1. I understand that shooting and/or firearms training and practice programs are HAZARDOUS AND POTENTIALLY DANGEROUS ACTIVITIES. This agreement prevents me, my heirs, family members, assigns and or legal representatives from recovering or bringing a claim against MSGC in the event of any injury or death, for whatever reason, including but not limited to malfunction of a rented firearm or ammunition, negligence of an instructor, malfeasance of a customer, or negligence of a customer.
Acknow
2. VOLUNTARY PARTICIPATION: - I certify that I am eighteen (18) years or older, and I hereby state that I have voluntarily requested to participate in Firearms related Activity at MSGC, knowing and understanding fully, the inherent dangers of the activity, and assuming all risk thereof
3. I have either read the MSGC Range Rules, a copy of which has been given to me by MSGC, or am shooting with an instructor or member who has explained them. I understand these Range Rules may be amended from time to time and that I am responsible for reviewing the posted Range Rules when I use the MSGC Facilities. I verify that, before using the Facilities, I have taken the MSGC test. I agree to obey and comply with the Range Rules, general policies and rules of operation and administration of MSGC.
4. I am familiar with and understand the operation of each firearm (rifle, handgun, shotgun) which I will use at MSGC. The word "operation" includes the safe handling, loading and unloading procedures, and safety mechanisms and features of each firearm. If this is not the case, I am attending with a member, range certified party, or instructor that will supervise my safe operation of each firearm used.
5. I understand that MSGC only allows the use of newly manufactured commercial ammunition at all times on MSGC ranges and prohibits RELOADED ammunition. I accept full and complete responsibility for the inherent risks resulting from my and anyone else’s use of reloads or handloads, including all responsibility for personal injuries to myself and anyone else and realize that firing such reloaded ammunition is a VIOLATION of the range rules. I also agree to thoroughly check to be sure I am using the correct ammunition at all times
6. I agree that prior to participating in or observing any shooting activities, I will inspect the Facilities, firearms and ammunition to be used and, if I believe anything is unsafe for any reason, I will so advise a Range Officer and will leave the unsafe portion of the Facilities immediately.
7. I acknowledge and fully understand that I and all others engaged in shooting, coaching, observing or training with firearms at MSGC will be engaged in activities that involve inherent risks of serious personal injury including disability or death and severe social and economic losses which might result from my actions or inactions or the actions or inactions of others; such risks include but are not limited to: a. my failure to abide by firearms safety rules or to properly handle or use firearms or ammunition; b. the failure of others to abide by firearms safety rules or to properly handle or use firearms or ammunition; c. the characteristics, including the design, manufacturing or other defects, of any firearm or ammunition being used by myself or others at MSGC; d. the characteristics, including the design, construction, and maintenance, of MSGC’s Facilities including, but not limited to, the multiple firing point ranges; and e. the inability of MSGC personnel (including Range Officers) to, at all times, monitor or supervise MSGC members, their guests, hourly fee users and others using the MSGC Facilities including said ranges.
8. I recognize that I may be expelled from the Facilities for violation of the Range Rules or for behavior deemed unsafe by MSGC personnel. I agree that MSCG can terminate and revoke my membership or certification at their discretion, for any reason, at any time. Decisions regarding expulsion are final.
9. I accept full responsibility for any damage or destruction I cause to MSGC property, whether accidental, negligent, willful or otherwise. MSGC property includes, but is not limited to, the facility, range equipment, target frames, target supports or mechanisms, firearms, signs, and all equipment, electrical and otherwise. MSGC reserves the right to recover from me a reasonable charge for any such damage and is entitled to recover its costs, including reasonable attorneys’ fees, incurred in bringing any claim for such damage.
10. On behalf of myself, my heirs, executors, administrators and assigns, I hereby assume all risk of personal injury, disability or death. The word "damages" includes, but is not limited to, the incurring of physical and emotional injury of any kind, loss of physical function, ability or capacity, medical expenses, lost wages or income, loss of consortium and any other compensatory damage.
11. On behalf of myself, my heirs, executors, administrators and assigns, I hereby waive, release and discharge MSGC LLC and Mid-State Shooting Sports, LLC (MSGC’s Landlord) and their affiliates, and each of their officers, directors, owners (members), managers, employees, agents, successors and assigns ("Released Parties") from any and all claims, demands, actions or lawsuits seeking damages on account of any personal injury, disability or death occurring to myself or anyone else, caused in whole or in part or alleged to be so caused by the negligence of any of the Released Parties or caused by anyone else.
12. On behalf of myself, my heirs, executors, administrators and assigns, I hereby agree to indemnify and defend the Released Parties from any and all claims, demands, actions or lawsuits for any personal injury, disability or death occurring to myself or any other person which result entirely or in part from the actions, failure to act, or negligence of myself, my guests or minors for whom I am responsible.
13. I agree that this Adult Release, Assumption of Risk and Indemnity Agreement shall be interpreted according to Rhode Island law and that any dispute shall be resolved exclusively in the federal or state courts located in the State of Rhode Island.
14. Membership in the MSGC Training Facility will be available to persons who are legally able to possess a firearm. MSGC Members must be in compliance at all times with all federal, state and local laws and regulations concerning ownership and handling of firearms. Membership will be granted, and may be revoked, at the sole discretion of MSGC.
15. I certify as follows: a. I am not currently on any drugs or medications that have the possibility of impairing my coordination or judgment. b. I am not currently and have never been the subject of a criminal or any other proceeding that prevents me from legally owning, handling or possessing firearms under Rhode Island or Federal law. c. I can lawfully own, handle and possess a firearm. d. All information given in this Application is true and correct to the best of my knowledge. e. I understand that providing incorrect information on this form may result in civil or criminal sanctions against me.
16. I am NOT an unlawful user of, or addicted to, marijuana or any depressant, stimulant, or narcotic drug, prescription or otherwise, or any other controlled substance. I further agree that I will not smoke, take, ingest, or otherwise use any alcohol, drug, prescription or otherwise, that may impair my abilities, either physical, emotional or mental, before or during participation in any activity at MSGC.
17. I am currently not using, on, or addicted to any drug, prescription or otherwise. I understand that any drug or alcohol use that may impair any physical or mental ability is strictly prohibited, and use of any drug, prescription or otherwise will result in my immediate expulsion from the facility and revocation of my range membership or certification, and that any such expulsion and revocation are FINAL.
18. In the event I bring a minor to MSGC, the attached Guardian’s Release, Assumption of Risk and Indemnity Agreement has been signed by the minor’s legal guardian.
19. I recognize the safety of everyone at MSGC is my responsibility and I agree not to cause harm to myself or others at MSGC.
20. I recognize that if I do anything while using the Facilities (including in any of the parking areas of the Facility) to in any way intentionally cause personal injury (including death) to myself or that may intentionally or negligently cause personal injury (including death) to any third party or any property owned by any third party (including MSGC), MSGC shall have the right to bring a claim against me and/or my heirs, executors, administrators and assigns to recover damage caused both to any property of MSGC and to the business of MSGC as a result of such acts.
21. GRANT OF PERMISSION TO TAKE PHOTOGRAPHS, FILM, DIGITAL VIDEO TAPE OR OTHER RECORDING MEDIUM, IMAGES AND PERSONAL AUDIO: I hereby grant permission to MSGC and their employees and agents to take and use photographs, film, digital video tape or other recording medium and visual/audio images of myself or my child for any legal purpose. Visual/audio images include any type of recording, including but not limited to photographs, digital images, drawings, renderings, voices, sounds, video recordings, audio clips or accompanying written descriptions. I waive my and my child’s rights to inspect or approve finished images or electronic matter prior to publication and waive any and all compensation or other remuneration for their use. I further agree that while I am allowed to take and use photographs, film, digital video tape or other recording medium and visual/audio images, I agree that I will not portray MSGC and/or any of employees in an unfavorable light. I further agree that I will use said images and video only for personal use and that commercial use of such images and video is prohibited. I agree that any use of said photos or video in a manner not approved by MSGC shall be removed from whatever forum, publication, or manner at the request of MSGC and that the cost of any potential action arising from said use shall be my sole cost.
22. I understand that there may be minor changes and additions to the Range Safety Rules, and I agree to abide by any changes to said Range Safety Rules. I understand that it is my duty to stay informed of any posted changes to the Range Safety Rules, and that violation of a Rule based on a lack of knowledge of a change still constitutes a Rule violation, and is subject to any of the prior enumerated penalties.
I hereby verify and confirm that I, the actual signer of this Agreement, am and adult over the age of 18 years, that I have read and initialed each of the above terms and conditions, that I understand everything set forth above and that I have knowingly given up substantial legal rights by signing below, which I do voluntarily.
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I HEREBY ACKNOWLEDGE that I have voluntarily applied to enter on to and to engage in or to observe shooting and other activities at the MIDSTATE GUN COMPANY LLC Shooting Range. I further acknowledge and understand that shooting and other activities includes any and all activities of any kind in which I engage or observe while at the RANGE.
I ACKNOWLEDGE AND UNDERSTAND THAT SHOOTING ACTIVITIES ARE INHERENTLY HAZARDOUS and involve both known and unanticipated risks which could result in damage or destruction of property and physical or emotional injury, including paralysis or death, of myself or others. These risks include but are not limited to: being shot by or shooting myself or others; partial or total loss of eyesight or hearing; inhalation or other harmful contact with lead or other contaminants; and being struck by flying or falling objects. I understand that such risks cannot be eliminated without compromising the essential qualities of shooting activities.
I FURTHER ACKNOWLEDGE AND UNDERSTAND THAT the nature and condition of the RANGE facilities, premises and environment is such that both known and unanticipated hazards exist which create and contribute to both known and unanticipated risks inherent in entering on to the RANGE, in using RANGE facilities and in engaging in or observing any activities of any kind whatsoever while at the RANGE. I understand that such hazards and risks cannot be eliminated without compromising the essential qualities of the RANGE facilities, equipment, premises and environment.
I AGREE to abide by all MIDSTATE GUN COMPANY LLC Shooting RANGE rules listed in Midstate Range Rules
I FURTHER ACKNOWLEDGE AND UNDERSTAND THAT MIDSTATE GUN COMPANY LLC has no duty to undertake first aid or rescue operations or procedures in the event any such property damage or physical or emotional injury occurs, and that any such operations or procedures may result in compounding or increasing the damages or injuries.
I FURTHER ACKNOWLEDGE AND UNDERSTAND THAT MIDSTATE GUN COMPANY LLC makes no warranty as to the design, manufacture, maintenance, condition or fitness for any particular purpose of any RANGE facilities or equipment, including, but not limited: firearms, ammunition, eye/hearing protection, and first-aid supplies.
As lawful consideration for being permitted by MIDSTATE GUN COMPANY LLC to enter on the RANGE, to use RANGE facilities or equipment and to engage in or observe shooting and other activities at the RANGE, I agree to the following: I AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS EXISTING ON THE RANGE AND IN ENTERING ON TO THE RANGE AND IN USING RANGE FACILITIES OR EQUIPMENT AND IN ENGAGING IN OR OBSERVING SHOOTING AND OTHER ACTIVITIES AT THE RANGE.
I AGREE that I, my next of kin, heirs, guardians, representatives and assigns HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS MIDSTATE GUN COMPANY LLC from and against any and all claims, demands, damages, expenses, causes of action, attachments of property, or liability of any kind whatsoever, including reasonable attorney fees and costs, that I, my next of kin, heirs, guardians, representatives, or assigns, my guests. or anyone else, may have for property damages, personal injury or death, whether suffered by me. by my guests, or by anyone else, resulting from me or my guests entering on to the RANGE, using RANGE facilities or equipment. or engaging in or observing shooting and other activities at the RANGE, even if such claims, demands, damages, expenses, causes of action, attachments to property, or liability result partially or wholly from any act or acts, even any negligent act or omission to act, including negligent or omitted first aid or rescue operations or procedures, by MIDSTATE GUN COMPANY LLC.
I ACKNOWLEDGE AND AGREE that this Agreement shall be interpreted and enforced under the laws of the State of Rhode Island, and that the venue for any action or proceeding shall be the State of Rhode Island, Kent County, without regard for the conflict of law rules of Kent County or the State of Rhode Island.
I ACKNOWLEDGE AND AGREE that this Agreement is intended to be as broad and inclusive as permitted by law and if any provision or portion is held to be invalid, void or otherwise unenforceable, I agree and intend that the remaining provision or portions shall continue and remain in full legal force and effect.
I ACKNOWLEDGE AND AGREE that the intent of this Agreement, as well as any signed written amendments or modifications to it shall remain in full force and effect from the date of execution and ever after and shall be applicable to each and every occasion that I or my Guests enter on to the RANGE, use RANGE facilities or equipment or engage in or observe shooting and other activities at the RANGE.
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I have carefully read this "Acknowledgement of Risk, Release & Indemnity Agreement". No other inducement, assurance or guarantee has been made to me in consideration of my signing this Agreement, which I sign voluntarily and of my own free will. I further acknowledge and agree that this Agreement may be amended or modified only by a writing signed by me and by an authorized agent of MIDSTATE GUN COMPANY LLC. I UNDERSTAND THAT BY SUBMITING THIS WAIVER I AM GIVING UP SUBSTANTIAL RIGHTS, THAT I AM AGREEING NOT TO SUE MIDSTATE GUN COMPANY LLC AND RELEASING AND HOLDING HARMLESS MIDSTATE GUN COMPANY LLC. By submitting this waiver, I acknowledge that I have read and understood the terms and conditions. I affirm that the information provided is true and accurate, and I understand the legal consequences of providing false information.
This form contains a release and waiver of claims, which, when signed, contractually waives any claims against Mid-State Gun Company, LLC (hereinafter referred to as "MSG"), their staff, agents, volunteers, and partners, as well as their heirs and assigns, that may arise in connection with your minor child/ward's participation in activities at any MSG shooting range. Please read it carefully before signing your name.
In consideration of the opportunity afforded to my minor child/ward to participate in activities at the MSG shooting range, I, the undersigned, on behalf of my child/ward named herein, freely subscribe to the following contractual obligations:
I,
on behalf of my child/ward named below, fully understand the risks associated with participation in shooting sports at MSG's shooting range and do hereby, for my minor child/ward's heirs, executors, and assigns, knowingly, freely, and voluntarily assume all risks and liability for any damage or injury to person or property that may occur as a result of my child/ward's participation in activities at MSG's shooting range.
I hereby release, discharge, and covenant not to sue MSG, their staff, agents, volunteers, and partners, and hereby waive and discharge all claims for damages that my minor child/ward or I might have against Mid-State Gun Company, LLC, their staff, agents, volunteers, and partners, and its officers, employees, agents, volunteers, heirs, and assigns for any reason, including MSG's negligence. I further agree to indemnify and hold MSG, their staff, agents, volunteers, and partners, heirs, and assigns harmless from and against any and all claims, damages, and judgments, of whatever nature, including attorney fees, that may be asserted or entered against any of them in connection with my minor child/ward’s participation in any activity at any MSG shooting range.
NOTICE TO THE MINOR CHILD'S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF MID-STATE GUN COMPANY, LLC, THEIR STAFF, AGENTS, VOLUNTEERS, AND PARTNERS USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM MID-STATE GUN COMPANY, LLC, THEIR STAFF, AGENTS, VOLUNTEERS, AND PARTNERS IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND MID-STATE GUN COMPANY, LLC, HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
Name of Minor Child/ward:
Name of Parent/Guardian:
Child's Date of Birth:
Parent/Guardian e-mail:
date filled in:
Please check your e-mail and print the email for notarization in the range.
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