FUNDAMENTAL SAFETY, LLC WAIVER & LIABILITY RELEASE AGREEMENT
This is a legally binding document. Please read every word carefully.
By signing it, you are forfeiting substantial legal rights.
In return for Fundamental Safety, LLC (“Fundamental Safety”) providing instruction in the discharge and use of firearms and live ammunition (the “Services”), and for allowing use of the land, building and any equipment used with the Services (the “Premises” and “Equipment”), I, the undersigned, do hereby agree to the following terms and conditions of this agreement (hereinafter the “Agreement”):
1. ASSUMPTION OF RISK. I know and understand the scope, nature and extent of the risks associated with the Services, the Premises and the Equipment, including the inherently dangerous risks involved with the discharge of firearms and the firing of live ammunition. I understand these risks include, but are not limited to: equipment malfunction, defective and negligent equipment design and manufacturing, improper equipment operation, and third party negligence or malfeasance. I voluntarily, freely and expressly choose to incur all risks, foreseeable and nonforeseeable, contemplated and not contemplated, listed or otherwise, that may arise with respect to the Services, Premises and/or Equipment, understanding that those risks include property damage, personal injury and death.
2. RELEASE FROM LIABILITY. I hereby release and discharge Fundamental Safety, its owners, employees, members, officers, agents, representatives, lessors and any other person or entity involved either directly or indirectly with provision of the Services, Premises and/or Equipment (hereinafter collectively referred to as the “Releasees”), from any and all liability, claims, demands, suits or causes of action at law or in equity whatsoever arising out of any property damage, loss of any kind, personal injury or death that I may suffer in connection with receiving the Services and while using the Premises and Equipment, whether caused by the negligence or other fault, either active or passive, of any of the Releasees, or from any other cause.
3. COVENANT NOT TO SUE. I agree not in any way to institute or join any claim, demand, suit or cause of action at law or in equity whatsoever against any of the Releasees, or in any way to assist in the prosecution of any claims, demands, suits or causes of action at law or in equity whatsoever which I may have by reason of my death, personal injury or property damage arising from the Services, Premises and/or Equipment, whether caused by the negligence or other fault, either active or passive, of any of the Releasees or me. I expressly forfeit any legal right or entitlement of my heirs, executors, administrators, personal representatives, or any other person or entity entitled to act on my behalf (hereinafter collectively referred to as my “Representatives”), now or at any time in the future, to initiate or in any way institute any claims, demands, suits or causes of action at law or in equity whatsoever against any of the Releasees. I further forfeit any legal right or entitlement of my Representatives, now or at any time in the future, to in any way assist in the prosecution of any claims, demands, suits or causes of action at law or in equity whatsoever which I may have by reason of my death, personal injury or property damage arising from the Services, Premises and/or Equipment, whether caused by the negligence or other fault, either active or passive, of any of the Releasees, or from any other cause.
4. INDEMNIFICATION. I will indemnify, save and hold harmless the Releasees from any and all claims, demands, suits and causes of action at law or in equity whatsoever including all judgments, attorney fees, court costs and any other costs and expenses of any kind or nature that are incurred by the Releasees or that I initiate or institute, or that are initiated or instituted by my Representatives or any other third party on my behalf or that of my Representatives, now or at any time in the future, arising either directly or indirectly from the Services, Premises and/or Equipment, whether caused by the negligence or other fault, either active or passive, of any of the Releasees or from any other cause.
5. SCOPE OF RELEASE. This Agreement can be used as a full and complete defense to, and serves as a basis for an injunction against, any claims, demands, suits or causes of action at law or in equity whatsoever that I, my Representatives, or any third party may bring against the Releasees, now or at any time in the future.
6. REPRESENTATIONS AND WARRANTIES. I represent that (a) I am in good health and in proper mental and physical condition to engage in and receive the Services and use the Premises and Equipment; and (b) I am not under the influence of alcohol, illicit or prescription drugs or any other substance that would in any way impair my ability to safely engage in and receive the Services and use the Premises and Equipment. I further warrant and represent that my receiving the Services or using the Premises or Equipment will not violate any applicable federal laws or state laws of any jurisdiction.
7. GOVERNING LAW. This Agreement is governed by and must be construed in accordance with the domestic laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the State of North Carolina. In the event an ambiguity or question of intent or interpretation arises, this Agreement will be construed as if it was drafted by me jointly with Fundamental Safety and no presumption or burden of proof will arise favoring or disfavoring either party to this Agreement by virtue of the authorship of any of the provisions of this Agreement.
8. CONTINUATION & SEVERABILITY. This Agreement has perpetual effectiveness. However, if any provision of this Agreement is for any reason finally determined to be invalid or unenforceable, such determination will not affect the validity and enforceability of the other provisions of this Agreement.
9. ENTIRE AGREEMENT. This Agreement represents the complete understanding of, and constitutes the entire agreement between, the Undersigned and Fundamental Safety. No oral representations, statements, understandings or any other form of agreements have been made or relied upon between the Undersigned and Fundamental Safety apart from this Agreement.
10. ACKNOWLEDGEMENT. I warrant that I have read each provision of this Agreement carefully, understand its terms and conditions, I acknowledge that I will be giving up substantial legal rights by signing it (including the rights of my Representatives), and that I have signed this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and that my signature serves as confirmation of my complete and unconditional acceptance of each term and condition of this Agreement.
Name of Participant (Print): Age: ____
________________________________________ DOB:___ /___ /_____
Signature of Participant: Date: ______________
Parental Consent (required if the participant is under 21 years of age). I certify that I am the parent or legal guardian to the individual identified above. I further accept and agree to every provision, term and condition of this Agreement on behalf of the individual identified above in connection with his/her engagement in, and receipt of, the Services provided including those regarding the usage of the Premises and Equipment. I understand that I, as the parent or legal guardian, by signing this Agreement, am myself completely and wholly subject to paragraphs 1 through 10 (including the preamble introduction) of this Agreement and their effect on my legal rights.
Name of Parent/Legal Guardian (Print): Age: ____
________________________________________ DOB:___ /___ /_____
Signature of Parent/Legal Guardian:
________________________________________ Date: ______________