Terms and Conditions
BOB’S RANGE
ACKNOWLEDGEMENT OF RISK, RELEASE, WAIVER OF LIABILITY, INDEMNIFICATION AGREEMENT, AND COVENANT NOT TO SUE (“AGREEMENT”)
NOTICE: THIS IS A LEGALLY BINDING AGREEMENT. BY SIGNING THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO BRING A COURT ACTION TO RECOVER COMPENSATION OR OBTAIN ANY OTHER REMEDY FOR INJURIES TO YOURSELF AND/OR YOUR PROPERTY ARISING OUT OF YOUR PRESENCE AT BOB’S RANGE AND/OR ANY FACILITIES OR EQUIPMENT AT THE ABOVE-REFERENCED LOCATION NOW OR ANY TIME IN THE FUTURE.
I hereby acknowledge that I have voluntarily requested to engage in or to observe shooting and / or other activities at the range located at 1650 Mt. Olive School Rd Wimberley, Texas on any date I am present on the premises.
I further acknowledge and understand that “shooting and other activities” includes any and all activities of any kind whatsoever in which I engage or observe while at the range, regardless of whether such activities are sponsored by the host, or any other person or entity.
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 of other persons. The 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, or falling on uneven surfaces. 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 or contribute to both known and unanticipated risks inherent in entering onto the range property, in using the host facilities, and in engaging in or observing any activities of any kind whatsoever while at the range. The hazards include, but are not limited to: slippery, loose or falling soil and rocks; unimproved, unmaintained, or uneven terrain, walkways, steps, and roads; poisonous or dangerous plants, reptiles, insects, and other animals; and falling trees and tree branches. I understand that such hazards and risks cannot be eliminated without compromising the essential qualities of the range facilities, premises, and environment.
I FURTHER ACKNOWLEDGE AND UNDERSTAND THAT neither the host nor any other person or entity have any 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 compounded or increased damages or injuries.
I FURTHER ACKNOWLEDGE AND UNDERSTAND THAT neither the host nor any other person or entity make any warranty as to the design, manufacture, maintenance, condition, or fitness for any particular purpose of any of the facilities or equipment, including, but not limited to, firearms, ammunition, eye/hearing protection, and first aid supplies, at the range.
As lawful consideration for being permitted by host, and any other person or entity to enter onto the host property, to use the facilities or equipment at the range, and to engage in or observe shooting and other activities at the range, I agree as follows:
I EXPRESSLY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS EXISTING AT THE RANGE, IN ENTERING ONTO THE HOST PROPERTY, IN USING THE FACILITIES OR EQUIPMENT AT THE RANGE, IN ENGAGING IN OR OBSERVING SHOOTING AND OTHER ACTIVITIES AT THE RANGE, AND OF LOSS OF PERSONAL PROPERTY THROUGH MISPLACEMENT, LOSS, OR THEFT WHILE AT THE RANGE.
I AGREE to assume all responsibility and liability for any act(s), even any negligent, reckless, or criminal act(s) or omission(s) to act, of myself and any minors that I have brought to the range. I agree that I will ensure that each minor that I have brought to the range reads and signs an “Acknowledgement of Risk, Release, Waiver of Liability, Indemnification Agreement, and Covenant Not to Sue.”
I AGREE to abide by all rules at the RANGE and to ensure that each minor that I have brought to the range does so. (Range Rules attached)
I AGREE that I, my next of kin, spouse, partner, heirs, guardians, representatives, agents, assigns, beneficiaries, executors, and administrators HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS, AND HEREBY RELEASE AND FOREVER DISCHARGE, AND AGREE NOT TO SUE THE HOST including any of their officers, directors, managers, members, shareholders, employees, contractors, agents, representatives, insurers, and attorneys, and ANY OTHER PERSON OR ENTITY AT BOB’S RANGE, including any of their officers, directors, managers, members, shareholders, employees, contractors, agents, representatives, insurers, and attorneys, from and against any and all claims, demands, damages, expenses, causes of action, attachments of property, or liability of any kind whatsoever, including reasonable attorneys’ fees and costs, that I, my next of kin, spouse, partner, heirs, guardians, representatives, agents, assigns, beneficiaries, executors, and administrators, any minors that I have brought to the range, or anyone else, may have for property damage, personal injury, or death, whether suffered by me, by any minors or other persons that I have brought to the range, or by anyone else, resulting, directly or indirectly, from me or any minors that I have brought to the range entering onto the HOST, using the facilities or equipment at the range, or engaging in or observing shooting and other activities at the range, even if such claims, demands, damages, expenses, causes of action, attachments of property, or liability result, directly or indirectly, partially or wholly, from any act(s), even any negligent act(s) or omission(s) to act, including negligent or omitted first aid or rescue operations or procedures, by the HOST, or any other person or entity.
I ACKNOWLEDGE AND AGREE that this Agreement must be interpreted and enforced under the laws of the State of Texas, and that the venue for any action or proceeding must be in the State of Texas, without regard for the conflict of law rules of the State of Texas.
I FURTHER ACKNOWLEDGE AND AGREE that this Agreement is intended to be as broad and inclusive as permitted by law, and that if any provision or portion is held to be invalid, void, or otherwise unenforceable, I agree and intend that the remaining provisions or portion will continue and remain in full legal force and effect.
I FURTHER ACKNOWLEDGE AND AGREE that it is my understanding and intent that this Agreement, and any signed written amendments or modifications to it, will remain in full force and effect from the date of execution and ever after.
I have carefully read this “Acknowledgement of Risk, Release, Waiver of Liability, Indemnification Agreement, and Covenant Not to Sue” and fully know its contents. I acknowledge that no other inducement, assurance, or guarantee has been made to me in consideration of my signing this Agreement, and that I have not relied upon any statements or representations outside of this written Agreement. 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 the HOST.
I UNDERSTAND THAT BY MY SIGNATURE I AM GIVING UP SUBSTANTIAL RIGHTS, THAT I AM AGREEING NOT TO SUE THE HOST, AND ALL OTHERS, AND RELEASING AND HOLDING HARMLESS THE HOST, AND ALL OTHERS FROM ALL LIABILITY.