STACCATO RANCH TEXAS, LLC MEMBER RELEASE, HOLD HARMLESS, AND
WAIVER OF LIABILITY AGREEMENT
PLEASE READ CAREFULLY. BY SIGNING THIS DOCUMENT, YOU ARE GIVING UP LEGAL RIGHTS.
This Release, Hold Harmless, and Waiver of Liability Agreement (“Release”) is made and entered into as of the date indicated below, between Staccato Ranch Texas, LLC, together with any of its affiliated entities, including Staccato 2011, LLC, Longhorn Precision, LLC, and Longhorn Ammunition, LLC (collectively referred to herein as “Company” or “Companies”) and the Member indicated below.
1. Purpose. Said Member will be in proximity to, and may participate in, activities, such as firearms training, use of a shooting range facility, and use of other equipment. Company and Member enter this Agreement for the purpose of Member releasing Company of any liability for any harm that Member may sustain in connection with utilizing the facilities at Staccato Ranch or the Companies’ products and equipment.
2. Volunteering to Visit the Staccato Ranch. Member hereby acknowledges and agrees to have voluntarily decided to visit the Staccato Ranch of his/her own will and volition.
3. Acknowledgement of Staccato Ranch Risks. Member hereby acknowledges and agrees that Member is aware of, and accepts, that risks, hazards, and dangers to Member exist at the Staccato Ranch (the “Risks”), including, but not limited to, slips, falls, vehicle incidents, firearms-related incidents, and other equipment-related incidents. I am also aware of the risk of injury that can be caused by exposure to lead present at the Staccato Ranch and the Range. I am also aware of risks presented by outdoor activities at the ranch, including environmental (including, but not limited to, extreme heat or cold, potential tornados or flooding, rapid weather changes, etc.) and wildlife (including, but not limited to, snakes, scorpions, etc.) related risks. These Risks may cause Member property damage, bodily harm, injury, and death.
4. Acknowledgment of Firearms-Related Risks. While at the Staccato Ranch, Member will be in proximity to, and may participate in, firearms-related activities, including at the Company’s shooting range facility (“Range”). Shooting firearms, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care and steps the Companies, the Member, other members and their guests have taken to avoid injuries. I acknowledge that use of the Range is a potentially hazardous activity. Potential sources of injury include, but are not limited to, being shot by another person or myself including as a result of an unintentional or negligent discharge of a firearm, being hit by debris from a firearm or ammunition experiencing a catastrophic failure, being hit by ricocheting bullets, pellets, or fragments, being struck by hot brass ejected from firearms used by myself or others, being hit by falling range materials, noise generated by the use of firearms that can cause permanent hearing loss, with or without the use of hearing protection, exposure to lead, and slipping and falling. Member understands and acknowledges that being in proximity to the Range, as well as Member’s or others’ engaging in
firearms-related or shooting activities, involves inherent Risks, including, but not limited to, the negligence, gross negligence, recklessness, or inexperience of Member, other members and their guests, or other participants.
5. Representation of Ability and Assumption of Risks. Member represents that Member is physically able, emotionally stable, and fully competent to visit the Staccato Ranch and to be present for, and participate in, all activities associated with the Staccato Ranch, including, but not limited to, those associated with firearms and the Range. Member freely, knowingly, and voluntarily assumes the Risks of visiting the Staccato Ranch, including, but not limited to, all Risks described in Sections 3 and 4 of this section of this Release, including as to property damage, bodily harm, injury, and/or death. My participation and presence at the Staccato Ranch is purely voluntary and I elect to participate in spite of, and with full knowledge of, all inherent risks, including, but not limited to, those listed in Sections 3 and 4. I personally, knowingly, and voluntarily assume all these risks. By signing below, I personally, freely and expressly assume and accept any and all risks outlined above, including, but not limited to death, physical injury, illness, mental or emotional injury, property loss or damage, and all other possible losses which might be attributable to Releasees.
6. Waiver and Release of Liability. In consideration for the Company allowing Member to utilize the Staccato Ranch’s facilities, and to observe, be in proximity to, and participate in any activity associated with the Staccato Ranch, including, but not limited to, activities associated firearms and the Range, Member hereby agrees to FOREVER RELEASE, DISCHARGE, AND HOLD HARMLESS the Companies, their owners, employees, and contractors (hereinafter referred to collectively as “Releasees”) for all loss, damage, claims, potential claims, or demands, including, but not limited to, causes of action for negligence, gross negligence, strict liability, product liability, premises liability, or any other alleged theory of fault or responsibility. Member further acknowledges and realizes that by signing this document, Member is waiving, and contractually agreeing to waive, all of Member’s rights to sue and/or bring any type of lawsuit or claim for any loss against the Companies. This Waiver and Release of Liability is for any type of lawsuit or claim, including, but not limited to, death, personal injury, eye- or ear-related injury, emotional distress, illness, disability, or any property damage and/or loss, related in any way to Member’s visit to the Staccato Ranch, including, but not limited to, Member’s proximity to, or participation in, any activities at the Staccato Ranch, including firearms-related activities and activities at the Range.
7. Indemnification. Member agrees to hold harmless, defend and indemnify Companies, including their owners, employees, and contractors (collectively “Releasees”), from all defense costs (including reasonable attorney fees, court costs, and investigative costs) incurred in connection with any and all claims brought against Releasees whether for death, physical injury, illness, mental or emotional injury and/or property loss or damage arising from my presence at, or use of, the Staccato Ranch and/or Range, including claims that Releasees were negligent or solely at fault. If I file a lawsuit or other legal action against Releasees that is barred by this Agreement, I agree to reimburse Releasees for all costs they incur in the defense of such lawsuit or action, including attorney fees, court costs, and investigative costs. This provision is intended to apply to
the fullest extent permissible by law, and applies in all situations, including where the Releasees are solely at fault. Member also agrees that in the event that any guest of the Member asserts a claim or brings a lawsuit against any of the Companies arising from any incident occurring at the Staccato Ranch, then Member will indemnify, protect, defend and hold harmless the Companies, their insurer(s) and any shareholders, directors, officers, employees, agents, affiliates, attorneys, representatives, servants, predecessors, successors, heirs, assigns, and any others acting on their behalf, from and against any and all claims and demands, legal fees, costs or expenses, judgment or settlement associated with any such claim or suit, including, but not limited to, derivative claims, medical provider liens, insurer liens, or Medicare and/or Medicaid liens.
8. Safety Equipment. Member understands that eye protection and hearing protection are required to be used while using the Range (including, but not limited to, while using equipment at the Range), and failure to use proper eye and ear protection is the sole responsibility of Member. Company recommends that all persons in proximity to the Range wear eye protection which, at a minimum, provides impact protection with side panels and meet ANSI standard Z87.1. Unprotected eyes can be injured by fragments expelled from firearms, ejected cartridge cases, ruptured cartridge cases, splash back from targets, target frames, or backstops. Company also recommends that all persons entering the Range wear both ear plugs and over-the-ear hearing protection (double protection). Member expressly agrees to FOREVER RELEASE, DISCHARGE, AND HOLD HARMLESS the Companies for all loss, damage, claims, potential claims, or demands, including, but not limited to, causes of action for negligence, gross negligence, strict liability, product liability, and premises liability, related in any way to Member’s eye or ear damage, including, but not limited to, because of Member’s failure to follow these eye and ear protection recommendations.
9. Use of Likeness. I hereby authorize the Companies, and those acting pursuant to their authority to:
(a) Record my likeness and voice on a video, audio, photographic, digital, electronic or any other medium;
(b) Use my name in connection with these recordings; and
(c) Use, reproduce, exhibit, or distribute in any medium (e.g., print publications, digital media, Internet, social media platform posts and/or other advertisement or marketing publications) these recordings for any purpose that they, deem appropriate, including promotional or advertising efforts , unless I provide written notice to the Companies not to use my likeness and/or voice for any commercial purpose prior to any such use by the Companies
I release Companies, and those acting pursuant to their authority, from liability for any violation of any personal or proprietary right I may have in connection with such use. I understand that all such recordings, in whatever medium, shall remain the property of the Companies. I have read and fully understand the terms of this personal privacy release.
10. Miscellaneous. Every term and provision of this Release is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable. This Release shall be governed
by Texas law, without regard to its conflict of laws rules. All claims, controversies, disputes or suits shall be litigated exclusively in state court in Williamson County, Texas. This Release is entered into voluntarily after careful consideration, and is binding upon the person signing below, his/her heirs, successors, assigns, executors, administrators, wards, minor children and other family members. This Release shall remain in effect and cover future occasions on which I am present at Staccato Ranch or participating in any of its off-premises activities or events on and after the date on which this Release is signed.