WAIVER AND RELEASE FROM LIABILITY FOR SHOOTING RANGE AT Imanuel Rocha, Good People Skilled in Violence, Lucky Sevens Ranch LLC, LOCATED AT 7777 Southworth Rd, Valley Springs, CA
1. I, {name} in consideration of being allowed to access the facilities operated by Imanuel Rocha, Good People Skilled in Violence, HEREBY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge Imanuel Rocha, Good People Skilled in Violence, which as referred to herein includes its agents, employees, officers, directors, affiliate, members, successors and assigns, of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature whether known or unknown, in law or equity, that I ever had or may have arising from or in any way related to my participation in any of the events or activities conducted by, on the premises of, or for the benefit of Imanuel Rocha, Good People Skilled in Violence, provided that this waiver of liability does not apply to any acts of gross negligence, or intentional, willful or wanton misconduct.
2. I understand that the activities that I will participate in are inherently dangerous and may cause serious or grievous injuries, and that firearms by their very nature are dangerous and can result in bodily injury, damage to personal property, and/or death. On behalf of myself, my heirs, assigns and next of kin, I waive all claims for damages, injuries, and death sustained to person or property, that I may have against the aforementioned released party to such activity whether caused by the ordinary negligence of the released party or otherwise, with the exception of acts of gross negligence, or intentional, willful or wanton misconduct as indicated above.
3. I believe and hereby represent that I have the necessary and requisite skills to participate in all facets of, and activities of and requested of this facility, except as noted below. The nature of the activities has been fully disclosed and any flier, advertisement, or brochure relating to the participating activities is expressly made a part of this WAIVER AND RELEASE. I have been provided a copy of Imanuel Rocha, Good People Skilled in Violence’s Safety Rules, and I confirm that I understand these rules. I acknowledge that all equipment that is not being provided by Imanuel Rocha, Good People Skilled in Violence’s is required to be in good working order, and that such equipment has been examined to a professional standard of care and found to be in good working order a reasonable amount of time before I use of such equipment at Imanuel Rocha, Good People Skilled in Violence’s facility or at any event operated thereby.
4. By this WAIVER AND RELEASE, I assume any risk, and take full responsibility and waive any claims of personal injury, death, or damage to personal property associated with Imanuel Rocha, Good People Skilled in Violence including but not limited to target shooting, range shooting, receiving firearms lessons, using the facilities and its equipment, practicing and/or engaging in any firearms activities or other related activities on and off the premises.
5. I, acting for myself, assume all risk as stated herein and I expressly waive whatever benefits I may have pursuant to California Civil Code section 1542, which states: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
6. I hereby indemnify, and agree to defend and hold harmless, without qualification or limitation excepting as stated herein, Imanuel Rocha, Good People Skilled in Violence and all employees and instructors 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 WAIVER AND RELEASE originating from my conduct, limited to conduct occurring at Imanuel Rocha, Good People Skilled in Violence’s facilities or any event held or provided by Imanuel Rocha, Good People Skilled in Violence's
7. If any provision or part of this WAIVER AND RELEASE is for any reason held to be invalid, unenforceable, or contrary to public policy, law, or statute, the remainder of this WAIVER AND RELEASE, which can be given effect without the invalid provision or portion thereof, shall not be affected thereby and shall remain valid and fully enforceable.
8. Pursuant to this WAIVER AND RELEASE, I am aware that I may be photographed or video recorded while atImanuel Rocha, Good People Skilled in Violence's facility. I hereby grant Imanuel Rocha, Good People Skilled in Violence the right to photograph me while at Imanuel Rocha, Good People Skilled in Violence’s facility and to use any resulting photographs or video recordings including me for Imanuel Rocha, Good People Skilled in Violence, and any successors in interest thereto, for reasonable business purposes, including, but not limited to, marketing, publicity, and educational materials distributed to the public, e.g., materials distributed on social media websites or as part of training material. Imanuel Rocha, Good People Skilled in Violence is hereby granted permission to reasonably edit photographs or videos of the type referred to above, and I waive any final right of inspection as to such photographs or videos used for purposes allowed hereunder. I hereby waive any current or future claim to compensation or right to injunctive relief as to the uses of photographs or video recordings described above.
9. I agree to submit all manner of causes of action, controversies, differences, claims, demands, and matters, now pending, existing, held between them, or contemplated by either of them, relating to or growing out of my use of, or presence at, Imanuel Rocha, Good People Skilled in Violence to binding arbitration in Calaveras County, California. The prevailing party will be entitled to reasonable fees and costs, in the arbitrator’s discretion, but not to exceed $10,000. An award of arbitration pursuant to this paragraph can be confirmed in a court of competent jurisdiction.
10. This WAIVER AND RELEASE contains the entire agreement between the parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this WAIVER AND RELEASE. The provisions of this WAIVER AND RELEASE may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.
11. The provision of this WAIVER AND RELEASE will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of Imanuel Rocha, Good People Skilled in Violence whether by agreement, by operation of law, or otherwise.
12. I have read, understand and fully agree to the terms of this WAIVER AND RELEASE. I understand and confirm that by signing this WAIVER AND RELEASE I have given up considerable future legal rights. I have signed this WAIVER AND RELEASE freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me. My signature is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law
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