Waiver
I HEREBY ACKNOWLEDGE that I have voluntarily applied to enter onto and to engage in
or to observe shooting and other activities with Ascend Above Inc. I further
acknowledge and understand that “shooting and other activities” includes any and all
activities of all kind whatsoever in which I can engage in or observe while at the
Company, whether sponsored by the Company or any other person or entity.
2. I ACKNOWLEDGE AND UNDERSTAND that shooting and other activities involve both
known and unknown risks, which could potentially result in damage or destruction to
my property or property of others, and physical or emotional injury, including
partial or total loss of eyesight or hearing, paralysis or death to myself or others.
Examples of risks are (but not limited to) being shot, by myself or others, inhalation or
possible harmful contact with lead, brass, gunpowder, or
other contaminants, and being struck by flying or falling objects. I understand that such
risks cannot be eliminated without compromising the essential qualities of shooting
activities, and so I accept those risks and the
consequences in return for being allowed to enter the Company, enter onto the Range,
and participate or observe shooting and other activities at the Company.
3. I FURTHER ACKNOWLEDGE AND UNDERSTAND that the nature and condition of the
Range and other Company facilities, premises and environment is such that both known
and unanticipated risks and hazards exist, which create or contribute
to both known and unanticipated risks inherent in entering the Company, in entering
onto the Range facilities, and in engaging in or observing shooting or any other activities
of any kind whatsoever while at the Company. I understand that such risks and hazards
cannot be eliminated without compromising the essential qualities the Range and other
Company facilities, equipment, premises and environment. I acknowledge and
understand that neither the Company nor any of its managers, members, shareholders,
officers, directors, partners, agents, representatives or employees has a duty to
undertake first aid or rescue operations or procedures in the event any such property
damage or physical or emotional injury occurs, and that any such operations or
procedures may result in compounded or increased damages or injuries.
4. I FURTHER ACKNOWLEDGE AND UNDERSTAND that neither the Company, Ascend
Above Inc, owner of the property where the Company and Range are located, nor any of
their respective subsidiaries, managers, members, shareholders, officers, directors,
partners, agents, representatives and employees makes any representation or warranty
as to the design, manufacture, maintenance, condition or fitness for any particular
purpose of any of the facilities or
equipment at the Company, including, but not limited to: the Range, firearms,
ammunition, eye/hearing protection, and first aid supplies.
5. I FURTHER AGREE to assume all responsibility and liability for any negligent, reckless
or criminal act or omission to act all of my guests at the Company. I understand that
“Guests” included any person who is not a member of the Company who enters the
Company, enters onto the Range, or uses the Range or other Company facilities, or who
engages in or observes shooting and other
shooting activities at the Company as a result of my express or implied invitation,
permission or consent. I agree that I will ensure that each of my guests reads and signs
an “Acknowledgement of Risk, Release and Indemnity Agreement.”
6. I AGREE NOT TO SUE, AND I RELEASE, FOREVER DISCHARGE, HOLD HARMLESS AND
AGREE TO DEFEND the Company, Ascend Above Inc, owner of the property where the
Company and Range are located, and each of their representative affiliates, subsidiaries,
managers, members, shareholders, officers, directors, partners, agents, representatives,
volunteers, and employees, successors and assigns; and the sponsors of any event at the
Company and their affiliates, and each of their respective subsidiaries, managers,
members, shareholders, officers, directors, partners, agents, representatives and
employees for, from and against any and all present and future liabilities, obligations,
damages, losses, claims, costs or expenses of any kind whatsoever that may be made by
me, my family, estate, heirs, guardians, representatives or assigns for property damage,
personal injury or death arising as a result of me or my guests entering the Company,
entering onto the Range, using Range facilities or equipment, or engaging in or
observing shooting or other activities at the Range, even if such claims result partially or
wholly from any act or acts, even any negligent act or omission to act, including
negligent or omitted first aid or rescue operations or procedures by any of the
Releasees. I understand and agree that none of the Releasees is responsible for any
claim, if caused by his/her/its own negligence.
7. I AGREE TO INDENTIFY AND DEFEND all Releasees from any and all claims, including
but not limited to claims brought by me, my family, estate, heirs, guardians,
representatives or assigns, any guest of mine, or any other person or entity making a
claim as a result of the alleged actions or inactions of me or any guest of mine, even if
such claim results partially or wholly from any act or acts, even negligent acts or
omissions to act, including negligent or omitted first aid or rescue operations or
procedures of any Releasee. This identification includes all expenses, including attorney
fees incurred in the defense in any such claim, irrespective of how such claim is
resolved, i.e., through litigation, mediation, or any other form in or out of court. It is my
intent that no claim of any person or entity through me or my guests, or any other
claims of any person or entity against me or my guests shall ever cause any of the
Releasee to incur any expenses whatsoever.
8. I FURTHER ACKNOWLEDGE AND AGREE that this agreement is intended to be as
broad and inclusive as permitted by law and that if any provision or portion is held to be
invalid, contrary to law, void or otherwise unenforceable, that such portion does not
void any other part of this Agreement and that the remaining provisions or portions
shall continue and remain in full legal force and effort.
9. I FURTHER ACKNOWLEDGE AND AGREE that it is my understanding and intent that
this Agreement, and any signed written amendments or modifications to it, shall remain
in full force and effect by the state of Florida, Broward County (or state and county
execution) and shall be applicable to each and every occasion that I or any guest of mine
enter into on the Range, use the Range facilities or equipment or engage in or observe
shooting or other activities at the Range.
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​Students attest to and will be required to sign a liability waiver and sign a statement certifying they:
• ARE over 18 years of age (if under 18, legal guardian must sign the waiver and register and attend the course alongside minor)
• Are NOT under the influence of any drugs, including Marijuana, alcohol, etc
• Are NOT using or are addicted to any unlawful controlled substances
• ARE a United States citizen or Permanent Legal Resident (Green Card)
• Are NOT a convicted felon that has not been annulled or pardoned
• Are NOT under indictment in any court for a crime punishable by imprisonment for a term exceeding one year
• Are NOT a fugitive from justice
• Are NOT adjudicated as a mental defective or have been committed to any mental institution.
• Are NOT under a court order restraining you from harassing, stalking, or threatening somebody
• Have NOT have been discharged from the military under dishonorable conditions
• Have NOT renounced their United States citizenship
• Have NOT been convicted of a misdemeanor crime of domestic violence
I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. I
ACKNOWLEDGE THAT NO OTHER INDUCEMENT, ASSURANCE OR GUARANTEE HAS BEEN
MADE TO ME IN CONSIDERATION OF MY PURCHASING FROM ASCEND ABOVE INC AND
THIS AGREEMENT, WHICH I AGREE TO VOLUNTARILY AND OF MY OWN FREE WILL. I
FURTHER ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT MAY BE AMENDED OR
MODIFIED ONLY BY A WRITING SIGNED BY ME AND BY AN AUTHORIZED AGENT OF THE
COMPANY.