General Admission Waiver
NON-PROHIBITED PERSON DECLARATION, RELEASE OF IMAGE AND LIKENESS, ASSUMPTION OF RISK, RELEASE OF LIABILITY, HOLD HARMLESS AGREEMENT, INDEMNITY AGREEMENT, and HEALTH CONDITION DECLARATION
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 and/or Vendors.
b. Company / Organization: any and all corporate or organizational entities acknowledged by the Commonwealth of Pennsylvania 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. Event: The Stone Mountain Machine Gun Shoot on September 1, 2018.
d. Limitations: physical, mental, emotional or other limitations, disabilities, illnesses, injuries or conditions.
e. 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.
f. 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.
g. 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. Agreement to Follow All Safety Rules and Directions: In consideration for me being permitted to be a Participant / Guest and have use of the ranges and property of SPONSORS and VENDORS or my being permitted to use SPONSORS’ and/or VENDORS’ property and ranges, I, _______________________ (Participant / Guest) hereby AGREE 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. I further agree that if I observe any safety violation by anyone (member, participant, non-participant, guest, observer, or other person), or any unsafe condition of any kind, I will IMMEDIATELY call it to SPONSORS’ attention by contacting the nearest Range Safety Officer. I further agree that my participation in or attendance at the SPONSORS’ EVENT may be terminated at any time by SPONSORS, if I violate any safety rule, procedure or direction, in which case, any fees paid will not be refunded to me.
3. Non-Prohibited Person Declaration: By signing this Agreement, I declare, pursuant to 18 PA.C.S. § 4903 – False Swearing, to the best of my knowledge, information and belief that:
a. I am over eighteen (18) years of age, or if under 18, my parent(s) or guardian(s) signing this form are over eighteen (18) years of age.
b. I am not currently under indictment or information in any court of a crime that could be punished by more than one year in jail.
c. I 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. I am not a fugitive from justice.
e. I am not an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance.
f. I have never been adjudicated mentally defective or committed to a mental institution.
g. I have never been dishonorably discharged from the Armed Forces.
h. I am not subject to a court order restraining me from harassing, stalking, or threatening my child or an intimate partner or child of such a partner.
i. I have never been convicted in any court of a misdemeanor crime of domestic violence.
j. I have never renounced my United States citizenship.
k. I am not an alien illegally in the United States.
l. I have no unlawful, illegal, wrongful or otherwise deceitful intentions in executing this Agreement or in participating in activities offered by SPONSORS.
4. Release of My Image, Likeness, and Auditory Communications: I understand that my activities, including auditory communications, at SPONSORS’ EVENT may be photographed, videotaped and/or otherwise captured electronically by SPONSORS. I hereby grant SPONSORS all rights to use my image, likeness, and auditory communications for the purpose of advertising or otherwise promoting its purpose. I understand that use of my 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 my character. All publications will be done tastefully and with integrity. I FORFEIT any and all rights to any CLAIMS relating to the use of my image or likeness, as described above. All photographs, videos, or other electronically captured media taken at SPONSORS’ EVENT remain the property of SPONSORS, and may not be used or reproduced without the express written permission of SPONSORS.
5. Assumption of Risk: I understand that my being a Participant / Guest of SPONSORS and VENDORS and/or use of SPONSORS’ and/or VENDORS’ property as a Participant or Guest 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 that I may be injured by: shooting myself or being shot by someone else; 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 or ammunition exploding or bursting; risk of my falling, slipping, tripping or stumbling anywhere on SPONSORS’ property; risk of my 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 my suffering injuries or destruction of my property from wildlife; risks of emotional and psychological injury; risk of damage or destruction of my personal property, including my vehicle; and other risks too varied and numerous to specify. By willingly, knowingly and voluntarily being a Participant / Guest of SPONSORS’ EVENT or otherwise being permitted to use the property and ranges of SPONSORS and/or VENDORS, I hereby ASSUME ALL RISKS involved, including EVEN THOSE, WHICH MAY BE CAUSED BY THE NEGLIGENCE OR CLAIMED NEGLIGENCE OF SPONSORS and VENDORS.
6. Release: I further agree to RELEASE SPONSORS and VENDORS from LIABILITY for any and all CLAIMS, which may result from, or are in any way related to, SPONSORS and VENDORS or their respective property. I agree to RELEASE SPONSORS and VENDORS from LIABILITY for any and all CLAIMS, even if caused by the NEGLIGENCE or CLAIMED NEGLIGENCE of SPONSORS and/or VENDORS, or CLAIMS not related to my use of the SPONSORS’ and/or VENDORS’ property, including for noise and nuisance.
7. Indemnity Agreement: I further agree to INDEMNIFY and DEFEND SPONSORS and VENDORS AND HOLD SPONSORS and VENDORS HARMLESS from any CLAIMS, whether brought by or on behalf of me, or brought by another as a result of my actual or claimed negligence or other improper conduct.
8. General Conditions:
a. To the extent that any provision of this Agreement is held to conflict with or be unenforceable under applicable law, I agree 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. I declare that this Agreement contain the total agreement and understanding between me and SPONSORS with regard to the subject matter hereof, that there exist no other promises, representations, terms, conditions, agreements or courses of dealing not contained herein. I further declare and agree 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 Robert Raimo and Joshua Prince, Esq.
c. I declare that my participation in SPONSORS’ EVENT or use of SPONSORS’ and/or VENDORS’ property and ranges is purely voluntary, and that I am compelled neither to attend SPONSORS’ 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) Agreement to Follow All Safety Rules and Directions, (3) Non-Prohibited Person Declaration, (4) Release of My Image and Likeness, (5) Assumption of Risk, (6) Release, (7) Indemnity Agreement and (8) General Conditions, and that by signing it, I expressly intend to be legally bound, as well as to bind my estate, heirs, successors and assigns. I further agree that this Agreement shall remain in force indefinitely.