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Release, Indemnity and Assumption of Risk Agreement

Release, Indemnity and Assumption of Risk Agreement

As consideration for being permitted by Associated Gun Clubs of Baltimore, Inc., a Maryland non-stock corporation (the “AGC”), to enter onto or into, or use or otherwise engage in Activities (as defined below) at, the Range (as defined below), and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby agree as follows:

I, on behalf of myself, and on behalf of my heirs, personal representatives, next of kin, successors, and assigns (collectively, “My Representatives”), agree that each time that I enter onto or into, or otherwise use, the ranges, buildings, facilities, equipment, and/or other property owned, leased or otherwise operated or made available by the AGC, and/or equipment and/or other property owned, leased or otherwise operated or made available by persons other than the AGC while in or on the AGC’s ranges or other buildings and facilities (all of the foregoing are individually and collectively referred to herein as the “Range”), I do so voluntarily after having carefully read this Release, Indemnity and Assumption of Risk Agreement (this “Agreement”) and considering and accepting the risks and other matters discussed herein, and that the terms of this Agreement shall apply to each and every such entry, use or observance.  In addition to entering onto or into, or using, the Range, the activities in which I might engage on, in, or at the Range and that are the subject of this Agreement (each, an “Activity” and collectively, “Activities”) include, without limitation, the handling, use and discharge of firearms, the observation of such handling, use and discharge of firearms, the participation in (and/or the observation of) the provision or receipt of services and training at the Range, including services and training provided by persons (including clubs) who are not affiliated with or sponsored by the AGC, and the participation in (and/or the observation of) various other events relating to or involving the shooting sports, including events hosted, sponsored or operated by persons (including clubs) who are not affiliated with or sponsored by the AGC. 

I acknowledge and agree that the handling and use of firearms and related activities are inherently hazardous and involve both known and unanticipated risks that could result in damage to or destruction of property and/or physical or emotional injury, including paralysis, death, or significant bodily injury, of or to myself or another person.  These risks include, without limitation:  (i) being shot or otherwise injured by myself or others; (ii) partial or total loss of eyesight or hearing; (iii) inhalation or other harmful contact with lead and other contaminates; and (iv) being struck by flying or falling objects, including, without limitation, on account of ricochets of bullets and other projectiles.  I understand that such risks cannot be eliminated without compromising the essential qualities of shooting activities at the Range.

I acknowledge and agree that the AGC makes no representation or warranty as to the design, manufacture, condition, or fitness for any particular purpose or use of (i) the Range, including, without limitation, its ventilation systems, bullet impact areas, backstops, shooting lanes, shooting benches, target frames or stands, or first-aid supplies, or (ii) any firearms, ammunition, optics or similar equipment located or used at the Range, whether owned, leased or supplied by the AGC.

I acknowledge and agree that the AGC has no duty to investigate or confirm the skills, experience, training, mental health or state, or legal status or rights of any person who is present at the Range and that the AGC makes no representation or warranty with respect thereto. 

I acknowledge and agree that the AGC has no duty to undertake first-aid or rescue operations or procedures in the event of any property damage or any physical or emotional injury that occurs at or in connection with any use of the Range, and that any such operations or procedures that might be undertaken could result in compounded or increased damages or injuries.

I, on behalf of myself and each of My Representatives, hereby RELEASE AND DISCHARGE, and agree to INDEMNIFY AND HOLD HARMLESS, the AGC and its trustees, officers, employees, contractors, agents, attorneys, volunteers, and other representatives (each, an “AGC Representative”) from and against all demands, suits, claims, actions or causes of action, assessments, losses, damages, costs, judgments, expenses, including, without limitation, interest, penalties, reasonable attorneys’ fees, disbursements and expenses, and reasonable consultants’ fees, disbursements and expenses, and all other liabilities, imposed on, asserted against, or incurred by me or any of My Representatives that are based on, arise out of, or result from, directly or indirectly, my engagement in any Activity. 

I agree that the laws of the State of Maryland (without regard to any conflict of laws principle that would apply the law of another jurisdiction) shall govern this Agreement in all respects, whether as to its validity, construction, capacity, performance or otherwise.  I further agree that any judicial proceeding arising out of or relating to this Agreement (including any declaratory judgments) shall be filed exclusively in the State and Federal courts located in Maryland, and each Party hereby consents to, and will submit to, the personal and subject matter jurisdiction of such courts in any proceeding to enforce any of their obligations under this Agreement and shall not contend that any such court is an improper or inconvenient venue.

I agree that this Agreement is intended to be as broad and inclusive as is permitted by Maryland law, and that if any provision or portion is held to be valid, void, or otherwise unenforceable, the remaining provisions or portions shall continue and remain in full legal force and effect.

I acknowledge and agree that my Activities, including audio thereof, may be photographed, videotaped, recorded, or otherwise captured electronically by the AGC. 

I HAVE READ THIS AGREEMENT, UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND AGREE TO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
 

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