RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
CAUTION: PLEASE READ THIS AGREEMENT CAREFULLY. BY SIGNING THIS AGREEMENT YOU ARE GIVING UP CERTAIN
VALUABLE LEGAL RIGHTS TO SUE THE DALLAS
ACTION PISTOL SHOOTERS
FOR ANY INJURIES OR DEATH YOU MAY SUFFER AS A RESULT OF THE TRAINING, EQUIPMENT, PROCEDURES, MATCH COMPETITION OR
SUPERVISION PROVIDED IN CONNECTION WITH FIREARM SHOOTING
ACTIVITIES. WARNING: FIREARM SHOOTING
ACTIVITIES COULD CAUSE SERIOUS INJURY OR EVEN DEATH. YOU MUST READ AND FULLY UNDERSTAND EACH PROVISION OF THIS AGREEMENT.
REGISTERING FOR THIS MATCH CONSTITUTES SIGNING AND
DATING THE FORM. IN CONSIDERATION OF THE DALLAS ACTION PISTOL SHOOTERS, f/k/a IDPA Dallas and/or Dallas IDPA allowing
me to utilize the facilities and equipment and to participate in shooting
activities and its associated activities, including match competition, I ("participant") understand
and agree that:
The participant understands
that this agreement
Dallas Action Pistol
IDPA Dallas and/or
its partners, employees, members, directors, officers, instructors, agents, the owner of the structures and/or land utilized for firearm shooting activities, and any public entity or public employee
whether paid or volunteers (hereinafter collectively referred to in this agreement as “DAPS”).
ASSUMPTION OF RISK: The participant is fully aware that firearm shooting activities and all associated activities, including match
a inherently dangerous and contains inherent risk and dangers (including serious injury or death), that no amount of care, caution, instruction, or expertise can eliminate.
participant knows and understands that the participant alone is fully responsible for every shot that the participant fires and where that bullet lands/stops. The participant knows and understands the scope, nature, and extent of the risks involved in the activities contemplated by his/her agreement. The participant voluntarily, freely and unconditionally chooses to incur any and all such risks and dangers.
EXEMPTION FROM LIABILITY: The participant hereby fully and
and releases DAPS from
any and all liability, claims,
and causes of action
out of any damages, both
in law and in equity, in any transportation to the shooting range, training, and shooting activities, including not only the participants actual shooting time, but any activity in which the participant engages at DAPS activities, including but not limited
to walking between berms, bays, or stages and waiting for the participant’s turn to
shoot while watching others shoot,
or resulting from the negligence of the
Dallas Action Pistol Shooters or
from any other cause
COVENANT NOT TO SUE: The participant agrees, for him/herself and his/her heirs, executors, administrators, guardians, legal
representatives, or assigns, not to institute
any suit or action at law, or otherwise, against DAPS nor to initiate
or assist the prosecution of any claim for damages,
or cause of action, which the participant, his/her heirs, executors, or administrators hereafter may have by reason of injury to the person of the participant or to his/her property arising from the activities contemplated
by this agreement.
INDEMNITY AGREEMENT: The participant agrees
his/her heirs, executors,
administrators, distributes, guardians, legal representatives, or
assigns to indemnify and hold harmless DAPS from any and all losses, claims, actions, or proceedings of any kind,
LEGAL FEES AND
EXPENSES INCURRED BY DAPS, the participant, and indemnified parties,
or any of them, for
the defense of
any such actions which may hereafter arise directly or indirectly from the activities of the participant while engaging in activities contemplated by
CONTINUATION OF OBLIGATIONS: The participant agrees and acknowledges that the terms and conditions of the above provisions, including ASSUMPTION OF RISK, EXEMPTION FROM LIABILITY, COVENANT NOT TO SUE, and INDEMNITY AGREEMENT shall continue in full force. The agreement shall be effective not only for the participant's first shooting activity, but for any and all subsequent shooting or gatherings, or activities in any way associated with DAPS.
NO MODIFICATION OF AGREEMENT: This
be modified orally. This agreement can be modified only by a writing signed by the participant and an authorized representative of DAPS. A waiver of any provision
shall not be construed
as a modification of any provision
herein, as a consent to any other provision
herein, or as a consent
to any subsequent waiver or modification.
Jurisdiction and Venue: Jurisdiction and venue
for all disputes related to and/or arising out of this agreement shall be vested
in the District Court, Dallas County, Texas.
The participant currently has no physical
or mental condition that impairs his/her capability and the participant is fit to
fully participate in all firearm shooting activities.
HEREBY EXPRESSLY RECOGNIZE THAT THIS AGREEMENT IS A CONTRACT PURSUANT TO WHICH
I HAVE RELEASED ANY AND ALL, CLAIMS AGAINST DAPS RESULTING FROM MY
PARTICIPATION IN OR AS A SPECTATOR OF FIREARM SHOOTING ACTIVITIES, INCLUDING ANY
CLAIMS CAUSED BY THE NEGLIGENCE OF THE DALLAS ACTION PISTOL SHOOTERS. I HAVE READ
THIS AGREEMENT CAREFULLY AND FULLY AND UNDERSTAND ITS CONTENTS AND AGREE TO IT
OF MY OWN FREE WILL. I FURTHER CERTIFY THAT I AM EIGHTEEN (18) YEARS OF AGE OR
OLDER AND STATE THAT I AM NOT UNDER THE INFLUENCE OF ALCOHOL, DRUGS, AND/OR ANY
OTHER MIND ALTERING SUBSTANCE.
I HAVE READ AND UNDERSTOOD THE WAIVER, AND I AGREE TO BE BOUND BY ITS TERMS.
You must accept this waiver to register