I, on behalf of myself, my heirs and assigns, hereby agree that I am, at my own risk, participating in activities facilitated by Let’s Shoot, LLC at one or more facilities identified in Addendum A of this Agreement (herein referred to as “Premises”). These activities include, but are not limited, the use and discharge of firearms, as well as services and training by employees and/or contractors of Let’s Shoot, LLC. In consideration for participating in activities facilitated by Let’s Shoot, LLC and for being provided access to and use of the Premises, I hereby stipulate and agree to the following terms and conditions of this Agreement:
1. Acknowledgement of Activities.
I hereby acknowledge that I have voluntarily sought to enter onto and to engage in or to observe shooting and other activities by Let’s Shoot, LLC at the Premises. I further acknowledge and understand that the “shooting and other activities” includes any and all activates of any kind whatsoever in which I engage or observe while at the Premises, whether sponsored by Let’s Shoot, LLC or not.
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 another person. 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. I understand that such risks cannot be eliminated without compromising the essential qualities of shooting activities.
2. Use of Premises.
I understand and agree that I may only use the Premises for the purposes set forth in this Agreement at the time specified by Let’s Shoot, LLC. I further agree that I am responsible for the proper use and care of the Premises and any property thereon, and that I will be liable for the replacement cost of any property which is damaged, destroyed or lost.
I ACKNOWLEDGE AND UNDERSTAND THAT the nature and condition of the 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 on to the Premises, in using Premises and in engaging in or observing any activities of any kind whatsoever while on the Premises. I understand that such hazards and risks cannot be eliminated without compromising the essential qualities of the Premises’ facilities, equipment, and environment.
3. Assumption of Risk.
I understand and acknowledge that the activities that take place on the Premises may be dangerous and may involve the risk that I will sustain serious injury, temporary or permanent disability, death, and/or property damage. I understand that the activities that take place on the Premises may not be supervised. I further acknowledge that Let’s Shoot, LLC has no duty to undertake first-aid, or rescue operations or procedures, and does not provide medical services, in the event any such property damage or physical or emotional injury occurs. I further acknowledge that any injury I may sustain while on the Premises may be compounded by negligent or delayed first-aid, rescue operations or procedures, or medical service, and that any such operations or procedures may result in compounded or increased damages or injuries. I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY USE OF AND PARTICPATION OF ACTIVITIES ON THE PREMISES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE.
4. Release from Liability.
I hereby agree, on behalf of myself, my heirs and assigns, to fully and forever discharge and release Let’s Shoot, LLC and its affiliates, the owners of the Premises, and their respective partners, agents, operators, managers, employees, and representatives (“Released Parties”) from any and all claims I may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to my entry upon and use of the Premises, whether caused by the negligence of Let’s Shoot, LLC or any of the Released Parties or by any other reason. I acknowledge and agree that this Release and Waiver of Liability is intended to be, and is, a complete release of any responsibility of the Released Parties for any and all personal injuries, temporary or permanent disability, death, and/or property damage sustained by me while on or using the Premises.
5. Firearm Use
I hereby SWEAR and AFFIRM that I am of good character and moral standing and am legally entitled to possess, use, and/or purchase a firearm. I have no criminal convictions, pending criminal charges, indictments, nor do I suffer from any form of mental illness that would prohibit me from legally and safely possessing and using a firearm, or would be determined or dangerous to me or others while utilizing the services of Let’s Shoot, LLC on the respective Premises.
I represent that to the best of my knowledge, information and belief that:
(a) 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.
(b) 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.
(c) I am not a fugitive from justice.
(d) I am not an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance.
(e) 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.
(f) I have never been adjudicated mentally defective or committed to a mental institution.
(g) I have never been dishonorably discharged from the Armed Forces.
(h) 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.
(i) I have never been convicted in any court of a misdemeanor crime for domestic violence or probation before judgement.
(j) I have never renounced my United States citizenship.
(k) I am not an alien illegally in the United States.
(l) I have no unlawful, illegal, wrongful or otherwise deceitful intentions in executing this Agreement or in utilizing the services of Let’s Shoot, LLC and, if applicable, firearms, ammunition and other Let’s Shoot, LLC property.
(m) I have never been convicted of a felony, anywhere. Maryland law prohibits any person convicted of a felony to possess a firearm or be in any environment where firearms are present.
I ACKNOWLEDGE AND UNDERSTAND THAT if I have provided any false statement or information, my privileges will be immediately revoked and Let’s Shoot, LLC activities will immediately terminate with the complete and total forfeiture of any fees paid to Let’s Shoot, LLC.
6. Rules of the Premises.
I understand and agree to the policies, procedures, and rules of the Premises, specified in Addendum A, which are incorporated in this Agreement by reference. Violation of such policies, procedures, and rules will result in the termination of services of Let’s Shoot, LLC with the complete and total forfeiture of any fees paid to Let’s Shoot, LLC.
7. Covenant Not to Sue.
I agree, for myself and all my heirs and assigns, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I, my heirs, or assigns may have as a result of any personal injury, death or property damage I may sustain while on or using the Premises.
8. Indemnification.
I hereby agree to defend, indemnify and hold harmless Let’s Shoot, LLC and the Released Parties from and against any third-party losses, damages, actions, suits, claims, judgments, settlements, awards, interests, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of my use of the Premises or participation in any activities on the Premises.
9. Responsibility for Personal Property.
I acknowledge and agree that I am fully and solely responsible for any of my property and personal belongings that I bring onto the Premises and that Let’s Shoot, LLC will not be responsible for or provide any security for my property and personal belongings.
10. No Representations by Let’s Shoot, LLC.
I acknowledge that Let’s Shoot, LLC makes no representation as to the condition of the Premises or the safety of any structures or equipment that may be used at the Premises. I accept and shall use the Premises in its “AS IS” condition. I acknowledge and agree that I am not relying upon any representation or statement by Let’s Shoot, LLC or its employees, agents, or representatives regarding this agreement or the Premises, except to the extent such representations are expressly set forth in this Agreement.
11. Consent to be Photographed/Videotaped.
I UNDERSTAND that my activities with Let’s Shoot, LLC and/or on the Premises may be photographed, videotaped and/or otherwise captured electronically by Let’s Shoot, LLC. I hereby grant Let’s Shoot, LLC, and owners of the Premises, and their affiliates all rights to use my image and likeness for the purpose of advertising. I understand that use of my image and likeness will be for advertising 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 or likeness, as described above. All photographs, videos, or other electronically captured media taken by Let’s Shoot, LLC remain the property of Let’s Shoot, LLC, and may not be used or reproduced without the express written permission of the management of Let’s Shoot, LLC.
12. Governing Law and Venue.
This Agreement will be governed by and interpreted in accordance with the laws of the State of Maryland, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Agreement must be brought exclusively in any state or federal court located in Baltimore County, Maryland.
13. Waiver.
No waiver of any term or right in this Agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter.
14. Survival.
Any provision of this Agreement providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable.
15. Compliance with Laws.
In the performance of the terms of this Agreement and use of the Premises, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations.
16. Severability.
If any provision or portion of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
17. Entire Agreement; Modification; Binding Effect.
This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.
I UNDERSATND THAT BY AGREEING TO THE TERMS OF THIS AGREEMENT I AM GIVING UP SUBSTANTIAL RIGHTS, THAT I AM AGREEING NOT TO SUE LET’S SHOOT, LLC AND RELEASING AND HOLDING HARMLESS LET’S SHOOT, LLC OF ALL LIABILITY. I EXECUTE THIS DOCUMENT AND THE RELEASES SET FORTH WITHIN IT FOR FULL, ADEQUATE AND COMPLETE CONSIDERATION, FULLY INTENDING TO BE BOUND TO THE CONTENTS OF THIS DOCUMENT.
I have carefully read the “ACKNOWLEDGEMENT & ASSUMPTION OF THE RISK, RELEASE, AND INDEMNITY AGREEMENT” and fully know its contents. I acknowledge that no other oral representation, inducement, assurance or guarantee has been made to me in consideration of my agreeing to this AGREEMENT, which I agree to voluntarily and of my own free will.
ADDENDUM A – LET’S SHOOT, LLC TRAINING FACILITIES
1. Guntry Club Maryland, located at 10705 Red Run Blvd, Owings Mills, MD, 21117.
2. Associated Gun Clubs of Baltimore, located at 11518 Marriottsville Road
Marriottsville, MD 21104
3. H.E.Y. Hub, located at 3 Easter Court, Suite H, Owings Mills, MD 21117
By typing my name below, I agree that I have carefully read and accepted the “ACKNOWLEDGEMENT & ASSUMPTION OF THE RISK, RELEASE, AND INDEMNITY AGREEMENT.”