person, have never been adjudicated mentally defective or committed to a mental institution.
g. If a person, have never been dishonorably discharged from the Armed Forces.
h. If a person, are not subject to a court order restraining him/her from harassing, stalking, or threatening his/her child or an intimate partner or child of such a partner.
i. If a person, have never been convicted in any court of a misdemeanor crime of domestic violence.
j. If a person, have never renounced my United States citizenship.
k. If a person, are not an alien illegally in the United States.
l. Have no unlawful, illegal, wrongful or otherwise deceitful intentions in executing this Agreement or in participating in activities during the Event of Sponsors.
5. Release of Image, Likeness, and Auditory Communications: My Company / Organization understands that its activities, including auditory communications, during the Event may be photographed, videotaped and/or otherwise captured electronically by Sponsors. My Company / Organization hereby grants Firearms Industry Consulting Group and Shooters Gauntlet, LLC, all rights to use its image, likeness, and auditory communications for the purpose of advertising or otherwise promoting its purpose. My Company / Organization understands that use of its image, likeness, and auditory communications will be for advertising or otherwise promoting of Sponsors’ purposes. This use includes publishing in magazines, advertisements, videos, internet websites or other means, as long as it is not altered to show other than actual activities in a way that could be harmful to its character. All publications will be done tastefully and with integrity. My Company / Organization FORFEITS any and all rights to any CLAIMS relating to the use of its image or likeness, as described above. All photographs, videos, or other electronically captured media taken during the Event remain the property of Firearms Industry Consulting Group and Shooters Gauntlet, LLC, and may not be used or reproduced without the express written permission of Firearms Industry Consulting Group and Shooters Gauntlet, LLC.
6. Assumption of Risk: My Company / Organization understands that my becoming a Vendor of the Event and/or use of Sponsors’ property as a Vendor involves numerous serious risks, including the risk of death, serious physical injury and property damage. These risks involve, but are not limited to, the risk of injury by: being shot; being injured by ricochet bullets or fragments, splatter or splashback from targets, target frames or the range backstop; malfunctioning or improperly designed activity and range equipment or props; risk of firearms, ammunition or explosives exploding or bursting; risk of falling, slipping, tripping or stumbling anywhere on Sponsors’ property; risk of suffering serious eye injury or blindness, hearing loss or deafness, brain damage, lead poisoning, broken bones, paralysis, sprains, strains, and other injuries resulting from use of Sponsors’ property and the associated activities; risk of suffering injuries or destruction of property from wildlife; risks of emotional and psychological injury; risk of damage, theft, loss or destruction of personal and business property, including, but not limited to, firearms, ammunition, displays, tables, vehicles and all other tangible items of the Company / Organization; and other risks too varied and numerous to specify. By willingly, knowingly and voluntarily becoming a Vendor of the Event or otherwise being permitted to use the property and ranges of Sponsors, my Company / Organization hereby ASSUMES ALL RISKS involved, including EVEN THOSE, WHICH MAY BE CAUSED BY THE NEGLIGENCE OR CLAIMED NEGLIGENCE OF SPONSORS.
7. Release: My Company / Organization further agrees to RELEASE Sponsors from LIABILITY for any and all CLAIMS, which may result from, or are in any way related to, Sponsors, their respective property, or the Event. My Company / Organization agrees to RELEASE Sponsors from LIABILITY for any and all CLAIMS, even if caused by the NEGLIGENCE or CLAIMED NEGLIGENCE of Sponsors, or CLAIMS not related to my use of the Sponsors’ property, including for noise and nuisance.
8. Indemnity Agreement: My Company / Organization further agrees to INDEMNIFY and DEFEND Sponsors AND HOLD Sponsors HARMLESS from any CLAIMS, whether brought by or on behalf of it, its employees, or brought by another as a result of its actual or claimed negligence or other improper conduct.
9. General Conditions:
a. To the extent that any provision of this Agreement is held to conflict with or be unenforceable under applicable law, my Company / Organization agrees that this Agreement shall be modified by the Court to the least extent possible to render it enforceable, and shall be enforced as so modified.
b. My Company / Organization declares that this Agreement contains the total agreement and understanding between it and Sponsors with regard to the subject matter hereof and that there exist no other promises, representations, terms, conditions, agreements or courses of dealing not contained herein. My Company / Organization further declares and agrees that, in any event, this Agreement supersedes any such promises, agreements, etc. in the event they ever occurred. This Agreement may not be amended or changed except in writing signed by the President of Shooters Gauntlet, LLC, Robert Raimo, and Chief Counsel of the Firearms Industry Consulting Group, Joshua Prince, Esq
c. I declare that my Company / Organization’s participation in the Event or use of Sponsors’ property and ranges is purely voluntary, and that it is compelled neither to participate in the Event nor to execute this Agreement.
WHEREFORE, I HEREBY ACKNOWLEDGE AND AGREE BY MY SIGNATURE BELOW that I have read and understood this Agreement, including the within (1) Terms, (2) Vendor Acknowledgment and Agreement, (3) Agreement to Follow All Safety Rules and Directions, (4) Non-Prohibited Person Declaration, (5) Release of Image and Likeness, (6) Assumption of Risk, (7) Release, (8) Indemnity Agreement, and (9) General Conditions, and that by signing it, my Company / Organization expressly intends to be legally bound, as well as to bind its employee, owners and members. I further agree that this Agreement shall remain in force indefinitely.