UTAH SHOOTERS, LLC
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK,
INDEMNITY AGREEMENT (“AGREEMENT”)
Any and all visitors, guests, attendees and users of (i) the shooting range ran by UTAH SHOOTERS, LLC) and of (ii) the services provided by UTAH SHOOTERS, LLC shall execute this Agreement providing for the waiver and release of liability, assumption of risk, and indemnification of UTAH SHOOTERS, LLC, land owners of the premises, lessees and sublessees of premises, marketing or promotions companies, consultants, contractors, service providers and their respective affiliates, officers, directors, shareholders, members, managers, agents or employees, and their successors and assigns (collectively, “RELEASEES”), in the following form:
The individual named below (referred to as “I” or “me”), or the parent/guardian of registered participant, hereby understands, acknowledges and agrees that the services and activities provided by UTAH SHOOTERS, LLC are inherently dangerous activities. The services and activities provided by UTAH SHOOTERS, LLC include, but are not limited to, handling, using, and being in the vicinity of firearms, including the loading and unloading of firearms, firing of live ammunition and observing individuals discharging firearms, and any other service or activity provided by UTAH SHOOTERS, LLC or related to these activities or the instruction or administration of these activities.
I hereby understand, acknowledge, and agree that my participation in these services and activities provided by UTAH SHOOTERS, LLC may pose a variety of hazards and risks both known and unforeseen, which could result in damage or destruction of personal property and physical or emotional injury, including paralysis or death and partial or total loss of limbs, eyesight or hearing. I understand that these risks include, but are not limited to, serious or potentially fatal injury from the use of firearms and/or related equipment, inhalation or other harmful contact with lead or other contaminants. I acknowledge that such hazards and risks cannot be eliminated without compromising the essential qualities of the activity and services provided by UTAH SHOOTERS, LLC.
I hereby release, waive, and discharge UTAH SHOOTERS, LLC and RELEASEES (to include owners and staff) from any and all liability, claims, demands, actions, and causes of action whatsoever, to the fullest extent allowed by law, arising out of or related to any loss, damage, and/or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in such activity, while in, on or upon the premises where the activities are being conducted, REGARDLESS OF WHETHER SUCH LOSS, DAMAGE AND/OR INJURY IS CAUSED BY THE NEGLIGENCE OR CARELESSNESS OF UTAH SHOOTERS, LLC OR RELEASEES, OR FROM DANGEROUS OR DEFECTIVE PROPERTY OWNED, CONTROLLED, USED OR MAINTAINED BY THEM or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise.
I hereby specifically agree not to sue UTAH SHOOTERS, LLC or RELEASEES (to include owners and staff) for any injuries or damages that I might receive or incur from my participation in any activity involving shooting, including any preliminary and subsequent training, instruction, or preparation, REGARDLESS OF WHETHER SUCH LOSS, DAMAGE AND/OR INJURY IS CAUSED BY THE NEGLIGENCE OR CARELESSNESS OF UTAH SHOOTERS, LLC OR RELEASEES (TO INCLUDE, OR FROM DANGEROUS OR DEFECTIVE PROPERTY OWNED, CONTROLLED, USED OR MAINTAINED BY THEM, OR OTHERWISE.
I am fully aware of the risks and hazards connected with the activities and services of UTAH SHOOTERS, LLC, and I am aware that such activities include the risk of injury and even death, and I hereby elect to voluntarily participate in said activities, knowing that the activities may be hazardous to my property and me. I understand that UTAH SHOOTERS, LLC does not require me to participate in this activity. I voluntarily assume full responsibility, including financial responsibility, for any risks of loss, property damage, and/or personal injury, including death, that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in the activities described herein. I understand and I have considered the risks involved, and I voluntarily and freely choose to assume these risks.
I hereby acknowledge that I have read and agree to abide by the rules and regulations pertaining to the activities and use of services and equipment provided by UTAH SHOOTERS, LLC (to include owners and staff).
I hereby pre-authorize UTAH SHOOTERS, LLC and their representatives to arrange for emergency medical treatment and/or ambulance or helicopter transport on my behalf if medical attention is warranted while preparing to participate or participating in this activity. I understand and agree that I will be responsible for the costs associated with any such emergency medical care and/or transport arranged on my behalf.
I shall defend, indemnify and hold harmless UTAH SHOOTERS, LLC and RELEASEES (to include owners and staff) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, incurred by/awarded against indemnified party in a final, non- appealable judgment, arising out or resulting from any claim of a third party related to my participation in the activities described herein.
I hereby expressly intend that this Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a release, waiver, discharge, and covenant not to sue UTAH SHOOTERS, LLC or RELEASEES (to include owners and staff). I hereby further agree that this Agreement shall be construed in accordance with the laws of the State of UTAH and that any mediation, suit, or other proceeding must be filed or entered into only in UTAH and the federal or state courts of UTAH. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions.
I am at least 18 years of age or older, or the parent/guardian of registered participant and have read this Agreement carefully, understand its terms and conditions, and acknowledge and intend my signature to serve as confirmation of my complete and unconditional acceptance of the terms and conditions of this agreement. I understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance, no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made. I intend my signature to be an unconditional release of all liability to the greatest extent allowed by law.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE UTAH SHOOTERS, LLC and RELEASEES.