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Waiver of Liability, Hold Harmless, and Release Agreement

Terms and Conditions of Membership

Leslie McDermott, Inc. known as "The Indoor Gun Range" and the "Axe Caliber" (the “Range”) (the "Club") previously owned by: The CBM Group, Inc. here within accepts the following term and conditions of the Club Membership and shall apply to all levels of membership at The Indoor Gun Range located at 807 Hoosick Road, Troy New York 12180. Any reference to "you", "your", "member", "members" shall refer to not only the primary member listed on the Membership Application but to all parties listed on the Membership Application.

RANGE & CLUB MEMBERSHIP REQUIREMENTS. Applying for a membership to the Club does not guarantee that a Membership Application will be approved or accepted. No Club Membership shall be effective until: (a) A the application is approved and accepted by the Range., (b) the Club Membership dues are paid in full, (c) completed and signed the following: Range Safety Rules, Assumption of Risk and Indemnity Agreement, Waiver and Release of Liability, Terms and Conditions of Membership. The Range reserves the right to approve or reject any Club Membership Application.

RIGHT TO TERMINATE. The Range may terminate any Club Membership at any time for the following reasons: (a) failure to pay Club Membership dues within 10 day grace period after expiration of Club Membership, (b) if in the sole discretion of the Range Management or Range Officer a violation or beach of any of the following items by the conduct of anyone listed under your Club Membership: Range Safety Rules, Assumption of Risk and Indemnity Agreement, Waiver and Release of Liability, Terms and Conditions o Club Membership where to occur and causes the safety, welfare, good order, or character of the Range or any of its members to be compromised your membership will be terminated effective immediately by both verbal and written notice to you. Any and all Club Membership fees and dues shall be earned in full upon receipt and shall be non-refundable in the event of the termination of your Club Membership by the Range for any reason.

MEMBERS RIGHT TO CANCEL. Any Member may cancel their Club Membership, after 3 months by sending written notice to guns@theindoorgunrange.com. Any and all Club Membership fees and dues shall be earned in full upon receipt and shall be non-refundable in the event any member chooses to cancel their Club membership.

CHANGES TO TERMS AND CONDITIONS OF CLUB MEMBERSHIP. The Range, the Club in its sole discretion, reserves the right to discontinue operation of The Indoor Gun Range, Revise the Range Safety Rules, Revise the Assumption of Risk and Indemnity Agreement, Revise Waiver and Release of Liability, Revise Terms and Conditions of Club Membership. The" Range, The Club may sell, lease, or otherwise dispose of the facilities in any manner whatsoever and to any person whomsoever, the Range may add, issue, modify or terminate any category of the Club Membership and the Range may limit the use of the Indoor Range and make changes to Club Membership benefits at any time. Any such changes shall and will be effective on the date said revisions are posted on the Range website or communicated to Members. All changes are binding on you on the effective date of the change.

CHANGES IN THE RULES. The Range, The Club from time to time may change, modify or establish new rules and policies concerning the operation of the Range.  Any changes, modifications, revisions or new rules will be provided to all Club Members by being posted on our website. All members and persons listed on the Club Membership Application acknowledge, accept and agree to follow any changes, modifications, revisions or new rules. Any violation of these rules could result in a suspension or termination of your Club Membership.

CLUB FAMILY MEMBERSHIP. The "Family" Club Membership shall grant privileges only to children between the ages of 10-20 specifically listed on the initial Club Membership Application. Family members listed on the Club Membership Application must live in the same residence, Family members shall only be allowed on the range under the direct supervision of the Parent/Guardian at all times. Parent/Guardian must be in the same booth with the child at all times. Spouses listed on the Club Membership Application shall have full access to the Range as a walk-in or under their own individual Club membership.

COMMUNICATION. Communications between the Range and the Club Members shall be by either email or written notice. As part of your Club membership requirements every Member is required to maintain a valid email address. The email address listed on the Club Membership Application, Member Profile or the email address registered with the Range for purposes of mailing list subscriptions shall be used by the Range to communicate with you. If you have the need for correspondence or notices required shall be sent to guns@theindoorgunrange.com. Either party may update or change email address for communication purposes by send a change of address notice to the other party.

LIABILITY. All individuals listed on the Club Membership Application shall be financially responsible and liable for any damage resulting from the acts or omissions of such Members on the property of the Range. This includes damage to the target carriers, computer controls, bullet trap, target carrier rails, ballistic glass, furniture or furnishing, or any other property of the Range either intentional or unintentional. You are fully responsible for the loss or theft of, or damage to any firearms or other personal property you bring to the Range or leave in your vehicle.

RANGE TIME. The Range reserves the right to limit any Club Member to ½ hour increments when the range is operating a full or near full capacity. At all others times a Club Member may shoot as long as they desire. The range closes 30 min prior to the posted facility closing time for that day. This means we will not allow any Club Members access to the Range however, if you are already on the range, you are welcome to continue training until 15 min prior to the posted closing time for that day.

GENERAL TERMS. (a) The rights and obligations of the parties arising out of Club Membership, including Range Safety Rules, Assumption of Risk and Indemnity Agreement, Waiver and Release of Liability, Terms and Conditions of Club Membership as set forth within each agreement, as amended from time to time, shall be governed by the laws of the State of New York. (b) If any term or provision of Range Safety Rules, Assumption of Risk and Indemnity Agreement, Waiver and Release of Liability, Terms and Conditions of Club Membership be deemed invalid or unenforceable in any of the above mentioned agreements it shall not affect the validity or enforceability of the remaining terms or provisions of the Range Safety Rules, Assumption of Risk and Indemnity Agreement, Waiver and Release of Liability, Terms and Conditions of Club Membership Agreements and they will remain in full force and effect. (c) Any waiver by the Range of any right or obligation in the Range Safety Rules, Assumption of Risk and Indemnity Agreement, Waiver and Release of Liability, Terms and Conditions of Club Membership shall be deemed a continuing waiver and no failure by the Range to exercise in whole or in part any rights provided to the Range shall prevent the later exercise of such right or any other right. (d) Club Members and all individuals listed on the Club Membership Application hereby acknowledge that there are no promises, warranties or representations, express or implied, pertaining directly or indirectly to the Club Membership which are not contained herein, in the Club Membership Application or on the Range website. (e) At the sole discretion and control of the Range the Club Membership's available, applicable fees, suspension or expulsion of Club Members, and all other matters affecting or relating to the Members the management of the Range will have the final word. (f) Club Memberships to the Range are personal to the Primary Member completing the Club Membership Application and may not be transferred or assigned to any other person. In the event of the death of the Primary Member the Club Membership will be terminated and a credit issued at a prorated amount for the remaining months of Club membership. If there is a surviving spouse, they may use the credit toward their new Club Membership but at no time will a refund be given. If the Primary Member becomes legally separated or divorced, ownership of the Club Membership shall stay with the Primary Member unless or until the Club Membership is awarded to the spouse by written agreement or final divorce decree. Written notice of such document must be presented to the Range. The Range will gladly accept Club Membership Applications from any individual, couple, family, facility, or business without regard to race, color, creed, gender, religion or national origin, nor shall such matters ever be made a condition of Club Membership; however, the Range reserves the right to approve or reject any Club Membership Application.

WAIVER AND RELEASE OF LIABILITY

The Range strives to maintain safe and effective facilities to be used by Members for safety and training; however due to the numerous variables involved in firearm safety and training. The Range cannot and does not accept responsibility for any injury, damage or loss incurred by any person while using the facilities of the Range. In consideration of permitting me (listed persons), to participate in range activities and/or enroll and/or participate in the Range instructional & training courses and any other related operations conducted by and through the facility of the Range, located at 807 Hoosick Rd Troy, NY 12180, I for myself, I for my children, I for minors that I am a legal guardian of, my personal representatives, my heirs, next of kin and any other entity claiming by or through me and/or I the undersigned Applicant:

HEREBY acknowledge that any and all firearm's related activities are potentially dangerous and involves the risk of serious injury and/or death and/or property damage. I further acknowledge that any or all of the instructional material covered and or presented by the Range, are only general guidelines and proven fundamentals presented purposely to provide quality training in the safe handling and proper use of firearms available to law abiding citizens. 

HEREBY acknowledge that firearm ammunition both reloaded and factory new, on all firearms use, may be hazardous in nature and may cause substantial injury to property and persons. Leslie McDermott, Inc. or The CBM Group, Inc.’s owners and staff will not be held liable or responsible for any damages incurred from the use of ammunition. Any and all issues will be with the manufacture of that ammunition. I agree to assume all risk of injury to my property and persons and waive the right to bring any and all claims against the Range or their employees, regardless of whether any representations have been made regarding suitability of any type of ammunition for any particular firearm or purpose.    

HEREBY release, waive, discharge, and agree not to sue Leslie McDermott, Inc. or The CBM Group, Inc., the above business, its facility, owners of the property facility is located upon and/or any of its officers, shareholders, instructors, employees, agents, volunteers and their successors, their heirs (the "Releases") from all liability to myself, and/or for my children and, and/or any minors that I am a legal guardian of, my personal representatives, assigns, heirs, and next of kin and any other entity claiming by or through me for any and all loss or damages, and any claim or demands therefor arising out of or on account of participation and/or instruction in said course, activities, or any other related operations that might occur, whether caused by negligence of the "Releases" or otherwise, including but not limited to death or injury to my persons or property.

HEREBY assume full responsibility for any risk of bodily injury, death, and/or property damage, now and forever, arising out of or related participation and/or instruction in said course, activities, or any other related operations, whether foreseen or unforeseen and whether caused by negligence of the "Releases" or otherwise.

HEREBY separately agree to Indemnify and Save and Hold Harmless the Releases from any and all loss, liability, damage, claims, demands, causes of action, suits at law or in equity, attorney fees, and/or any and all costs that they may incur, now and forever, arising out of or related to my participation and/or instruction in said courses, range activities, activities and/or my presence in the facility or upon the property, whether caused by the negligence of the "Releases", the negligence of myself, the negligence of others, or otherwise.

HEREBY it is my intention by signing this paper to bar me now and forever from suing and to release Leslie McDermott, Inc. and/or  The CBM Group, Inc. its facility, owners of the property facility is located upon and/or any of its officers, shareholders, instructors, employees, agents, volunteers and their successors and their heirs even as to injuries, damages, to person or property, and illnesses, rights and claims not mentioned herein or not known to me.

HEREBY this is a full release and discharge of all matters now and in the future, known and unknown, suspected or unsuspected, arising from, involving or connected to my use of the facilities of the Range, the Club. I understand that Leslie McDermott, Inc. and/or The CBM Group, Inc.is relying on my promise and agreements in this Waiver of Release and Liability Assumption of Risk and Indemnity Agreement, including this paragraph, in making the determination of whether I will be permitted the use of the facilities of the Range.

HEREBY acknowledge except as modified by additional written agreements or as provided for in this Waiver of Release and Liability Assumption of Risk and Indemnity Agreement when accepted by Leslie McDermott, Inc. and/or The CBM Group, Inc. shall constitute the agreement of all parties.

RANGE SAFETY RULES

  • NO one is allowed in the Range, the Club under the influence of alcohol or any other controlled substance.
  • NO loaded firearms are to enter or exit the building. All magazines and speed loaders must be unloaded. Load firearms at firing line only.
  • No firearms are allowed in the store without being cased.
  • All persons entering the Range, the Club must sign the Waiver of Liability, Hold Harmless, and Release Agreement.
  • Firearms may be inspected at any time by a Staff member. Any firearm or ammunition may be refused for any reason by Range officer.
  • Only firearms in handgun calipers under 45 Colt including 410 gauge are allowed. Ammunition above and including 454 Casull, 460 S&W, 480 Ruger, 50 AE, 500 S&W are NOT allowed in the Range.
  • Eye and ear protection must be worn in the range area at all times.
  • Unauthorized targets will NOT be permitted. Shooting at anything other than your own target is NOT permitted.
  • The muzzle of all firearms must be pointed downrange at all times. If a member must leave the booth, the firearm must be unloaded and breach left open.
  • All firearms must arrive at the shooting booth and exit in a case.
  • All targets must hang NO higher than the shooters head to prevent shooting outside the targeted area.
  • Drawing from any kind of holsters is not permitted. NO speed, fast or rapid shooting will be allowed.
  • If a firearm malfunctions, keep the firearm pointed downrange and notify the staff.
  • NO ammunition with STEEL or ALUMINUMcasingNO steel core or tracer rounds. NO steel shot.
  • NO RELOADED or RE-MANUFACTURED ammunition.
  • All members must comply with all staff members at the Indoor Gun Range. 
  • Crossing the firing line is prohibited.
  • All firearms are to remain above the shooting table at all times. No kneeling, laying or prone positions.
  • Any brass or ammunition that hits the floor is the property of “The Indoor Gun Range”. Collection of brass is not allowed.
  • Any act to be deemed unsafe or hazardous will result in immediate dismissal from the premises and membership privileges revoked without refund.

AXE THROWING SAFETY RULES

  • Be aware of your surroundings. Make sure the area around your throw is free of anything that might end up affecting your throw.
  • Do not attempt to catch an axe. If an axe bounces off a target, take a short step back and to the side in your lane.
  • Enter a lane only when it is entirely clear. You must remain behind the walled area at all times if you are not throwing.
  • Step directly into your lane while entering a lane and do not wander into another player’s territory.
  • Do not remove an axe from the throwing area. All axes must remain in the fenced area at all times.
  • Only throw from within the throwing box. 
  • Must throw only 1 axe at a time.
  • Do not stick fingers or other objects through fence between lane.
  • No drinks/drinking allowed in the lane.
  • No alcohol/smoking/tobacco products/vaping allowed anywhere on the property.
  • It's at the discretion of management to turn away guests we believe are of not sound mind or body.

I have read the Range Safety Rules, Waiver and Release of Liability, and Terms and Conditions of Club Membership and agree that will fully comply with all of the above statements and am aware that these rules are subject to change at any time. I will assume full responsibility for any and all injuries, losses and or damages which may occur to me while on the premises of the Range and to the maximum extent, I agree to release , indemnify and hold harmless Leslie McDermott, Inc. and The CBM Group, Inc. staff from any liability whatsoever for injuries, losses or damages; I agree that I will indemnify and hold harmless Leslie McDermott, Inc. and The CBM Group, Inc. its facility, owners of the property facility is located upon and/or any of its officers, shareholders, instructors, employees, agents, volunteers and their successors and their heirs even as to injuries, damages, to person or property, and illnesses, rights and claims not mentioned herein or not known to me. Hold harmless, to the maximum extent allowed by the law, from cost (including legal fees), injuries, damage, losses or liability to the third parties for claims asserted against Leslie McDermott, Inc. and The CBM Group, Inc. staff, arising from my conduct, while on the premises of the Range. 

 


First Participant Name

First Name*

Last Name*

Phone*
First Participant Date of Birth*
First Participant Signature*
Second Participant Name

First Name*

Last Name*

Phone*
Second Participant Date of Birth*
Third Participant Name

First Name*

Last Name*

Phone*
Third Participant Date of Birth*
Fourth Participant Name

First Name*

Last Name*

Phone*
Fourth Participant Date of Birth*
Fifth Participant Name

First Name*

Last Name*

Phone*
Fifth Participant Date of Birth*
Sixth Participant Name

First Name*

Last Name*

Phone*
Sixth Participant Date of Birth*
Seventh Participant Name

First Name*

Last Name*

Phone*
Seventh Participant Date of Birth*
Eighth Participant Name

First Name*

Last Name*

Phone*
Eighth Participant Date of Birth*
Ninth Participant Name

First Name*

Last Name*

Phone*
Ninth Participant Date of Birth*
Tenth Participant Name

First Name*

Last Name*

Phone*
Tenth Participant Date of Birth*
Participant Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Parent or Guardian's Driver's License / ID Card

Driver's License / ID Card Number*

Issuing State*
If you do not have a Drivers License, enter your Passport # in the box below.

If you do not have a Passport, type N/A in the box below.


Passport Number
Country

If your Country is not listed above, please list here.

Do you have a New York State Pistol Permit?

If YES, please check YES and add your Pistol Permit # in the box below. 

If you do not have a New York State Pistol Permit, check NO and type N/A in the box below. 

No
Yes

Pistol Permit #
Are you a Law Enforcement Official?

If YES, please add your Badge/Shield # and Agency information in the box below. 

If your not a Law Enforcement Official, please type N/A in the box below. 


Badge / Shield #

Agency
Please answer the following questions:
Are you pregnant? If yes, due to lead exposure hazard to you and your unborn, you are unable to enter the Range.*
Yes
No
Are you a fugitive from justice? *
Yes
No
Are you subject to a court order restraining you from harassing, stalking, or threatening your child or an intimate partner or child of such partner? *
Yes
No
Are you prohibited from possessing a firearm? *
Yes
No
Are you an unlawful user of, or addicted to, any depressants, stimulants, narcotic drug, marijuana, or any other controlled substance? *
Yes
No
Have you ever been adjudicated mentally defective or have you ever been committed to a mental institution? *
Yes
No
Have you ever been convicted in any court of a felony, or any other crime for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?*
Yes
No
Have you ever been convicted in any court of a misdemeanor crime of domestic violence?*
Yes
No
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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