ROCKY MOUNTAIN AIRGUN CHALLENGE 2023 WAIVER OF LIABILITY
I hereby acknowledge that I have voluntarily elected to participate in the 2023 Rocky Mountain Airgun Challenge (“Activity”), hosted by Rocky Mountain Airgun Challenge, LLC primarily at the Garth Killpack Shooting Range in Springville, Utah. Which may include: use of the Premises; match competition; instruction in the use of airguns; observation of activities; and/or the discharge of airguns, use of high-pressure air tanks and the firing of lethal projectiles to be held on the Premises of the Garth Killpack Shooting Range. (“GKSR”). I understand that there may be other activities, including the Awards Banquet Lunch, that will be held in a different location. It is understood that everything in this agreement applies to activities at the range, any other location and the traveling between locations. In consideration for being permitted to participate in the Activity, I hereby acknowledge and agree to the following:
ELECTIVE PARTICIPATION: I acknowledge that my participation is elective. I acknowledge that I have inspected and/or had the opportunity to inspect the range, buildings, land and property (“Premises”) on which the Activity will be conducted, and that I accept all conditions upon said Premises, be they natural or manmade.
RULES AND REQUIREMENTS: I hereby acknowledge that I have received a copy of the GKSR Range Safety Rules & Procedures, and have read, understand and will at all times abide by those and any additional rules and procedures stated by GKSR, Range Officers or RMAC team. I grant the RMAC team the right to terminate my participation in the Activity if it is determined that my conduct is detrimental to the best interests of the GKSR or violates any rule of the Activity.
INFORMED CONSENT: I have been informed of and I understand the various aspects of the Activity. I understand that as a Participant in the Activity I could sustain serious personal injuries, illness, property damage, or even death as a consequence of not only RMAC actions, inactions or negligence, but also the actions, inactions or negligence of myself or others, malfunction of equipment used, conditions of the Premises, and other risks not known to me or not reasonably foreseeable at this time. I further understand and agree that any injury, illness, property damage, disability, or death that I may sustain by any means is my sole responsibility.
RELEASE AND WAIVER OF LIABILITY: I, on behalf of myself, my children, spouse, parents, personal representatives, heirs, executors, administrators, agents, and assigns, HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Rocky Mountain Airgun Challenge, LLC & The Garth Killpack Shooting Range directors, officers, match directors, instructors, volunteers and agents (hereinafter referred to as “Releasees”) for any and all liability, including any and all claims, demands, causes of action (known or unknown), suits, or judgments of any and every kind (including legal costs, attorneys’ fees, and court costs), arising from any injury, property damage or death that I may suffer as a result of my participation in the Activity, REGARDLESS OF WHETHER THE INJURY, PROPERTY DAMAGE OR DEATH IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
ASSUMPTION OF RISK: I understand that there are potential dangers incidental to my participation in the Activity, some of which may be dangerous and which may expose me to the risk of personal injuries, property damage, or even death. I understand that these potential risks include, but are not limited to: cuts, bruises, falls, broken bones, lacerations, injuries to the eyes, ears or face, gunshot/pellet wounds, paralysis or death, or other personal injuries which may arise as a direct or indirect result of participating in said Activity; criminal activities; negligent or willful acts of myself or others; negligent operations or procedures of Releasees; and other risks that are unknown at this time.
I understand that PCP airguns and tanks run on extremely high pressure and seals, hoses, gauges could potentially fail and cause injury. I understand that I could be required to shoot from different obstacles and positions to compete that could potentially cause injury. I understand that there will be golf carts and cars that will be giving rides to people, I assume the risks of riding in a golf cart, or any other motor vehicle which participating in the Activity. Parking will be available within the range premises. I understand that I am parking at my own risk understanding that Rocky Mountain Airgun Challenge will not be held liable for any damage to vehicles during the event. I KNOWINGLY AND VOLUNTARILY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF RELEASEES, and assume full responsibility for my participation in the Activity.
INDEMNITY: I, on behalf of myself, my children, spouse, parents, personal representatives, heirs, executors, administrators, agents, and assigns, agree to hold harmless, defend and indemnify the Releasees from any and all liability, including any and all claims, demands, causes of action (known or unknown), suits, or judgments of any and every kind (including legal costs, attorneys’ fees, and court costs), arising from any injury, property damage or death that I may suffer as a result of my participation in the Activity, REGARDLESS OF WHETHER THE INJURY, PROPERTY DAMAGE OR DEATH IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
CHOICE OF LAW/SEVERABILITY: I hereby agree that this Agreement shall be construed in accordance with the law of the State of Utah and that this Agreement is intended to be as broad and inclusive as permitted by such law. I further agree that if any portion hereof is held invalid, the balance shall, notwithstanding, continue in full force and effect.
MEDIA: I understand that there will be many cameras and media organizations covering The Rocky Mountain Airgun Challenge and surrounding activities and I may be filmed or photographed participating or observing RMAC.. I agree to grant permission to The Rocky Mountain Airgun Challenge (and approved Media Publications/Persons ) hereinafter known as the “Media” to use my image (photographs and/or video) for use in Media publications including: videos, pictures, website images, magazines, etc. I hereby waive any right to inspect or approve the finished photographs or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to me or unknown, and I waive any right to royalties or other compensation arising from or related to the use of the image.
GUEST CLAUSE: I agree to assume all responsibility and liability for any act or acts, even negligent, reckless, or criminal acts or omission to act, of my Guests while on the Premises of the Garth Killpack Shooting Range and other locations of RMAC including the banquet and dinner party. (I understand that “my Guests” includes any and all persons who participate in the Activity as a result of my express invitation, permission or consent).
I agree this Agreement shall remain in full force and effect so long as I am signed up for the Rocky Mountain Airgun Challenge or a user of its Premises, or a guest on its Premises, with no expiration for time or other reasons.
I understand that the Activity will not be made available to me or if I were to choose not to sign this Agreement, and agree that the opportunity to participate at the stated cost in return for the execution of this Agreement is a reasonable bargain.
I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS. I AM AWARE THAT THIS AGREEMENT INCLUDES A RELEASE AND WAIVER OF LIABILITY, AN ASSUMPTION OF RISK, AND AN AGREEMENT TO INDEMNIFY THE RELEASEES. I UNDERSTAND I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING THIS AGREEMENT, INCLUDING THE RIGHT OF FINANCIAL RECOVERY FOR INJURY, WHETHER THE INJURY RESULTS FROM THE INHERENT RISKS OF THE ACTIVITY OR FROM THE ORDINARY NEGLIGENCE OF RELEASEES, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
CANCELLATION & REFUND POLICY
We understand that things come up and plans can change. However, it makes it very difficult when shooters do not show up for events they have signed up for. Please communicate if you can’t make it after registering or can’t shoot a specific event. This could keep someone from competing. Full refunds will be allowed until May 15th. After May 15th UP TO A 50% CANCELLATION FEE CAN BE ASSESSED. If you communicate the situation as soon as possible we will definitely be flexible in working with you. *If we need to reschedule the event due to the current health crisis, no refund penalties will be assessed. We will not be held liable for any travel costs, flights, etc. due to cancellation or rescheduling.
For any shooter under 18 years of age, the Rocky Mountain Airgun Challenge Liability Statement for a minor MUST be signed by a parent or legal guardian who is present to accompany the minor while shooting the whole of the event. Juniors will be registered in the Sportsmans class.
You agree to have the most fun you have ever had shooting airguns! We won’t put up with negative attitudes or drama and will ask anyone to leave who isn’t following this most important rule…having fun. See you in June!