I,_______________________________ (hereinafter sometimes referred to as "Student") desire, upon paying the required fees and deposits, to enroll and participate in a firearms safety course of instruction provided by Thunder Ranch Training LLC, a Texas limited liability company (“Thunder Ranch Training”). I understand and agree that my execution of this RELEASE AND INDEMNITY AGREEMENT (this "Agreement") is a requirement for my participation in the selected Thunder Ranch Training course, and is part of the consideration I provide, along with any required fees and deposits. I understand that my refusal to execute this agreement will constitute a failure of consideration and I will be refused admission to the Thunder Ranch Training course. The "Premises" for purposes of this agreement is that property located in Lake County, Oregon, more particularly described in Exhibit Aattached hereto, which is leased by Thunder Ranch Training and on which Thunder Ranch conducts various instructional courses. I understand and acknowledge that Thunder Ranch Training does not own the real estate, or its improvements and facilities, at which Thunder Ranch, courses are taught.
RELEASE
Student, acting for myself, my heirs, executors, administrators, legal representatives, successors and assigns, does hereby FULLY, FINALLY AND COMPLETELY WAIVE, RELEASE, ACQUIT, AND FOREVER DISCHARGE THUNDER RANCH TRAINING AND ITS AFFILIATES, THUNDER RANCH HOLDINGS LLC, A TEXAS LIMITED LIABILITY COMPANY, AND THUNDER RANCH REAL ESTATE
LLC, A TEXAS LIMITED LIABILITY COMPANY, AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND CONTRACTORS (SOMETIMES HEREINAFTER REFERRED TO INDIVIDUALLY AS A “RELEASED PARTY” OR COLLECTIVELY AS THE "RELEASED PARTIES") AND ALL OTHERS FOR WHOM THE RELEASED PARTIES HEREIN MAY BE VICARIOUSLY OR OTHERWISE LIABLE, FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, OBLIGATIONS AND DAMAGES OF EVERY KIND, OF WHATSOEVER NATURE, KNOWN AND UNKNOWN, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, WHICH MAY
EVER ACCRUE, INCLUDING BUT NOT LIMITED TO CLAIMS FOR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER BASED IN CONTRACT, TORT OR STATUTE (INCLUDING BUT NOT LIMITED TO ANY STATUTES AND/OR CODES COMMONLY REFERRED TO GENERALLY AS CONSUMER PROTECTION ACTS OR STATUTES UNDER STATE OR FEDERAL LAW) (COLLECTIVELY, “CLAIMS”), ARISING OUT OF, RESULTING FROM, OR IN ANY MANNER RELATING TO STUDENT'S PARTICIPATION IN A THUNDER RANCH TRAINING INSTRUCTIONAL COURSE, OR
STUDENT'S PRESENCE ON THE PREMISES, EXCEPT TO THE EXTENT ANY CLAIMS DIRECTLY RESULT FROM THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF A RELEASED PARTY.
STUDENT ACKNOWLEDGES THAT THE FOREGOING WAIVER AND RELEASE INCLUDES AND APPLIES TO CLAIMS RESULTING FROM THE ORDINARY NEGLIGENCE (BUT NOT THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT) OF THUNDER RANCH TRAINING AND THAT IT EXTENDS TO AND INCLUDES ALL DAMAGES OF EVERY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO COMPENSATORY, INDIRECT, SPECULATIVE, AND PUNITIVE DAMAGES.
INDEMNIFICATION AND DEFENSE
Further, Student hereby agrees to INDEMNIFY, FOREVER DEFEND, AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS SUFFERED OR ACCRUED BY STUDENT OR ANYONE ELSE, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, RESULTING FROM STUDENT’S PARTICIPATION IN A THUNDER RANCH TRAINING INSTRUCTIONAL COURSE, OR OTHERWISE RESULTING FROM ANY ACTIONS OR INACTIONS OF STUDENT ON THE PREMISES, EXCEPT TO THE EXTENT ANY CLAIMS DIRECTLY RESULT FROM THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF A RELEASED PARTY.
WARRANTIES AND REPRESENTATIONS
Student, by his or her execution of this document, acknowledges, admits, and represents as follows:
1. That there is valid and sufficient consideration to the Student to secure Student's performance of this
agreement;
2. That this agreement, itself, is an "offer" to Student;
3. That Student's signature on this agreement is absolute and conclusive evidence of Student's "acceptance" of the offer;
4. That Student is legally competent, capable and qualified to execute this agreement, including but not limited to being of sound mind, is at least 18 years of age (unless Student is a Minor and a parent or guardian of the Minor is executing this Agreement with them), is not limited by any court order, and is not impaired by any mind-altering substances;
5. That this agreement is binding on Student as well as Student's heirs, executors, administrators and assigns; That Student is mentally and physically capable, in all respects, to safely complete the Thunder Ranch Training instructional course;
6. That Student is aware of the risks and hazards inherent in participating in a course involving the manipulation and firing of firearms by the Student and others, as well as the use of knives, impact weapons and other kinds of weapons, and hereby ELECTS, VOLUNTARILY, TO UNDERTAKE AND ASSUME ALL RISKS AND HAZARDS, KNOWING THAT SUCH RISKS ARE HAZARDOUS AND DANGEROUS;
7. That Student voluntarily agrees to assume all risks, damages, or injuries, including death, that may be sustained by the undersigned while participating in the Thunder Ranch Training instructional course or while being on the premises, regardless of the manner in which the injury or death may occur;
8. That Student will exercise extreme caution and care at all times, with all weapons, ammunition and equipment while on, and traveling to and from, the premises;
9. That while using firearms in the Thunder Ranch Training instructional course, and at all times while on said premises, Student agrees to strictly abide by the four (4) following rules, acknowledging by Student's signature hereon that failure to recognize said four (4) rules will likely result in injury or death to Student or others for which the undersigned Student is responsible (initial if you understand):
10. That all of the firearms and/or ammunition and other weapons or equipment, if any, furnished by Student and which Student intends to use in the Thunder Ranch Training instructional course, are in safe operating condition, in excellent condition, free of all defects, conform with all laws (including but not limited to required firearms barrel lengths, limitations on ammunition capacity, if any, legal requirements about fully automatic weapons, and all other legal specifications and requirements), and are legally in the possession of Student;
11. That the Student is completely familiar with, and capable of, safely handling, loading and firing of firearms, including those firearms to be used by Student in the Thunder Ranch Training instructional course; and
12. THAT STUDENT IS AWARE THAT OTHER PERSONS WILL ALSO BE LOADING, MANIPULATING AND FIRING FIREARMS AND USING OTHER WEAPONS IN CLOSE PROXIMITY TO STUDENT DURING THE THUNDER RANCH TRAINING INSTRUCTIONAL COURSE, WHICH STUDENT UNDERSTANDS IS INHERENTLY DANGEROUS AND HAZARDOUS, AND STUDENT VOLUNTARILY ASSUMES ALL THOSE RISKS;
13. THAT STUDENT HAS READ AND UNDERSTANDS THE FOREGOING, AND SIGNS VOLUNTARILY NOT ACTING UNDER ANY FRAUD, DURESS, OR COERCION;
14. That this Agreement is performable in Lake County, Oregon and it is agreed by the parties hereto, in the event of litigation over this agreement or its construction, it shall be interpreted by and in accordance with the laws of the State of Oregon;
15. That Student has been given an exact copy of this Agreement at the time Student signs this Agreement;
16. That Student is voluntarily participating in the Thunder Ranch Training Instructional Course, and is not under any compulsion to participate in said course; and
17. That this type of training is available elsewhere, and is not an "essential service" for the Student.