ASSUMPTION OF RISK, RELEASE AND INDEMNIFICATION AGREEMENT (“AGREEMENT”)
In consideration for being permitted to participate in a course of instruction in the use of firearms (“Firearms Class”) and for use of the firing range (“Range”) located at 1410 Hwy 15S, Sumter, SC (“Premises”) and operated by Ricochet Range (“RR“), and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I represent, warrant, acknowledge and agree as follows:
1. I fully understand and acknowledge that the handling, discharging and firing of firearms and live ammunition are inherently dangerous and can cause serious damage, injury and harm to property and persons, and are capable of causing serious injury, scarring, loss of an important bodily function, permanent disability and/or death, and may cause severe social or economic losses due to not only my own actions, inaction or negligence, but also to the actions, inaction or negligence of others or conditions of the Premises or of any equipment used. Further, I acknowledge that there may be other risks not known to me or not reasonably foreseeable at this time.
2. I acknowledge and agree that (a) I will be voluntarily engaging in activities that involve the discharging of firearms and I knowingly, freely and voluntarily assume all risks, both known and unknown, related in any manner with my participation in a Firearms Class and/or my use of the Range on the Premises, which include, but are not limited to, instruction in the use of firearms, the handling of firearms and ammunition, the discharge of firearms and the firing of live ammunition, (b) my participation in a Firearms Class and/or my use of the Range shall be undertaken by me at my own risk and neither RR nor any of its members, managers, employees, instructors, landlords, agents or other representatives (collectively, the “Parties”) shall be liable for any injuries or damage to me or my property nor be subject to any claim, demand, injury or damages whatsoever, including without any limitation, those injuries or damages resulting from acts of active or passive negligence on the part of RR or any of the Parties or any other third-party, (c) I accept personal responsibility for any damages resulting from such injury, permanent disability, or death, and (d) I am covered by my own insurance policies covering all injuries to me personally or which I may cause to others or which may be caused to me by others.
3. I, for myself and on behalf of my executors, personal representatives, administrators, assignees, heirs and next of kin, (a) hereby release, waive and forever discharge RR and its affiliate, subsidiary and parent corporations, partnerships and limited liability companies, its and their successors, assigns, members, shareholders, partners, officers, directors, managers, employees, instructors, independent contractors, landlords, agents and representatives (collectively, the Released Parties”), of and from any and all claims, demands, rights, causes of action, damages, losses, costs, expenses, present or future, now existing or which may hereafter accrue, whether known or unknown, anticipated or unanticipated, and the consequences thereof, with respect to any and all injury, disability, death, or loss or damage to person or property, or resulting from or arising out of, or incident to, my participation in a Firearms Class, my presence on and/or use of the Range, and/or any actions taken by me in reliance on the Firearms Class, whether caused by the negligence of any of the Released Parties or otherwise, except that which is the result of gross negligence and/or wanton misconduct on the part of RR, and (b) agree that neither I nor anyone acting on my behalf will make any demand or claim, or commence, prosecute, cause or permit to be prosecuted, any action or proceeding of any description whatsoever against any of the Released Parties for damages, expenses, or losses, of whatever nature, including the consequences thereof, which arise or allegedly arise, are based on, or are connected, directly or indirectly, with the matters released in this Agreement or that I may otherwise have arising out of my participation in a Firearms Class and/or use of the Range on the Premises.
4. In no event shall RR or any other Released Party be liable to me or to any third party for any incidental, indirect, special, consequential or punitive damages whatsoever, or any other damages or loss arising out of or related to my participation in a Firearms Class and/or my presence on and/or use of the Range, regardless of the theory of liability (contract, tort or otherwise), even if RR has been advised of the possibility thereof. RR’s entire liability for any matter arising from or related to my participation in a Firearms Class and/or my presence on and/or use of the Range shall be limited to the amounts paid by me or on my behalf to RR.
5. I agree to indemnify and hold RR and the Parties harmless from and against any and all claims, lawsuits, liabilities, demands or damages, including costs, counsel fees, and expenses, and liabilities which may be incurred in connection therewith, by or on behalf of any person, firm or corporation, arising out of, related to or connected in any manner with (a) the Firearms Class, (b) my presence at and/or participation in a Firearms Class and/or use of the Range on the Premises, (c) any actions taken by me in reliance on the Firearms Class, (d) my discharge of firearms, and (e) my actions and/ or omissions to act, whether related to the course of instruction or not. I further agree to indemnify and hold RR and the Parties harmless from and against any claims by third parties for bodily injury, death or property damage arising out of, related to or connected in any manner with any of the matters set forth above.
6. I represent and warrant that I (a) am not under indictment for, and I have not been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year, (b) am not a fugitive from justice, (c) am not an unlawful user of or addicted to any controlled substance, (d) have not been (i) adjudicated as a mental defective or (ii) committed to any mental institution, (e) am not illegally or unlawfully in the United States, (f) have not been discharged from the Armed Forces under dishonorable conditions, (g) have not renounced my United States citizenship, (h) am not subject to a court order that restrains me from harassing, stalking, or threatening any person, and (i) have not been convicted in any court of a misdemeanor crime of domestic violence.
7. I agree to comply with all South Carolina State laws regarding the use and possession of firearms. My includes but is not limited to: SC Code of Laws Title 23 Chapter 31 and Title 16 chapter 23 which pertains to the and use of firearms, prohibits the operation of a loaded machine gun, and prohibits the possession of a rifle" or "Sawed-off shotgun."
8. I acknowledge and agree that I have read, understand and will at all times fully abide by all rules, policies, and procedures governing the Firearms Class, the Range, use of the Premises, and any other rules stated by RR or any of the Parties.
9. This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina. I expressly agree that this Agreement is intended to be as broad and inclusive as permitted by law and that if any provision of this Agreement is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
10. I have read and understood the “Members Section” of the standard operating procedures as it pertains to the use of the firing range located at Ricochet Range, LLC. I also agree to abide and follow all current membership rules.
11. [Parent(s) or legal guardian(s) of minors age 17 and below only] I agree to instruct the minor participant to the above warnings and conditions and their ramifications, and consent to the minor’s participation. Parent(s) also acknowledge the child engaging in the practice in using a firearm for target shooting at an established Range or in an area where the discharge of a firearm is not prohibited or supervised by: (a) a qualified firearms instructor or (b) an adult who is supervising the child while the child is at the Range.
I REPRESENT THAT I (I) HAVE READ AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT, (II) UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT, (III) SIGN THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, AND (IV) UNDERSTAND THAT THIS AGREEMENT IS BINDING ON ME AND ON MY EXECUTORS, PERSONAL REPRESENTATIVE, ADMINISTRATORS, ASSIGNEES, HEIRS AND NEXT OF KIN.