GUNFEST WAIVER OF LIABILITY / ASSUMPTION OF RISK AND INDEMNITY
Dated as of
By signing and entering into this Waiver and Release, you are representing and acknowledging that you have been advised that the act and event you are intending to do is extremely dangerous and you could die or sustain serious personal injuries. I have been advised and informed that another individual participating in the identical thing I will be doing has been seriously injured. I know what I am proposing to do is dangerous, I could sustain fatal or serious personal injuries, and I accept this and all these risks. In consideration for allowing me to shoot, whether pistol, bow and arrow. shotgun, rifle, air-rifle, bb gun and or pellet gun ("Firearm") within a restricted area at the GUNFEST (“GUNFEST”) at the Sturgis Buffalo Chip, I understand and agree that I am releasing from all liability Target Programs, LLC (“TPI) including its subsidiaries affiliates, employees, directors, and volunteers, sanctioning organizations, or any subdivision thereof, officials, any persons in any RESTRICTED AREA, promoters, sponsors, exhibitors, advertisers.
TPI, The Buffalo Chip & The Omega Difference and each of their related and affiliated companies, and collectively all of the officers, directors, members, owners, successors, assigns, employees, contractors. tenants, and agents of the aforementioned entities (collectively known as “Released Parties") from any and all claims, injuries, death, and liabilities agreeing as follows:
I understand that shooting a Firearm is dangerous and I could get injured, if not fatally wounded. I understand that the Firearm and its equipment could possibly malfunction, a shell or bullet could malfunction, another shooter could negligently handle a Firearm causing it to discharge or I could accidentally cause the Firearm to discharge causing me to become injured or sustain injuries or die. Knowing all these risks. I accept them and understand my presence in these areas could result in me sustaining personal injuries, paralysis, including serious injury or death. I understand all these risks and waive any cause of action including one for negligence or other misconduct I have or may have against Released Parties.
Released Parties do NOT represent to you that this event is safe, or that it is free of dangerous conditions. Released Parties have not verified or checked the range conditions, and had nothing to do with its design, installation, or construction. Released Parties are not in the business of building or designing ranges that you will participate in. Released Parties do not know if the range is safe for use in good condition, and make no representations as to its safety, nor did Released Parties hire or engage you to do this activity.
I agree and understand that if I get injured or fatally wounded that I am forever and finally releasing all of the Released Parties for negligence, gross negligence, product liability, premise defects or dangerous conditions, all injuries I may sustain, all damages I may incur, and that any claim or suit I could have against any of the Released Parties is forever barred and I will have no legal recourse against them. I likewise agree that I am releasing all Released Parties for any claims and causes of action I could bring against them on behalf of myself and any minor children for all injuries or death to them or me. I additionally agree that I am releasing any claim my family, guardian, representative and/or estate may have by reason of my injury or death, and I agree not file a suit against Released Parties in any capacity including on behalf of any person.
I agree to indemnify and hold harmless the Released Parties as to all lawsuits, claims, damages, costs and attorney's fees, including claims as to Released Parties sole or contributory negligence that arise out of my presence on these premises or because of riding in this event or motorcycle. I am additionally instructing my spouse, parents and family members, my estate or any guardian appointed to act on my behalf to not initiate any claim or suit against the Released Parties. I am likewise instructing and agreeing to Released Parties that my estate, if necessary, will indemnify, defend, and hold harmless all Released Parties for any and all claims against them that arise out of this event, or any injuries to me, or related to my death. I agree that all disputes or interpretations of this Release of Liability shall be enforced by the laws of the State of South Dakota.
I have read this entire Release of Liability, understand its terms, agree to all its terms, and know that I am releasing all Released Parties as stated, and agree to indemnify and defend them. Signed and agreed to this day in Sturgis, South Dakota.
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Document Name: GUNFEST WAIVER OF LIABILITY / ASSUMPTION OF RISK AND INDEMNITY
Agree & Sign