SilencerCo, LLC, a Utah limited liability company (the “Company”), is hosting and has invited the
undersigned to a shooting event at the current location and date (the “Event”). Certain firearms and
explosives will be provided at the Event, including, but not limited to, fully-automatic firearms and
THIS FORM MUST BE CAREFULLY READ AND AGREED TO BY ALL PARTICIPANTS (EACH A “PARTICIPANT”) PARTICIPATING
READ CAREFULLY BEFORE AGREEING
Participant has read and understands all of the safety rules, knows that anticipated and unanticipated
dangers associated with the use of firearms and explosions present a risk of DEATH, PERSONAL INJURY, and/or PROPERTY DAMAGE and acknowledges that it is not the function, responsibility or duty of the Company or its agents, representatives or employees, or the range safety officers (each an “RSO”). Participant acknowledges and certifies that his/her participation in the Event is voluntary in all respects and is not required as a condition of employment by the Company or because of his/her employment by the Company.
In consideration for being permitted to participate in the Event, and on behalf of himself/herself, his/her
family, estate, heirs and assigns, PARTICIPANT HEREBY ASSUMES ALL OF THE RISKS, LIABILITIES AND RESPONSIBILITIES OF PARTICIPATING AT THE EVENT AND RELATED ACTIVITIES AND WAIVES, RELEASES, DISCHARGES AND AGREES TO HOLD HARMLESS the Company and its members, officers, advisors, agents, representatives and employees, and any RSO for any and all claims, demands, causes of action, or liability of any kind, including attorneys’ fees, for any damages incurred by Participant including, but not limited to, any damages related to death, disability, personal injury, property damage, property theft, or other actions of any kind which may hereafter occur to Participant at the Event or related The waivers, releases and assumptions of liability as set forth herein shall be construed broadly to provide a complete release and waiver to the maximum extent permissible under applicable law.
BY AGREEING TO THIS DOCUMENT, PARTICIPANT HEREBY WAIVES ANY RIGHT TO BRING A COURT ACTION TO RECOVER COMPENSATION FOR ANY INJURY OR LOSS TO PARTICIPANT OR PROPERTY AND THE RIGHT OF PARTICIPANT’S PERSONAL REPRESENTATIVE TO BRING AN ACTION TO RECOVER COMPENSATION FOR PARTICIPANT’S DEATH OR ANY INJURIES ARISING OUT OF PARTICIPANT’S INVOLVEMENT IN THE EVENT AND RELATED ACTIVITIES. NEITHER THE COMPANY NOR ANY OF ITS MEMBERS, OFFICERS, ADVISORS, REPRESENTATIVES, AGENTS AND/OR EMPLOYEES, NOR ANY RSO, SHALL BE RESPONSIBLE FOR ANY DEATH, INJURY, LOSS OR DAMAGE OF ANY KIND SUSTAINED BY PARTICIPANT ARISING OUT OF THE EVENT OR RELATED ACTIVITIES OR EVENTS, WHETHER CAUSED BY
THE ACTION, INACTION AND/OR NEGLIGENCE OF THE COMPANY OR ANY OF ITS MEMBERS, OFFICERS, ADVISORS, REPRESENTATIVES, AGENTS AND/OR EMPLOYEES, ANY RSO, OR OTHERWISE.
I hereby grant to SilencerCo, LLC the absolute and irrevocable right and unrestricted permission in
respect of photographic portraits or pictures, video, and film that SilencerCo has taken of me or in which
I may be included with others, to copyright the same, in SilencerCo’s own name or otherwise; to use,
reuse, publish, and republish the same in whole or in part, individually or in any and all media now or
hereafter known, and for any purpose whatsoever, for illustration, promotion, art, editorial, advertising
and trade, or any other purpose whatsoever without restriction as to alteration; and to use my name in
connection therewith if SilencerCo so chooses.
I hereby release and discharge SilencerCo from any and all claims and demands arising out of or in
connection with the use of the photographs and video/film, including without limitation any and all
claims for libel or invasion of privacy. I also agree to hold SilencerCo not liable for any injury. I
understand that because of the nature of SilencerCo’s business, I will be around inherently dangerous
firearms and ammunition.
This authorization and release shall also inure to the benefit of the heirs, successors in interest, legal
representatives, licensees, and assigns of SilencerCo. I am of full age and competent to agree to this
release. I have the right to contract in my own name. I have read the above release and fully understand
the contents thereof. This release shall be binding upon me and my heirs, legal representatives, and
Participant has reviewed, understands, and agrees to abide by all rules (written and unwritten) relating
to the Event and further agrees to execute any documents required by this shooting range and/or
Contractor. PARTICIPANT FURTHER CERTIFIES THAT PARTICIPANT HAS READ THIS ENTIRE DOCUMENT AND FULLY UNDERSTANDS ITS CONTENT. PARTICIPANT IS AWARE THAT THIS IS A RELEASE OF LIABILITY AND A BINDING CONTRACT, AND PARTICIPANT AGREES TO IT OF PARTICIPANT’S OWN FREE WILL. PARTICIPANT UNDERSTANDS THAT SUBSTANTIAL RIGHTS ARE BEING WAIVED BY AGREEING TO THIS CONTRACT. PARTICIPANT UNDERSTANDS THAT THIS CONTRACT IS SEVERABLE; MEANING THAT IF ANY PART OF IT IS HELD BY A COURT OF LAW TO BE UNENFORCEABLE, THE REMAINDER OF THE CONTRACT SHALL SURVIVE AND BE ENFORCED.
WAIVER, RELEASE OF LIABILITY, DISCHARGE, COVENANT NOT TO SUE, HOLD HARMLESS AGREEMENT AND ACKNOWLEDGMENT OF ASSUMPTION OF RISK
The undersigned represents he is above the age of 18 years, is a citizen of the United States, has not been convicted of a felony and has no legal restriction upon his use or possession of a firearm. The undersigned seeks to enter use the facilities of the BUFFALO CHIP SHOOTING COMPLEX, LLC (Complex). The Complex operates upon real estate owned by BC Realty, LLLP and, by license, used by the Buffalo Chip Campground, LLC in conjunction with its campground business and, by further license, the Shooting Complex is contractually operated by Sturgis Guns, LLC..
The undersigned, as part of the consideration for the right to enter and use the facilities and services of the “Complex,” does hereby voluntarily enter into this WAIVER, RELEASE OF LIABILITY, DISCHARGE, COVENANT NOT TO SUE, HOLD HARMLESS AGREEMENT AND ACKNOWLEDGMENT OF ASSUMPTION OF RISK and hereby consents and agrees that:
1. Acknowledgment of Danger and Inherently Dangerous Activities. I acknowledge that engaging in sport shooting is inherently dangerous. I further acknowledge that no matter what precautions the Complex may take and no matter what precautions I may take, including but not limited to wearing of various types of protective gear (including hearing and eye protection), that I or others could experience injury of a very serious nature and/or death as a result of an accident or incident. Injuries that might be experienced might include, but are not limited to: death, total or partial paralysis, blindness, eye injury, heat stroke, frostbite, fractures and bruises. Equipment and other property may also be injured or destroyed.
2. Causes. The risks and dangers may be caused by the negligence of the owners, operators, employees, officers or agents of the Complex, the negligence of participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes. These risks and dangers may arise from foreseeable or unforeseeable causes.
3. Personal Responsibility. I will visually and physically inspect the areas and equipment which I intend to use and will not enter or use any range, shooting station or other area of the Complex or equipment unless I have first determined to my personal satisfaction that it is safe to do so. I will take special care to make myself aware of other people in the area, including users and spectators, and will take care to avoid injury to them while also making special note to take evasive and preventive measures to insure my own and my party members’ safety from the negligence of any other person. I will not rely upon the Complex to insure a safe environment, but will make my own determination of safety. There has not been any express or implied representation made on behalf of the Complex except as set forth in this Agreement.
4. Assumption of Risks. I acknowledge and represent that I am familiar with the significant risks and dangerous nature involved with the use of firearms and archery equipment, including but not limited to causing death or serious bodily injury to me and others, and causing damage(s) to property, and understand there is no less danger because of participating in sport shooting at the Complex.
By my participation in these activities and/or use of equipment, I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct (including omissions) of BC Realty, LLLP, The Buffalo Chip Campground, LLC, the Buffalo Chip Shooting Complex, LLC, Sturgis Guns, LLC and the owners, agents, officers, and employees of any of them, or by any
5. Waiver, Release of Liability, Discharge, Covenant Not to Sue and Hold Harmless. I hereby agree to indemnify, without qualification or limitation, each of BC Realty, LLLP, The Buffalo Chip Campground, LLC, The Buffalo Chip Shooting Complex, LLC, Sturgis Guns, LLC and each successor, assignee, owner, shareholder, director, officer, employee, agent, representative, attorney, independent contractor, subsidiary, and/or affiliate and each and every person who acted by, through, under or in connection with any of them (collectively, “Released Parties”, which specifically includes Rod Woodruff, Toni Woodruff, Daymon Woodruff, Carol Woodruff, Tammy Bohn and Justin Bohn) and covenant to defend and hold each of the Released Parties harmless from and against any and all claims, causes of action, demands or charges of every kind and nature, which any third party or person may claim to have or to hold for property damage or personal injuries or any other damages including death, arising from any cause or reason, of every kind and nature pertaining to this Agreement originating from my relationship with any of the Released Parties and any activity directly or indirectly arising from or contemplated by this Agreement.
I further hereby voluntarily, unconditionally and irrevocably agree not to sue and further voluntarily, unconditionally and irrevocably agree to release, waive and discharge each of the Released Parties from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may in any way in relate to or arise from my activity at the Complex whether caused or contributed to, in whole or in part, by the negligence of any the Released Parties.
I specifically understand that I am agreeing not to sue or otherwise initiate legal, equitable or similar action, or to otherwise file a complaint or other action for controversy resolution, or otherwise seek recovery of losses, costs or expenses of any nature whatsoever, known or unknown, suspected or unsuspected, anticipated or unanticipated, fixed or contingent, including, without limitation, wrongful death and any and all personal injuries, known or unknown, and death and/or personal injuries to third parties, and injuries to property, real or personal, known or unknown, against any of the Released Parties, caused by any reason whatsoever related to the Complex’s premises and/or facilities. I fully understand that I am releasing, discharging and waiving any claim or cause of action that I may have presently or in the future against any of the Released Parties arising from activity at the Complex.
6. I Will Follow the Rules. I certify that I am in sufficient physical and mental condition to engage in sport
shooting on this range. I swear that I have read and understand, and I agree to strictly abide by and comply with the Buffalo Chip Shooting Complex Rules at all times.
7. Minors. The signature of a minor and one of his parents or legal guardian binds the minor and his family.
8. Severability and Interpretation. Any provision of this contract which may be legally unenforceable shall be ineffective only to the minimum extent unenforceable without invalidating the remaining provisions of this contract. The terms of this WAIVER, RELEASE OF LIABILITY, DISCHARGE, COVENANT NOT TO SUE, HOLD HARMLESS AGREEMENT AND ACKNOWLEDGMENT OF ASSUMPTION OF RISK shall in every event be interpreted in the manner most favorable to each of the Released Parties.
9. BINDING UPON HEIRS, SUCCESSORS AND ASSIGNS. I understand and intend that this contract binds my heirs, executors, administrators, personal representatives, successors and assigns, as well as myself.
I HAVE READ THE ABOVE WAIVER, RELEASE OF LIABILITY, DISCHARGE, COVENANT NOT TO
SUE, HOLD HARMLESS AGREEMENT AND ACKNOWLEDGMENT OF ASSUMPTION OF RISK AND BY AGREEING TO IT I REAFFIRM IT IS MY INTENTION TO EXEMPT AND RELIEVE EACH OF THE RELEASED PARTIES FROM ANY LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.