Liability Waiver Agreement
SHOOTERS GAUNTLET, LLC c/o Prince Law Offices, P.C.
646 Lenape Rd Bechtelsville, PA 19505
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 property, or any other legal claim that is cognizable in a state or federal court of law, regardless of whether related to Participant / Guest / Observer’s participation in activities offered by or use of or being on the Property of Shooters Gauntlet, LLC.
b. Limitations: physical, mental, emotional or other limitations, disabilities, illnesses, injuries or conditions.
c. Minor Child / Ward: Any minor, who is under the charge, care, or protection of a Participant / Guest / Observer, and includes that minor’s parents, estate, heirs, successors and assigns.
d. Participant / Guest / Observer: Any individual, whether a participant, guest or observer of Shooters Gauntlet, LLC, including, but not limited to, participants, guests, observers, event coordinators, range officers, instructors, shooters, role players, volunteers, or any other person, regardless of age, granted permission to participate in activities, observe activities or use or otherwise be on the Property of Shooters Gauntlet, LLC.
e. Property: Any property of any form, tangible or intangible, including real estate, buildings, erections, Range, goods, products, firearms, ammunition, or any object owned, leased or rented, whether wholly or partially, by Shooters Gauntlet, LLC.
f. Range: any and all shooting, training and practice ranges, including, but not limited to, firing ranges, tactical/dynamic ranges, virtual ranges and simulators, combatives training range and shoot house, whether used for lethal, non-lethal or virtual fire or training, in any capacity.
g. Shooters Gauntlet, LLC or SG: Shooters Gauntlet, LLC, Stone Mountain Tactical, LLC, and Stone Mountain Resort, LLC and their respective officers, officials, directors, members, owners, shareholders, employees, representatives, agents, event and stage coordinators and designers, training personnel and directors, role-players, firearm and safety instructors, volunteers, attorneys and law firms (including, but not limited to, Prince Law Offices, P.C., Civil Rights Defense Firm, P.C., and Joshua Prince, Esq.), insurers, sponsors, vendors, lessors, renters and any legal entity having any interest or right in any Property utilized by Shooters Gauntlet, LLC.
2. Agreement to Follow All Safety Rules and Directions: In consideration for me being permitted to be a Participant / Guest / Observer and have use of the Property of the Shooters Gauntlet, LLC, I (Participant / Guest / Observer), 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 Shooters Gauntlet, LLC as well as, all applicable state and federal laws regarding possession, transport, and transportation of firearms and ammunition and explosives. I further agree that if I observe any safety violation by anyone (employee, participant, guest, observer, or other person), or any unsafe condition of any kind, I will IMMEDIATELY call it to Shooters Gauntlet LLC’s attention by contacting an employee of Shooter Gauntlet, LLC. I further agree that Shooters Gauntlet, LLC may terminate my use of their Property at any time if I violate any safety rule, procedure or direction, in which case any fees I have 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 am not under the influence of alcohol or any lawful drug that may impair my abilities and I have not consumed any alcohol or lawful drug that may impair my abilities within the last eight (8) hours.
g. I have never been adjudicated mentally defective or committed to a mental institution.
h. I have never been dishonorably discharged from the Armed Forces.
i. 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.
j. I have never been convicted in any court of a misdemeanor crime of domestic violence.
k. I have never renounced my United States citizenship.
l. I am not an alien illegally in the United States.
m. I have no unlawful, illegal, wrongful or otherwise deceitful intentions in executing this Agreement or in utilizing Shooters Gauntlet, LLC’s Property or participating in activities at Shooters Gauntlet, LLC.
4. Advice and Training: I understand that any training, guidance, advice, or suggestions of Shooters Gauntlet, LLC shall not be construed as legal advice, including on whether any particular action or inaction is justified or lawful under the law. I agree to seek out competent legal advice for all legal questions and not rely on any statements made by Shooters Gauntlet, LLC.
5. Release of My Image, Likeness, and Auditory Communications: I understand that my activities, including auditory communications, on Shooters Gauntlet, LLC’s Property may be photographed, videotaped and/or otherwise captured electronically by Shooters Gauntlet, LLC. I hereby grant Shooters Gauntlet, LLC 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 purposes or otherwise promoting of Shooters Gauntlet, LLC’s purposes. This use includes publishing in magazines, advertising, videos, internet websites, social media 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, likeness or communications, as described above. All photographs, videos, or other electronically captured media, including auditorily, taken at or in Shooters Gauntlet, LLC’s Property remain the property of Shooters Gauntlet, LLC, and may not be used or reproduced without the express written permission of Robert (Bob) Raimo of Shooters Gauntlet, LLC.
6. Auditory Recordings: I understand that my auditory communications on Shooters Gauntlet, LLC’s Property may be recorded and grant permission to Shooters Gauntlet, LLC to record all of my auditory communications.
7. Assumption of Risk: I understand that my being a Participant / Guest / Observer of Shooters Gauntlet, LLC or my use of or being on Shooters Gauntlet, LLC’s Property involves numerous serious risks, including the risk of death, serious and non-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 bruised, cut, scratched, hit, kicked, punched kneed, elbowed or otherwise physically injured in any form; 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; improper installation or attachment of protective equipment; risk of firearms or ammunition exploding or bursting; non-lethal rounds causing injury, including serious, and non-serious bodily injury and death; live ammunition in advertently being used instead of non-lethal rounds; risk of my falling, slipping, tripping or stumbling anywhere on Shooters Gauntlet, LLC’s 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 or being on Shooters Gauntlet, LLC’s Property and participation in or observation of the associated activities; risk of my suffering injuries, death, or destruction of my property from wildlife; risks of emotional and psychological injury; and other risks too varied and numerous to specify. By willingly, knowingly and voluntarily being a Participant / Guest / Observer of Shooters Gauntlet, LLC, I hereby ASSUME ALL RISKS involved, including EVEN THOSE, WHICH MAY BE CAUSED BY THE NEGLIGENCE OR CLAIMED NEGLIGENCE OF SHOOTERS GAUNTLET, LLC.
8. Release: I further agree to RELEASE Shooters Gauntlet, LLC from LIABILITY for any and all CLAIMS which may result from, or are in any way related to, Shooters Gauntlet, LLC or its Property. I agree to RELEASE Shooters Gauntlet, LLC from LIABILITY for any and all CLAIMS, even if caused by the NEGLIGENCE or CLAIMED NEGLIGENCE of Shooters Gauntlet, LLC.
9. Indemnity Agreement: I further agree to INDEMNIFY and DEFEND Shooters Gauntlet, LLC AND HOLD Shooters Gauntlet, LLC HARMLESS from any CLAIMS, whether brought by or on behalf of me, or brought by another, including, but not limited to, a spouse, child, other relative or other Participant / Guest / Observer, as a result of, but not limited to, actual or claimed negligence or other improper conduct. I also agree to be responsible for all attorney fees and costs incurred by Shooters Gauntlet, LLC in having to enforce and/or defend this Agreement.
10. General Conditions:
a. I agree that all matters arising out of or anyway relating to this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to its conflicts of law provisions. Any claim or cause of action arising in connection with this Agreement may only be brought in the Court of Common Pleas of Bradford County, Pennsylvania.
b. 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.
c. I declare that this Agreement and, if applicable, my Membership Application contain the total agreement and understanding between myself, my child (if any) and Shooters Gauntlet, LLC with regard to the subject matter hereof, that there exist no other promises, representations, terms, conditions, agreements or courses of dealing not contained herein or within the Membership Application. 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 (Bob) Raimo of Shooters Gauntlet, LLC.
d. I declare that my, and my minor child’s (if any), being a Participant / Guest / Observer of Shooters Gauntlet, LLC and use of or otherwise being on Shooters Gauntlet, LLC’s Property is purely voluntary, and that I am compelled neither to participate in, attend, or observe Shooters Gauntlet, LLC’s training or use Shooters Gauntlet, LLC’s Property 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) Advice and Training, (5) Release of My Image and Likeness, (6) Auditory Recordings, (7) Assumption of Risk, (8) Release, (9) Indemnity Agreement, and (10) General Conditions, and that by signing it, I expressly intend to be legally bound, as well as to bind my spouse, children, relatives, estate, heirs, successors and assigns. I further agree that this Agreement shall remain in force indefinitely.