INDEMNIFICATION, HOLD HARMLESS, DEFENSE, WAIVER, RELEASE AND ASSUMPTION OF RISK AGREEMENT AND APPLICATION FOR USE OF TOP GUN OF MAINE, LLC INDOOR RANGE.
I hereby make application for permitted entry to and/or use of, on this or future dates, TOP GUN OF MAINE, LLC'S INDOOR RANGE facilities (hereinafter "RANGE") for whatever purpose, including, but not limited to, the use and discharge of firearms at the RANGE by me, and the use and discharge of rental firearms provided by the RANGE, and the services and training by employees of the RANGE.
I represent that I have never been convicted of a felony in any of the 50 United States. Maine law prohibits any person convicted of felony to be present in any environment where firearms are present.
I represent that I am experienced and skilled in the proper handling, loading, use and discharge of all firearms and ammunitiom I intend to use at RANGE.
I understand that the RANGE is specifically relying on the truth of my representation concerning my experience with firearms, in permitting me entry to and/or to make use of the RANGE.
I also understand that if I am in any way unfamiliar with the proper handling, loading, use and/or discharge of firearms or ammunition which I intend to use at the RANGE, the RANGE will provide me at my expense, instruction in the proper handling, loading, use and discharge of such firearms and ammunition.
In the event that I incur or cause and injury to myself or another person, or their property, at the RANGE, I agree to indemnify, hold harmless, and defend TOP GUN OF MAINE, LLC., RANGE, it's owners, members, invitees, employees, agents, and assigns, from any and all fault, liabilities, cost, expenses of any kind (including legal fees and paralegal cost), claims, demands, contribution and/or indemnification by any other person or organization (or for subrogation by an insurer of such person or organization), and/or lawsuits, now pending or subsequently initiated, arising out of, related to, or in any way connected with, any and all actual or alleged acts or omissions by me, another person, TOP GUN OF MAINE, LLC., RANGE it's owners, members, invitees, employees, agents, and assigns, in the course of my presence on and/or use of RANGE, including, but not limited to, the use of firearms, whether from negligence or otherwise.
In consideration of the acceptance of my application to be present at and/or use of the RANGE, which presence and/or use includes but is not limited to the use and discharge of firearms at the RANGE, the use and discharge of rental firearms provided by the range, and the service and training by employees of the RANGE, I, on behalf of myself, my heirs, survivors, next of kin, assignees, agents, personal representatives, administrators, and executors, hereby and forever expressly waive, release, and discharge TOP GUN OF MAINE LLC., RANGE, it's owners, members, invitees, employees, agents and assigns, for any and all liabilities, rights, claims, demands, or any other causes of action whatsoever that I may hereafter have for injuries, losses, costs, and damages ( including, but no limited to, damage to my property and/or for any and all illnesses, injuries, including mental or emotional distress or anguish, and other damages, including death, suffered by me) which may in any way whatsoever arise out of, be related to, or be connected with my presence at and/or my use of the RANGE or the the use of firearms at the RANGE by me and/or another, including but not limited to losses caused by: (1) the actual or alleged negligence of TOP GUN OF MAINE, LLC, RANGE, it's owners, members, invitees, employees, agents, and assigns; or (2) ricochets of bullet or bullet fragments; or (3) the acts or omissions of third parties; or (4) hidden, latent, or obvious defects of the range facilities, including but not limited to, the bullet traps and the associated component parts of the range.
I understand, acknowledge, and agree that use of firearms is an inherently dangerous activity and the RANGE is a location within which firearms discharge deadly ammuniton. I further understand, acknowledge, and agree that the discharging of firearms and the use of ammunition have inherent dangers that no amount of care, instruction, or expertise can eliminate. I further understand, acknowledge, and agree that I expressly assume the risk of discharging firearms by whomever discharged and the firing of live ammunition by me and/or another.
I further understand, acknowledge, and agree that the RANGE is an indoor shooting facility which utilizes a series of component parts, including a bullet trap to decelerate discharged ammunmiton, however I understand that these component parts and bullet traps of the RANGE do not, in every instance, contain bullets, or bullet fragments and have been known to cause ricochets which could cause serious personal injury or death and I expressly and voluntarily assume all risks of personal injury or death sustained while using the range including (1) the risk of negligence of TOP GUN OF MAINE, LLC, RANGE, it's owners, members, invitees, employees, agents, assigns, (2) ricochets of bullets or bullet fragments, or (3) the acts or omissions of third parties, or (4) obvious, hidden or talent defect in the range facilities, including but not limited to the bullet traps and associate and component parts of the RANGE.
I expressly agree that this agreement by me 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. Any offending term or provision may be amended in the least way possible by any court, tribunal, or arbitrator having jurisdiction to give as close effect to such term or provision's original intention to assure it's validity and enforceability. No remedy conferred by any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies hereunder by TOP GUN OF MAINE, LLC,RANGE, it's owners, members, invitees, employees, agents, and assigns shall not constitute any waiver of TOP GUN OF MAINE, LLC, RANGE, it's owners, members, invitees, employees, agents, and assigns right to pursue other available remedies. This agreement binds me, my heirs, next of kin, assignees, personal representatives, administrators, and executors.
I further agree that oral representations, statements, or inducements apart from the foregoing written Agreement have not been made and that any modification of the agreement will be effective only if it is in writing and signed by the party to be charged.
I have made an independent evaluation of the risks associated with my use of the RANGE and I understand that I may consult with my attorney concerning this agreement, and based thereon, I RE-AFFIRM MY ASSUMPTION OF THE RISKS SET FOR FORTH ABOVE.
I understand that I have read and understand these terms and agree to follow and abide by each rule and procedure of the RANGE.
I understand that eye protection, in the form of safety glasses and hearing protection are available for my use for a nominal fee, while I am at the RANGE.
THE PARTIES HERETO ACKNOWLEDGE HAVING READ AND UNDERSTOOD THIS AGREEMENT AND EXECUTE THIS AGREEMENT VOLUNTARILY.