West Houston Shooters Club
WAI VER, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT
As lawful consideration of and as a
specific condition to me being allowed to observe, set up, take down, and/or participate in any activities by West Houston
Shooters Club (“WHSC”), including all
shooting activities (collectively “Range Activities”), I understand and
agree that WHSC’s Range Activities may take place at multiple facilities; I
hereby acknowledge and agree that all terms and conditions in this agreement
equally bind MY CLAIMANTS as to any such facility where WHSC convenes an event.
agree to be bound by
the following: 1. WHSC’s Reliance. I understand that WHSC is specifically relying on the truth of
my representations in this agreement in order to permit me to participate in
Range Activities. 2. Voluntary Participation; Physical and Mental Health. I understand and
agree that my use of the facility
for Range Activities is voluntary, and may be suspended or revoked. I represent and believe that I am in good physical and mental health so that I may safely engage in Range
Activities. If my physical and mental health changes so that I become unfit to
participate in Range Activities, I will not participate in Range Activities
until I am again fit. 3.
the Facility and Equipment. I agree that I shall inspect the facility and
equipment to be used before each Range Activity. If I believe there is anything
unsafe, I will immediately advise the Match Director / Range Master of such
unsafe condition and I will not use the facility or such equipment.
4. Lawful Participation. I represent that I
have never been convicted of any felony or crime, anywhere in the world, that
would render me ineligible to be in an environment where firearms are present.
I understand that Texas law prohibits any person convicted of a felony to be
where firearms are present.
Experience. I represent that I am sufficiently experienced in the proper
handling, loading, and use of the firearms and ammunition I will use for Range
Activities in order to participate safely, and that the equipment and firearms
I use in Range Activities will be serviceable and safe. 6. Identification of Risks. I acknowledge and understand that
before, during and after Range Activities firearms will be all around me at all
times, and that such firearms are lethal weapons that can cause property damage, emotional
or physical injury without limitations, and/or nervous system injuries that may
cause paralysis or death. I understand that discharging firearms, using
ammunition, and being around Range Activities have inherent risks that no
amount of care, instruction, supervision, or expertise can completely eliminate.
7. Voluntary Assumption of Risk and Medical Treatment. I voluntarily and fully assume all risks,
known or unknown, foreseeable or unforeseeable, connected with Range Activities.
I expressly and fully accept personal responsibility for any liability, injury,
loss and all damages (e.g., direct, indirect, special, consequential, etc.) in any way connected with Range
expressly agree to be solely responsible for all of my medical expenses
incurred with Range Activities, regardless of the cause of any event that leads
to my obtaining treatment. 8. Wa iver
and release of all liability. I hereby knowingly, voluntarily, and
expressly waive, release, and enter into a covenant not to sue and forever discharge
whsc, its directors, officers, shareholders, general partners, limited partners,
agents, employees, successors, and assigns (collectively referred to herein as “whsc”)
from any and all claims, rights, demands, and causes of action, of any kind whatsoever,
for liability, injury, loss or damage that is physical, mental, pecuniary, known,
unknown, foreseen, or unforeseen in anyway connected with the use of the
facility or the equipment located therein or my presence on or about the
facility, whether or not caused in the whole or part by any form of strict
liability, negligence, gross negligence, or intentional act or omission of act of
whsc before, during, and after range activities. I expressly intend for this waiver,
release of liability, and indemnification to also include me, my estate, personal
representatives, heirs, beneficiaries, insurers, next of kin or assignors who might
pursue any legal action or claim (“MY CLAIMANTS”) for any and all claims, rights
demands, and causes of action, of any kind whatsoever, for any liability, injury,
loss or damage that i may sustain or that i suffer while entering, exiting, occupying,
or using property real or personal, in which whsc has an interest, whether or not
such injuries, losses, or liabilities are caused in whole or part by any form
of strict liability, negligence, gross negligence, or intentional act or
omission of act, in whole or part, by WHSC.
I expressly agree to hold harmless, defend, and indemnify WHSC and its
directors and officers, from any and all causes of action, judgments or claims
that may come about as a direct or indirect result of my participating in any Range
Activities. My defense and indemnification of WHSC shall include all causes of
action, judgments, or claims that may come about as a direct or indirect result
of any form of strict liability, negligence, gross negligence, or intentional
act or omission of act, in whole or part, by WHSC.
10. Severability. I understand that this Waiver, Release of Liability, and
Indemnification Agreement is intended to be as broad and inclusive as permitted
by law and that if any portion of this agreement is held invalid, I agree that all
remaining provisions shall continue in full legal force and effect. I further
agree that if this Waiver, Release of Liability and Indemnification Agreement,
is found to be invalid as such in Texas, WHSC and the undersigned Participant
expressly agree that it will be construed as a covenant that the undersigned
Participant shall not sue WHSC in accordance with § 8 above. 11.
Jurisdiction and Venue. I expressly
agree that any dispute arising under this agreement shall be under the
jurisdiction and venue of the state and federal courts of Harris County, Texas,
and I consent to the personal jurisdiction of those courts.
I have read,
understood, and agree to be bound by this
waiver, release of liability and indemnification agreement. I understand that
given up substantial rights by signing it. I
signing this waiver, release of liability, and indemnification agreement.
I HAVE READ AND UNDERSTOOD THE WAIVER, AND I AGREE TO BE BOUND BY ITS TERMS.
You must accept this waiver to register