As consideration for my being allowed to participate in firearms related activities, including training conducted by Top Shot Firearms Simulator, Inc. at the Top Shot Firearms Simulator, Inc. (hereinafter “Top Shot”) shooting facility, I have read, understand, and voluntarily sign this document, and agree to be bound by this Waiver, Release of Liability, Indemnification Agreement, Consent to Medical Treatment and Agreement to be Filmed or Otherwise Recorded, for myself, my relatives, heirs, estate, personal representatives, beneficiaries, next of kin and assigns, as follows:
- Assumption of Risks. I understand that this Waiver, Release of Liability, Indemnification Agreement, Consent to Medical Treatment and Agreement to be Filmed or Otherwise Recorded is intended to address all of the risks of any kind, nature or description associated with my presence at Top Shot and/or as a Participant at Top Shot, including, particularly, such risks created by actions, inactions, carelessness or negligence, gross or otherwise, on the part of Top Shot and any of its directors, officers, employees, agents, volunteers, successors, assigns or persons acting under their permission or authority. I assume the risks, known or unknown, foreseeable and unforeseeable, in any way connected with my presence at Top Shot and with my actions as a bystander or participant at Top Shot.
- Release and Waiver. I release Top Shot and its directors, trustees, officers employees, agents, volunteers, successors, assigns and all persons acting with or under their permission or authority (collectively the “Releasees”), including any Independent Contractor Instructors, from any and all liability, and hereby waive any and all claims, including those for injury, death, loss, damage, property damage, expense, including attorney fees and expenses, in any way connected with my presence at Top Shot, whether or not caused in whole or in part by the carelessness, negligence, gross or otherwise, or misconduct of the Releasees and/or of any of the individuals identified above, and/or caused by any other person, bystander or participant at Top Shot.
- I agree to indemnify and to hold harmless the Releasees, identified in the preceding paragraph, including all persons acting under or with their permission or authority, from any and all claims, including attorney fees and expenses, and the cost f defending against any claim I might make, or that might be made on my behalf or in behalf of my estate, that is released and/or waived by this Agreement and in any way connected with or arising out of my actions as a bystander or participant at Top Shot, including claims related to my actions and/or the actions of others, whether or not caused in whole or in part by the carelessness, negligence, gross or otherwise, or misconduct of the Releasees identified above or any other person or entity.
- Binding Effect. This instrument shall be binding upon my relatives, heirs, estate, personal representatives, beneficiaries, next of kin and assigns and shall inure to the benefit of the Releasees.
- Consent to Medical Treatment. I authorize Top Shot to provide me, through the medical personnel of their choice, medical assistance, transportation and emergency medical services should I require such assistance, transportation or medical services, as the result of injury or damage occurring at Top Shot. This consent does not impose a duty upon Top Shot to provide such assistance, transportation or services, nor shall it be liable for payment of any costs related to such services.
- Applicable Law. This instrument shall be governed, construed, and enforced in accordance with the la of the State of Indiana and any and all lawsuits or causes of action shall be to those filed in Marion County, Indiana, which is hereby agreed by the parties as the jurisdiction and venue for any and all litigation arising from any claim by the undersigned related in any way to Top Shot.
- Agreement to be Filmed and Otherwise Recorded. Participants acknowledge and agree that they may be filmed, videotaped, photographed or otherwise recorded at any time inside or outside our facility. This content may be used by Top Shot for training purposes, marketing and/or print material, website content and/or legal purposes. Your signature below gives Top Shot and/or affiliates permission to use any content for professional use. Your information can also be used for business contact and you consent to giving us permission to contact you.
THIS IS A WAIVER, RELEASE OF LIABILITY, INDEMNIFICATION AGREEMENT, CONSENT TO MEDICAL TREATMENT AND AGREEMENT TO BE FILMED OR OTHERWISE RECORDED WHICH I HAVE READ AND TO WHICH I CONSENT. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY MY SIGNING THIS AGREEMENT. I AM SIGNING THIS WAIVER, RELEASE OF LIABILITY, INDEMNIFICATION AGREEMENT, CONSENT TO MEDICAL TREATMENT AND AGREEMENT TO BE FILMED OR OTHERWISE RECORDED VOLUNTARILY AND OF MY OWN FREE WILL.