PLEASE READ CAREFULLY. This is a legally binding agreement. By signing below, you give up important legal rights, including the right to sue. Do not sign this document unless you have read and understood it in its entirety.
1. Parties
This Release of Liability, Waiver of Claims, Assumption of Risk, and Indemnity Agreement (the “Agreement”) is entered into by and between the undersigned participant, spectator, visitor, volunteer, instructor, employee, or contractor (the “Participant,” “I,” or “my”) and Tier 1 Tactical, LLC, together with Shane Schrader (individually and as owner of the real property located at 3229 120th Street, Amana, Iowa 52203), and each of their respective members, managers, officers, directors, employees, agents, instructors, contractors, volunteers, successors, assigns, heirs, landlords, and insurers (collectively, the “Releasees”).
2. Activities Covered
This Agreement applies to any and all activities and presence on or about the premises located at 3229 120th Street, Amana, Iowa 52203 (the “Premises”), including but not limited to: live-fire shooting of firearms (rifle, pistol, shotgun, and other firearms); dry-fire drills; firearms training, instruction, and classes; handling, loading, and unloading of firearms and ammunition; use of targets, target stands, steel targets, and range equipment; spectating, observing, or accompanying shooters; competitions, matches, and events; setup, maintenance, and tear-down activities; operation of vehicles on the Premises; and any other activity that takes place on or near the Premises (collectively, the “Activities”).
3. Assumption of Risk
I understand, acknowledge, and agree that firearms and shooting activities are INHERENTLY DANGEROUS and involve a significant risk of SERIOUS BODILY INJURY, PERMANENT DISABILITY, AND DEATH to myself, other Participants, and bystanders.
The risks include, but are not limited to:
- Accidental or intentional discharge of firearms; negligent handling of firearms by myself or others.
- Gunshot wounds; ricochet, splash-back, shrapnel, fragmentation, and projectile debris from targets, the ground, berms, or other surfaces.
- Hearing loss and permanent damage from gunshot noise; eye injury from hot brass, powder, debris, or projectiles.
- Burns from hot firearms, hot brass, or muzzle flash; lacerations, cuts, pinches, and bruises from firearms and magazines.
- Lead and heavy-metal exposure; exposure to smoke, powder residue, and chemicals.
- Falls, trips, and slips on uneven terrain, grass, gravel, mud, ice, snow, or other conditions; weather-related risks including heat, cold, lightning, and precipitation.
- Contact with insects, animals, plants, and other natural hazards; encounters with wildlife.
- Injuries caused by the negligence, recklessness, or intentional acts of other Participants, spectators, instructors, employees, contractors, volunteers, or third parties.
- Failure, malfunction, or misuse of firearms, ammunition, safety equipment, range equipment, vehicles, or facilities. Inadequate or inaccurate instruction, supervision, or safety warnings.
- The condition of the Premises, including known and unknown defects.
- Medical emergencies, heart attacks, strokes, or other health events, and delay in receiving emergency medical care due to the rural location of the Premises.
I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS, both known and unknown, inherent and otherwise, associated with the Activities and my presence on the Premises, even if arising from the NEGLIGENCE of the Releasees or others, and I assume full responsibility for my participation.
4. Release and Waiver of Claims
In consideration of being permitted to enter the Premises and participate in the Activities, I, for myself and on behalf of my spouse, children, parents, heirs, assigns, personal representatives, estate, and next of kin, HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Releasees from any and all liability, claims, demands, actions, and causes of action whatsoever, including but not limited to those arising out of or related to any loss, damage, injury, illness, disability, or death that may be sustained by me, or to any property belonging to me, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, while participating in the Activities or while on, entering, or leaving the Premises.
5. Indemnification and Hold Harmless
I agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Releasees from and against any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including reasonable attorneys’ fees, brought as a result of my involvement in the Activities, my presence on the Premises, or my breach of this Agreement, and to reimburse the Releasees for any such expenses incurred.
6. Range Rules and Safe Firearms Handling
I agree to obey all posted range rules, all verbal instructions and commands from range officers, instructors, and staff, and all applicable federal, state, and local laws. I specifically agree to follow the four fundamental firearms safety rules at all times: Treat every firearm as if it is loaded. Never point a firearm at anything you are not willing to destroy. Keep your finger off the trigger until your sights are on the target and you have made the decision to shoot. Be sure of your target and what is beyond it. I understand that failure to follow range rules or safety instructions may result in my immediate removal from the Premises without refund and may void any assumption of risk undertaken by the Releasees, but shall NOT limit my assumption of risk, release, or indemnity obligations under this Agreement.
7. Required Safety Equipment
I agree to wear appropriate eye and ear protection at all times while on the active range and to use any additional safety equipment required by range staff. I acknowledge that I am responsible for my own safety equipment unless it is expressly provided to me.
8. Fitness and Medical Condition
I represent that I am physically and mentally fit to participate in the Activities, that I am not under the influence of alcohol, illegal drugs, or any medication that impairs judgment, vision, or coordination, and that I am not prohibited by federal, state, or local law from possessing firearms or ammunition. I authorize the Releasees, in the event of an injury or medical emergency, to arrange for emergency medical care at my sole cost and expense, and I release the Releasees from any claim arising out of such emergency care or the decision to seek (or not to seek) such care.
9. Photo, Video, and Media Release
I grant the Releasees permission to photograph, film, video record, and audio record me during the Activities and to use such images and recordings in any media for lawful business, promotional, or educational purposes, without compensation to me.
10. Insurance
I acknowledge that the Releasees do NOT carry medical, accident, or health insurance for Participants, spectators, or guests. I am solely responsible for my own medical, hospital, disability, and life insurance coverage and for any medical expenses I incur as a result of the Activities.
11. Governing Law; Venue; Severability
This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa, without regard to its conflict-of-laws provisions. The exclusive venue for any dispute arising out of or relating to this Agreement shall be the state or federal courts located in Iowa County, Iowa (or the nearest court of competent jurisdiction). If any provision of this Agreement is held to be unenforceable, the remaining provisions shall continue in full force and effect, and the unenforceable provision shall be reformed only to the extent necessary to make it enforceable.
12. Entire Agreement
This Agreement contains the entire agreement between the parties regarding the subject matter and supersedes all prior oral or written understandings. No modification is valid unless in writing and signed by an authorized representative of Tier 1 Tactical, LLC.
13. Acknowledgment
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME. I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.