Gun Range (Club) question
This is a BRAND NEW membership renewal application for a gun club I belong to.
In all the years I've been there, never had anything like this before.
Would you sign it?
In place of the Club's name, I put "The Range"
(P.S. NEW board of directors this year.)
Participant's Agreement Of Release Of Waiver Of Liability
Warning: This Document Limits Your Legal Rights.
You May Wish TO Consult With An Attorney Before Signing.
I_____________, hereby agree to the following:
1. That I am participating in the use of the "The Range" and I understand the risks and hazards involved, and I recognize serious and potentially life-threatening injuries can occur while shooting a firearm or participating with others on this range.
2. I realize that "The Range" has no affiliation and/or participation with any firearms training course other than use of the range once the requirements of the range protocol are understood and fulfilled. "The Range" does not, in any way, sponsor and/or promote any firearms class and/or that which is taught in any firearms course.
3. I have read and understood "The Range" protocol and agree to strictly adhere to the regulations and requirements set forth.
4. I understand that it is my responsibility to be physically fit and I represent that I am physically fit and I have no medical, psychological, or other condition, which would prevent my participation in any firearms training course or use of the range.
5. I realize that liability may arise from negligence or carelessness on the part of the persons or entities being released for any claims for defective equipment or property owned, maintained or controlled by them or because of their possible liability without fault.
6. In consideration of being permitted to participate in the activities of any firearms training course, I agree to assume full responsibility for any and all risks, injuries, or damages, known or unknown, which I might incur as a result of participation in any course.
7. In further consideration of being permitted to participate in the use of "The Range" I, my legal heirs, executors, administrators, next of kin, successors, or legal representatives knowingly, voluntarily, and expressly waive, release, discharge, hold harmless and promise to indemnify and covenant not to sue "The Range", its agents, officer, directors, shareholders, employees, instructors, volunteers, or representatives and relinquish any and all claims that I or my estate, my heirs, or any person claiming under me completely and without reservation as a condition of my participation in the course that I may have against "The Range", it's agents, officers, directors, shareholders, employees, instructors, volunteers, or representatives from any and all injuries or damages of whatsoever kind and nature that I may sustain as a result of participation in the use of the range.
8. I herby consent to receive medical treatment, which may be deemed advisable in the event of an injury, accident and/or illness during or after my use of the range. I have read the above release and waiver of liability and fully understand it's contents and I agree to the terms and conditions stated above.
Signed________Date________
In all the years I've been there, never had anything like this before.
Would you sign it?
In place of the Club's name, I put "The Range"
(P.S. NEW board of directors this year.)
Participant's Agreement Of Release Of Waiver Of Liability
Warning: This Document Limits Your Legal Rights.
You May Wish TO Consult With An Attorney Before Signing.
I_____________, hereby agree to the following:
1. That I am participating in the use of the "The Range" and I understand the risks and hazards involved, and I recognize serious and potentially life-threatening injuries can occur while shooting a firearm or participating with others on this range.
2. I realize that "The Range" has no affiliation and/or participation with any firearms training course other than use of the range once the requirements of the range protocol are understood and fulfilled. "The Range" does not, in any way, sponsor and/or promote any firearms class and/or that which is taught in any firearms course.
3. I have read and understood "The Range" protocol and agree to strictly adhere to the regulations and requirements set forth.
4. I understand that it is my responsibility to be physically fit and I represent that I am physically fit and I have no medical, psychological, or other condition, which would prevent my participation in any firearms training course or use of the range.
5. I realize that liability may arise from negligence or carelessness on the part of the persons or entities being released for any claims for defective equipment or property owned, maintained or controlled by them or because of their possible liability without fault.
6. In consideration of being permitted to participate in the activities of any firearms training course, I agree to assume full responsibility for any and all risks, injuries, or damages, known or unknown, which I might incur as a result of participation in any course.
7. In further consideration of being permitted to participate in the use of "The Range" I, my legal heirs, executors, administrators, next of kin, successors, or legal representatives knowingly, voluntarily, and expressly waive, release, discharge, hold harmless and promise to indemnify and covenant not to sue "The Range", its agents, officer, directors, shareholders, employees, instructors, volunteers, or representatives and relinquish any and all claims that I or my estate, my heirs, or any person claiming under me completely and without reservation as a condition of my participation in the course that I may have against "The Range", it's agents, officers, directors, shareholders, employees, instructors, volunteers, or representatives from any and all injuries or damages of whatsoever kind and nature that I may sustain as a result of participation in the use of the range.
8. I herby consent to receive medical treatment, which may be deemed advisable in the event of an injury, accident and/or illness during or after my use of the range. I have read the above release and waiver of liability and fully understand it's contents and I agree to the terms and conditions stated above.
Signed________Date________
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No way. 0 -
Looks to be a pretty standard disclaimer type of agreement. Same like the one I've signed. But that does not mean that you cannot sue them for injuries resulting from negligence or criminally initiated events. It's basically there in the agreement because people can be pretty stupid and they can do pretty stupid things and then they usually expect/demand that anyone else make good for their stupidity. So, if you do something stupid and get hurt, oh well... If someone else does something stupid and you get hurt, you can sue them AND also the range if it's because of negligence on the part of the range. 0 -
Looks pretty tame to me. I'm no lawyer but I don't think that release form would do anything for 'the range' if negligence was found. And if negligence isn't found, then....no lawsuit, imho. 0 -
This is the one we typed up for our club . Gotta cover your six !!!
General Release
I _______________________________ , in consideration of being granted the
Privilege of using the Fairview Rifle Range, the sufficiency of which consideration is
hereby admitted, Release and Hold Harmless Fairview Gun Club, its offices, members
and agents, of and from any and all loss, damage, liability, injury, death, claim,
complaint, judgment or other thing whatsoever arising out of, in connection with or
during my use of the said Fairview Gun Club Rifle Range & Archery Range.
This Release includes any loss, injury, death or damage suffered by myself, or others
and will remain in full force and in effect for Life of Membership from the date hereof.
I acknowledge that I have read and understand this Release and have been informed
that if I do not understand I should not sign this or use the Rifle Range or the Archery
Range but should first consult with my attorney. I also acknowledge that I will abide by
the rules and Regulations of the Fairview Gun Club with respect to the Rifle Range &
Archery Range, including but not limited to the condition that I will not use the Rifle
Range or the Archery Range after consuming any alcoholic beverages.
Members must sign Liability release before using the Rifle Range or the Archery
Range after release is posted.
IN WITNESS WEREOF, and intending to be legally bound herby, I have set my hand
and seal.
Date: _______________ Signature: _____________________________________0 -
Sounds similar to the waver you have to sign to enter the pits at a race track.
Basicly it's saying that you won't hold the range responsible for your or a fellow shooters stupidity.
Where it won't hold up is if the range itself does something stupid (and it's up to you to proove that they did) IE If they put the 25yd bench next to the 100yd target stands, than they will be found liable.0 -
I had to sign a waiver very similar to that for my son to participate in Paint-Ball wars ... 10 years ago.
If anything bad happens, attorneys will do what attorneys do best ... rip that waiver to shreds.0 -
My hunting buddy and good friend presented one to me to hunt on his plantation. I told him he should have done it years ago. I signed it. What is forgotten about is the person who does the wrong. If another shooter or hunter harms me I am going after them not the owner of the property. Be carefull out there. 0 -
A sad thing that today we live with...lawyers winning cases that a decent person never would have brought.
We inhabit a world of crooks, swindlers, and fast buck artists....commonly called 'American citizens'..God forbid that one actually takes responsibility for ones own stupidity..rather sue someone else for big bucks.
The death of decency and common sense, Pickinup, forces the document you hold in your hand.0 -
We have to sign something like this at my range. I don't have a problem with it. 0 -
I don't think YOU can sign away your Heirs or next of kins rights so that part is probably meaningless. 0 -
some of you people think way into things are so paranoid its crazy. Sign the paper 0 -
Our range and club has insurance. 0 -
what a novel idea, being asked to be responsable for your own actions. 0 -
pickenup,
I wouldn't worry about item 7, if that's why you highlighted it in red. First the parties mentioned didn't sign it.
It is a sorry situation that we have to go around and say that we need to protect ourselves from someone doing something stupid around us. But, for the range to continue to operate it means people have to take responsibility for themselves. How much will always remain a matter for the courts to decide.
I would personally like it more if it were worded to mean that you can take someone to task if they are 'criminally negligent' and not just negligent. For instance, if someone disobeyed safety rules or range rules and someone was hurt by it. The individual could be held accountable in both civil and criminal court. The range won't be held accountable. If something were to happen accidentally, say an action blew up and the guy sitting to the right caught a piece of shrapnel, he couldn't come back and sue the individual or the range. We do carry liability for that kind of thing though. To cover the medical costs.0 -
Want to know why you see documents like this? Law suits from "hunters" trespassing on another's land, and stepping in a stump hole, and suing the landowner. There have been cases where smimmers wade into the ocean, step in a hole, and sue the county that adjoins the ocean. Sign the paper. Some folks just seem to want to play "My lawyer can whip your lawyer!" FWIW, there is also a legal principle that addresses "assumption of risk". If you go to a ball game, there is a risk of being hit by a foul ball. You assumed that risk when you went to the game. No suit. There is a chance of damaging your hearing if you don't wear muffs/ plugs on the line- you assume that risk. Me- I'd love to have a good 1000 meter range where I live- had to go find some farmers with BIG bean fields and groundhog problems! 0 -
These waivers aren't worth the paper they're signed on. I'd go ahead and sign it.
As an insurance adjuster for 15 years, we had more than enough clients tell us that so-and-so signed a waiver. Unfortunately, you can't sign away liability if you've been negligent. This really is no different than hanging a sign on your lawn stating, "Not responsible for errant bullets." If you strike someone with a bullet, you're liable.0
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