RELEASE AND HOLD HARMLESS AGREEMENT STANDING IN THE GAP GUN CLUB OF ORANGE COUNTY, LLC (S.I.T.G.G.C. OF OC)
All persons participating in S.I.T.G.G.C. Activities shall be bound by this Release and Hold Harmless Agreement
Standing In The Gap GC moral and ethical code of conduct applies to all members, potential members and guest towards our membership and the general public.• No violence toward any members or the public will be tolerated under any circumstance.• No sexual harassment toward any members or the public will be tolerated under any circumstance.• No members with a record of a “Violent Felony” will be allowed to become members of Standing In The Gap GC.• No Alcohol consumption before or during a meeting will be tolerated under any circumstance at a Standing In The Gap GC event.• This is a private organization and all potential members must apply and can be declined at the discretion of the Chapter Leadership. No racist, sexist, anti – religious, or homophobic statements will be tolerated by any Standing In The Gap GC members. Additionally, no verbal discussions or statements advocating any acts of violence toward Police, Military, and/or Government officials will be allowed. This will be grounds for immediate termination of that member and/or entire Club.
1. Acknowledgement of Danger. I acknowledge that engaging in sport shooting is dangerous. I further acknowledge that no matter what precautions I may take, including but not limited to the wearing of various types of protective gear (including hearing and eye protection), that I could experience injury of a very serious nature and/or die as a result of an accident or incident. I therefore engage in such activities voluntarily and at my own risk.
2. Assumption of Risks. I acknowledge and represent that I am familiar with the significant risks and dangerous nature, including but not limited to causing death or serious bodily injury to myself and others, and causing damage(s) to property, which originate from participating and otherwise engaging in sport shooting. I hereby assume any and all responsibilities and liabilities pertaining to such risks, whether to myself or to others and without limitation or qualification. There have not been any express or implied representations to you on behalf of Standing in the Gap Gun Club of Orange County, LLC (S.I.T.G.G.C. of OC) except as set forth in this Agreement.
3. Physical and Mental Condition. I acknowledge that at the time of signing the Shooting Range Agreement I am in sufficient physical and mental condition to engage in sport shooting on the Range.
4. Condition of Equipment. I have, prior to engaging in any sport shooting at the Shooting Range, determined that, by professional standards, my shooting equipment, ammunition and all corresponding items are in good condition and suitable for the shooting contemplated by this Release Agreement.
5. Comprehensive Release. I do hereby, on behalf of myself and my heirs executors, administrators, assigns and legal and personal representatives, unconditionally and irrevocably release and discharge Standing in the Gap Gun Club of Orange County, LLC (S.I.T.G.G.C. of OC) and Standing in The Gap Gun Club, their successors, assigns, owners, members, managers, officers, directors, shareholders, employees, agents, representatives, attorneys, independent contractors, subsidiaries, and affiliates and each, every and all persons acting by, through, under or in concert with any of them (collectively, “Released Parties”). I further do hereby on behalf of myself and my heirs, executors, administrators, assigns and legal and personal representatives agree not to sue, or otherwise initiate legal, equitable or similar action or to otherwise file a complaint or other action for controversy resolution or otherwise seek losses, costs or expenses of any nature whatsoever, known or unknown, suspected or unsuspected, fixed or contingent, including without limitation, wrongful death, and any and all personal injuries, known or unknown, and death and/or personal injuries to third parties, and injuries to property, real or personal, known or unknown, against any of the Released Parties, caused by any reason whatsoever related to my sport shooting on or about the Company’s premises and/or facilities. This Release shall pertain to any claims which were known or unknown, anticipated or unanticipated at the time of the execution of the Firearm Shooting Range Use Agreement, including any information of any nature which, if known by me on the date of said execution, may have materially affected my decision to execute the Firearm Shooting Range Use Agreement and specifically this Release.
6. WAIVER OF CALIFORNIA CIVIL CODE SECTION 1542. I acknowledge and agree that by reason of the Release set forth in paragraph 5 above, I am assuming all risk of bodily injury, death or property damage and all other unknown and unanticipated claims, and I agree that my Release of all Released Parties contained in this Release applies thereto. In connection therewith, I expressly waive whatever benefits I may have under Section 1542 of the California Civil Code, which reads as follows: “A General Release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
7. Indemnity. I hereby indemnify, without qualification or limitation, the Released Parties and defend and hold the Released Parties harmless from and against any and all claims, causes of action, demands or charges of every kind and nature, which any third party or person may claim to have or to hold for property damage or personal injuries or any other damages including death, arising from any cause or reason, of every kind and nature pertaining to this Release Agreement originating from my relationship with any of the Released Parties and any activity directly or indirectly arising from or contemplated by this Release Agreement.
8. Governing Law; Attorney’s Fees. This Release Agreement shall be governed by, and construed in accordance with the laws of the State of California. Should any party hereto institute any action or proceeding against the other party at law or in equity, or in connection with an arbitration, in connection with this Release Agreement, the prevailing party from such action shall be entitled to recover from the losing party or parties all attorneys’ fees and costs for service rendered to the prevailing party in such action or proceeding.
9. Additional Regulations. I have read and understand, and I agree to follow the regulations set forth in the separate document entitled “Firearm Shooting Range Safety Use Rules,” a copy of which has been provided to me by Standing in the Gap Gun Club of Orange County, LLC (S.I.T.G.G.C. of OC). I also understand that hearing and eye protection (even while using a scope) are mandatory at all parts of the Shooting Range areas for all persons at all times. I agree that I will not fire or discharge any firearm or gun except in areas so designated by Standing in the Gap Gun Club of Orange County, LLC (S.I.T.G.G.C. of OC). Any ammunition purchased or obtained from Standing in the Gap Gun Club of Orange County, LLC (S.I.T.G.G.C. of OC) will only be used at its Shooting Range.
My agreement, above, on the RELEASE AND HOLD HARMLESS AGREEMENT STANDING IN THE GAP GUN CLUB OF ORANGE COUNTY, LLC (S.I.T.G.G.C. OF OC) evidences that I have read this entire Release and Hold Harmless Agreement, understand it completely, and agree to be bound by its terms.
Standing in the Gap Gun Club