Section 2
2. I am aware that the use of firearms is a hazardous activity. I acknowledge that my participation in a firearms course entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to the property of third parties. The risks include, among other things: being shot by myself or by a third party; suffering hearing loss, injury, or loss of eyesight; and inhalation of or contact with airborne contaminants, fragments, or flying debris. I further acknowledge that the Released Parties cannot always keep me safe. They seek safety, but they are not infallible. The Released Parties may be unaware of my fitness and abilities, may give me inadequate warnings or instructions, and the equipment used may malfunction. I understand that these risks cannot be eliminated without jeopardizing the essential nature of this Activity. My participation is purely voluntary, and I elect to participate despite these risks. I EXPRESSLY AGREE TO ACCEPT AND ASSUME ALL RISKS EXISTING IN THIS ACTIVITY, WHETHER KNOWN OR UNKNOWN, and I certify and verify these statements.
Section 3
3. In consideration for being permitted by the Released Parties to participate in the Activity and use the Premises, I, on behalf of myself and my assignees, heirs, successors, distributees, guardians, and legal representatives, and any and all other persons or entities who may claim by or through me in any way or manner, VOLUNTARILY RELEASE, WAIVE, AND FOREVER DISCHARGE the Released Parties, and their respective heirs, successors, assigns, agents, representatives, employees, contractors, attorneys, and insurers (collectively, the “Indemnified Parties”), FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF ACTION FOR INJURY, DEATH, OR DAMAGE TO PROPERTY THAT I MAY HAVE, OR THAT MAY LATER ACCRUE TO ME, ARISING OUT OF OR RELATED TO MY PARTICIPATION IN THE ACTIVITY — INCLUDING, WITHOUT LIMITATION, INJURY OR DAMAGE ARISING FROM ANY FIREARM, WEAPON, SCOPE, GLASSES, SIGHTING DEVICE, OR OTHER ACCESSORY, OR ANY MOTOR VEHICLE OR OFF-ROAD DEVICE, WHETHER OWNED BY ME OR ANY OTHER PERSON.
THIS RELEASE SPECIFICALLY INCLUDES, WITHOUT LIMITATION, CLAIMS ARISING FROM THE NEGLIGENCE OF THE INDEMNIFIED PARTIES, TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW.
Notwithstanding the foregoing, nothing in this Section 3 releases, waives, or discharges any claim arising from the gross negligence, willful misconduct, or intentional acts of the Indemnified Parties, to the extent such a release is prohibited under Texas law. I fully understand, have had all my questions answered fully and to my satisfaction, and agree with, certify, and verify these statements.
Section 4
4. I agree to INDEMNIFY AND HOLD HARMLESS the Indemnified Parties from any and all actions, suits, claims, demands, attachments, damages, expenses, harm, or destruction suffered or incurred by or through me, or by any other person, arising in any manner from my participation in the Activity or otherwise pertaining to my use of the Premises, EVEN IF SUCH CLAIMS, DAMAGES, HARM, OR DESTRUCTION ARISE, IN WHOLE OR IN PART, FROM THE NEGLIGENCE OF THE INDEMNIFIED PARTIES, to the fullest extent permitted by Texas law; provided, however, that this indemnification obligation does not extend to claims arising from the gross negligence, willful misconduct, or intentional acts of the Indemnified Parties, to the extent such indemnification is prohibited under Texas law.
