OKLAHOMA CITY GUN CLUB, INC.
(an Oklahoma non-profit corporation)
ACKNOWLEDGEMENT OF RISK RELEASE & INDEMNITY AGREEMENT
1. I hereby acknowledge that I have voluntarily applied to enter on to and to engage in or to observe shooting and other activities at the Oklahoma City Gun Club, Inc. shooting Oklahoma City Gun Club (the "OKLAHOMA CITY GUN CLUB"). I further acknowledge and understand that "shooting and other activities" includes any and all activities of any kind whatsoever in which I engage or observe while at the Oklahoma City Gun Club, whether sponsored by the Oklahoma City Gun Club, Inc. or not.
2. I ACKNOWLEDGE AND UNDERSTAND THAT SHOOTING ACTIVITIES involve both known and unanticipated risks which could result in damage or destruction of property and physical or emotional injury, including paralysis or death, of myself or of other persons. The risks include, but are not limited to being shot by myself or others, partial or total loss of eyesight or hearing, inhalation or other harmful contact with lead or other contaminants, and being struck by flying or falling objects. I understand that such risks cannot be eliminated without compromising the essential qualities of shooting activities.
3. I FURTHER ACKNOWLEDGE AND UNDERSTAND that the nature and condition of the Oklahoma City Gun Club facilities, premises and environment is such that both known and unanticipated hazards exist which create or contribute to both known and unanticipated risks inherent in entering on to the Oklahoma City Gun Club, in using Oklahoma City Gun Club facilities and in engaging in or observing any activities of any kind whatsoever while at the Oklahoma City Gun Club. I understand that such hazards and risks cannot be eliminated without compromising the essential qualities of the Oklahoma City Gun Club facilities, equipment, premises and environment. I acknowledge and understand that the Oklahoma City Gun Club, Inc. has no duty to undertake first-aid or rescue operations or procedures in the event any such property damage or physical or emotional injury occurs, and that any such operations or procedures may result in compounded or increased damages or injuries.
4. I FURTHER ACKNOWLEDGE AND UNDERSTAND that the Oklahoma City Gun Club, Inc. makes no warranty as to the design, manufacture, maintenance, condition or fitness for any particular purpose of any OKLAHOMA CITY GUN CLUB facilities or equipment, including, but not limited to: firearms, ammunition, eye/hearing protection, and first-aid supplies.
5. I EXPRESSLY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS EXISTING ON THE OKLAHOMA CITY GUN CLUB AND IN ENTERING ON TO THE OKLAHOMA CITY GUN CLUB AND IN USING OKLAHOMA CITY GUN CLUB FACILITIES OR EQUIPMENT AND IN ENGAGING IN OR OBSERVING SHOOTING AND OTHER ACTIVITIES AT THE OKLAHOMA CITY GUN CLUB. I AGREE TO ABIDE BY ALL OKLAHOMA CITY GUN CLUB, INC. BY-LAWS AND OKLAHOMA CITY GUN CLUB RULES.
6. I FURTHER AGREE to assume all responsibility and liability for any negligent, reckless, or criminal act or omission to act of my guests at the Oklahoma City Gun Club. I understand that "Guests" includes any person who is not a member of the Oklahoma City Gun Club, Inc. who enters onto the Oklahoma City Gun Club, who uses the Oklahoma City Gun Club facilities or who engages in or observes shooting and other activities at the Oklahoma City Gun Club as a result of my express or implied invitation, permission or consent. I agree that I will ensure that each of my guests read and sign an "Acknowledgement of Risk, Release & Indemnity Agreement."
7. I hereby RELEASE AND FOREVER DISCHARGE AND HOLD HARMLESS the Oklahoma City Gun Club, Inc., its officers, directors, attorneys, agents, employees, contractors, volunteers, guests and affiliated individuals or organizations of the Oklahoma City Gun Club, Inc., from and against any and all claims, demands, damages, expenses, causes of action, attachments of property, or liability of any kind whatsoever, that I, my next of kin, heirs, guardians, representatives or assigns may have for property damage, personal injury or death resulting from me or my guests entering on to the Oklahoma City Gun Club, from using Oklahoma City Gun Club facilities or equipment, or engaging in or observing shooting and other activities at the Oklahoma City Gun Club, even if such claims, demands, damages, expenses, causes of action, attachments of property, or liability result partially or wholly from any act or acts, even any negligent act or omission to act, including negligent or omitted first-aid or rescue operations or procedures, by the Oklahoma City Gun Club, Inc.
8. I hereby INDEMNIFY the Oklahoma City Gun Club, Inc., its officers, directors, attorneys, agents, employees, contractors, volunteers, guests and affiliated individuals or organizations of the Oklahoma City Gun Club, Inc., from and against any and all claims, demands, damages, expenses, causes of action, attachments of property, or liability of any kind whatsoever, that any party, including but not limited to me, my next of kin, heirs, guardians, representatives or assigns, any guest of mine, any next of kin, heirs, guardians, representatives or assigns of any guest of mine, or any other third party or entity claiming injuries or damages from the actions or inactions of me or any guest of mine for property damage, personal injury or death resulting from me or my guests entering on to the Oklahoma City Gun Club, from using Oklahoma City Gun Club facilities or equipment, or engaging in or observing shooting and other activities at the Oklahoma City Gun Club, even if such claims, demands, damages, expenses, causes of action, attachments of property, or liability result partially or wholly from any act or acts, even any negligent act or omission to act, including negligent or omitted first-aid or rescue operations or procedures, by the Oklahoma City Gun Club, Inc. This indemnification includes any expenses, including but not limited to attorney fees, incurred in the defense of any claims brought by or for any of the aforesaid persons, including third parties, as well as any damages awarded through litigation, mediation, ADR, or any other form of settlement in or out of court. It is my intent that no claim of any person or entity through me or my guests, or any claims of any person or entity against me or my guests shall ever cause the Oklahoma City Gun Club, Inc., to incur any expense of any kind whatsoever.
9. I UNDERSTAND that amateur or commercial still, video and/or motion picture photography may occur during my presence on the Oklahoma City Gun Club and that I may be incidentally included in such photography. Should I wish to be excluded from such photography, I understand that it is my responsibility to be aware of photographic activity and remove myself from the area or event being photographed. Absent such action on my part, I hereby grant the Oklahoma City Gun Club, Inc., its sponsors and beneficiaries, the right to use my photographic image in the promotion of the Oklahoma City Gun Club, Inc. or shooting sports in general, in accordance with accepted journalistic practice.
10. I UNDERSTAND if the images are of a child or minor under the age of 18. I hereby give permission for images of my child during the event through video, photo, and digital camera to be used for the purposes of Oklahoma City Gun Club promotional material and publications and waive rights of compensation or ownership thereto.
11. I FURTHER ACKNOWLEDGE AND AGREE that this Agreement is intended to be as broad and inclusive as permitted by law, and that if any provision or portion is held to be invalid, contrary to law, void or otherwise unenforceable, then such portion does not void any other part of this agreement, and that the remaining provisions or portions shall continue and remain in full legal force and effect.
12. I FURTHER ACKNOWLEDGE AND AGREE that it is my understanding and intent that this Agreement, and any signed written amendments or modifications to it, shall remain in full force and effect from the date of execution and shall be applicable to each and every occasion that I or any guest enter on to the Oklahoma City Gun Club, use Oklahoma City Gun Club facilities or equipment or engage in or observe shooting and other activities at the Oklahoma City Gun Club.
13. I am not dazed, suffering from shock or under the influence of drugs or alcohol.
14. I understand that this is a full and complete release and indemnification agreement.
15. There has been no fraud or other conduct used in obtaining my signature and agreement to this document.
I have carefully read this Agreement and I understand its contents. I acknowledge that no other inducement, assurance, or guarantee has been made to me in consideration of my signing this Agreement, which I sign voluntarily and of my own free will. I further acknowledge and agree that this Agreement may be amended or modified only by a writing signed by me and by an authorized agent of the Oklahoma City Gun Club, Inc.
I UNDERSTAND THAT BY SIGNING AND SUBMITTING THIS REGISTRATION FORM, I AM GIVING UP SUBSTANTIAL RIGHTS AND THAT BY SIGNING THIS AGREEMENT I AGREE NOT TO SUE THE OKLAHOMA CITY GUN CLUB, INC. I ACKNOWLDGE AND AGREE THAT THIS AGREEMENT SHALL BE INTERPRETED UNDER THE LAWS OF THE STATE OF OKLAHOMA AND THAT VENUE FOR ANY ACTION OR PROCEEDING SHALL BE IN OKLAHOMA COUNTY, OKLAHOMA.