On behalf of myself and my family, heirs, estate, legal representatives, attorneys-in-fact, and any other person(s) or entity(ies) who/that may have or claim to have an interest (all collectively,
“Releasing Parties” and each a “Releasing Party”), I irrevocably, unconditionally, and unequivocally release, indemnify, hold harmless, and discharge to the maximum extent permitted by law (“Release”), all of the following:
(i) the Company,
(ii) the Facility,
(iii) all instructors and volunteers at the Event,
(iv) all persons participating in the Event, and
(v) with respect to all such persons and entities: each and every one and all of their successors, heirs, devisees, assigns, owners, shareholders, trustees, directors, officers, employees, volunteers, agents, representatives, attorneys, insurers, independent contractors, instructors, subsidiaries, and affiliates and each, every, and all persons acting by, through under, or in concert with, any of them
(each a “Released Party” and collectively, the “Released Parties”) from any and all liability, claims, demands, actions, or rights of action for any damage to property, real or personal, personal injuries, bodily injuries, or death to myself or to others, whether caused in whole or in part by passive or active negligence or unintentional acts by the Released Parties, that are related to, arise out of, or are in any way connected with participation in the Event, attendance at the Event, discharging firearms or observing others discharging firearms at the Facility, bringing Equipment to the Facility, or from use of any Equipment used at the Facility whether brought to the Facility by myself or others.
Notwithstanding anything herein to the contrary, no Released Party himself, herself, or itself, as the case may be, shall be entitled to the benefits of the Release with respect to damage or liability caused by that Released Party’s sole negligence or willful misconduct.
This Release shall pertain to any claims, whether known, unknown, anticipated, or unanticipated at the time of signing this Agreement. I acknowledge and agree that by reason of the Release set forth above, I am assuming all risk of bodily injury, death, and property damage to myself and to others and all other unknown and unanticipated claims from being in the presence of firearms being discharged or using the Facility. Therefore, I agree that my Release of all Released Parties contained in this Release applies to those activities. In connection therewith, I, on behalf of myself and the Releasing Parties, expressly waive whatever benefits I, or the Releasing Parties, may have under Section 1542 of the California Civil Code, which reads as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
I hereby grant to the Company all right, title, and interest in any and all photographic images and video or audio recordings made by, or on behalf of the Company, or any other participant at the Event, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or images.
This Agreement constitutes a final, integrated agreement, and supersedes and replaces any prior or contemporaneous written and oral agreements, representations, and understandings between me and the Company with respect to the Event, the Facility, or any of the matters addressed herein.
If any provision of this Agreement is determined by a court or other tribunal to be illegal, invalid, or unenforceable, such determination shall not affect the legality, validity, or enforceability of any other provision of this Agreement.
The validity, interpretation, construction, and performance of this Agreement, and all acts and transactions pursuant hereto and the rights and obligations of the Released Parties and Releasing Parties, shall be governed, construed and interpreted in accordance with the laws of the State of California, without giving effect to principles of conflicts of law, and any and all disputes involving this Agreement or your participation in the Event shall be brought in the state or federal courts located in San Diego County, California.
I acknowledge, represent, and warrant that I have read and understand and that I unconditionally agree to each and every provision in this Agreement. My signature below conclusively establishes that I have read this entire Agreement, understand it completely, and agree to be bound by all its terms.