POSSUM
PISTOL ACADEMY
Release, Waiver, Indemnification, Hold Harmless and Assumption of the Risk
Agreement.
WHEREAS, in consideration of being permitted
to attend a course for instruction in firearms, for the instruction in firearms,
for use of premises, and for other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, Undersigned agrees to the following:
Undersigned
agrees to indemnify, hold harmless and defend Thomas Roy Hill (hereinafter referred
to as “Instructor”) and any other Instructor hired or employed by
Thomas Roy Hill, whether named or not, from any and all fault, liabilities,
costs, expenses, claims, demands, or lawsuits arising out of, related to, or
connected with: Undersigned’s presence at and/or participation in the course
of instruction; the discharge of firearms by Undersigned; Undersigned’s
presence on or use of the range, building, land, and premises (“Premises”);
and any and all acts or omissions of Undersigned.
Undersigned furthermore waives for himself/herself
and for his/her executors, personal representatives, administrators, assignees,
heirs, and next of kin any and all rights and claims for damages, losses, demands,
and any other actions or claims whatsoever, which he/she may have or which may
arise against Instructor, or any other Instructor, (including but not limited
to the death of Undersigned and/or any and all injuries, damages or illnesses
suffered by Undersigned or Undersigned’s property), which may, in any way
whatsoever, arise out of, be related to or be connected with the course of instruction,
the Premises, (whether or not entrusted to the Instructor) and the discharge
of firearms. Instructors shall not be liable for, and Undersigned, on behalf
of himself/herself, and on behalf of his/her executors, personal representatives,
administrators, assignees, heirs and next of kin, herby expressly releases the
Instructors from any and all such claims and liabilities.
Undersigned hereby agrees he/she understands and
expressly assumes the risk of taking part in the course of instruction in firearms
and taking party in the activities on the Premises, which include, but are not
limited to, instruction in the use of firearms, the discharge of firearms, and
the firing of live ammunition.
Undersigned agrees that the Instructor, or Instructors,
at any time while Undersigned has undertaken the course of instruction, may,
in his/her/its sole discretion, determine that Undersigned has violated a rule,
or rules of the range or of the Instructor, and that the Instructor may require
the removal of the Undersigned from the premises, without refund, as he/she/it
finds fit.
Undersigned hereby acknowledges and agrees that
Undersigned has read this instrument and understands its terms and is executing
this instrument voluntarily. Undersigned furthermore hereby acknowledges and
agrees that he/she has read, understands and will at all times abide by all
range rules, procedures and other rules and procedures stated by the Instructor.
Undersigned expressly agrees that this instrument
is intended to be as broad and inclusive as permitted by law, and that if any
provision of this instrument is held invalid or otherwise unenforceable, the
enforceability of the remaining provisions shall not be impaired thereby. No
remedy conferred by any of the specific provisions of this instrument is intended
to be exclusive of any other remedy, and each and every remedy shall be cumulative
and shall be in addition to every other remedy now or hereafter existing at
law or in equity or by statute or otherwise. The election of any one or more
remedies hereunder by the Instructor shall not constitute any
waiver of Instructor’s right to pursue other available remedies.
This instrument binds Undersigned and his/her executors, personal representatives, administrators, assignees, heirs, and next of kin.
UNDERSIGNED:__________________________________________________________
PRINT NAME:______________________________________________________________
DATE:______________________________