Legal Notice/Release from Liability
As firearm training is an activity considered inherently dangerous, you will be required to read and sign the release of liability form at the beginning of all classes. A copy of our contract is below:
ASSUMPTION OF RISK, RELEASE OF LIABILITY & WAIVER OF CLAIMS AGREEMENT FOR HAMMER DOWN FIREARMS TRAINING, LLC
In consideration for being allowed to use the facilities and/or equipment provided by Hammer Down Firearms Training, LLC and Pasture Prime Farm, (collectively referred to herein as the "Released Parties") and to participate in firearms shooting and all related activities, (collectively the "Activities") provided by any and/or all of the Released Parties, the Participant hereby agrees, to the fullest extent permitted by law, as follows:
a) TO WAIVE ALL CLAIMS that Participant has or may have against the Released Parties, and/or their respective owners, affiliates, members, employees, and/or agents arising out of the inherent risks of participating in the Activities, which inherent risks include, but are not limited to, firearm and equipment malfunction or failure, terrain and weather conditions and/or the decision-making of Participant, other participants, and/or any employees or agents of the Released Parties;
b) TO ASSUME ALL RISKS INHERENT IN PARTICIPATING IN THE ACTIVITIES. Participant understands and agrees that FIREARMS USE AND SHOOTING ACTIVITIES ARE HAZARDOUS, and Participant expressly assumes all risk of damage to property, injury and/or death arising from, and/or related to, the inherent risks of the Activities, including but not limited to those set forth above in Section (a); and
c) TO RELEASE the Released Parties, and their respective owners, members, affiliates, employees, and/or agents, from all liability for any loss, damage, injury, or expense that the Participant [and/or his/her next of kin] may suffer, arising out of the inherent risks of participation in the Activities, including but not limited to those set forth above in Section (a), whether caused by the carelessness or negligence of Released Parties, their agents or assigns, or other Participants.
Personal Responsibility
Participant certifies that Participant has no physical or mental condition that precludes him/her from participating in the Activities and that he/she is not participating against medical advice.
Participant certifies that he/she has not consumed alcohol or illegal drugs (including medical or recreational marijuana) for at least 24 hours prior to participation in the Activities.
Participant understands that Participant's participation in the Activities is voluntary and further understands that he/she has had the opportunity to inspect the Released Parties' equipment and facilities before any participation and has read and understands the rules and procedures of the Activities as provided by Released Parties.
Participant understands that Participant is obligated to follow the rules and procedures of the Activities. Participant further agrees that he/she will not participate in the Activities unless he/she has is fully aware of the rules and procedures and has no further questions or concerns.
Participant understands that Hammer Down Firearms Training and Pasture Prime Farms do not provide any insurance for the benefit of Participant.
If, prior to participating in the Activities, the Participant observes any unusual hazard or condition, which he/she believes jeopardizes Participant's personal safety or that of others, Participant will remove himself/herself from participation in the Activities and immediately bring said hazard or condition to the attention of the Released Parties.
To the extent that Participant is using his/her own equipment, Participant certifies that all of his/her equipment has been legally manufactured and obtained and is in good working order and is fully suitable for the purposes intended.
During the course of any instruction, Participant may be touched or physically guided or assisted. Participant acknowledges the necessity of said actions in order to participate and acknowledges that said actions shall not constitute inappropriate physical or sexual contact, abuse, or harassment.
Governing Law, Use of Agreement, Venue, and Certification
This Agreement shall be governed by the law of the State of New York. To the extent that any portion of this Agreement is deemed to be invalid under the law of the State of New York, the remaining portions of the Agreement shall remain binding and available for use by the Released Parties and their counsel in any proceeding. More specifically, Participant understands and agrees that this Agreement contains an acknowledgment of, and agreement to assume, the inherent risks of the Activities and may be used in court to prove same, regardless of whether a court chooses to enforce the waiver and release aspects of this document.
I UNDERSTAND THAT MY PARTICIPATION IN THE ACTIVITIES IS VOLUNTARY. I CERTIFY THAT I AM OVER THE AGE OF EIGHTEEN (18). I HAVE READ THE ABOVE WAIVER, ASSUMPTION OF THE RISK AGREEMENT, AND RELEASE, AND I UNDERSTAND THEIR TERMS. I FURTHER UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS DOCUMENT, HAVE NOT CHANGED IT ORALLY, AND SIGN IT VOLUNTARILY, KNOWINGLY AND INTELLIGENTLY.
Participant's Name (Printed):
Participant's Signature:
Date:
Pistol License # (for pistol courses only):
