BAER’S GUN CLUB LLC
d/b/a TAC2 GUN CLUB
ASSUMPTION OF RISK, RELEASE OF LIABILITY, COVENANT NOT TO SUE & INDEMNIFICATION AGREEMENT
PLEASE READ CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT THAT AFFECTS YOUR LEGAL RIGHTS.
In consideration for being permitted to enter upon, use, participate in activities at, or otherwise be present on property owned, leased, operated, or controlled by Baer’s Gun Club LLC d/b/a TAC2 Gun Club (“TAC2”), including its shooting ranges, shooting bays, roads, parking areas, structures, training areas, competition areas, and other facilities (collectively, the “Facility”), I voluntarily enter into this Agreement.
For purposes of this Agreement, the term “Released Parties” means Baer’s Gun Club LLC d/b/a TAC2 Gun Club, together with its current and future members, managers, owners, officers, employees, contractors, range safety officers, instructors, match directors, volunteers, agents, representatives, affiliates, successors, assigns, property owners, and insurers.
1. ACKNOWLEDGMENT OF INHERENT AND OTHER RISKS
I understand and acknowledge that firearms, shooting sports, firearms training, competitions, and presence on or around an active shooting range involve inherent and potentially serious risks, including risks that cannot be completely eliminated regardless of the precautions taken.
I understand that these risks include, but are not limited to:
· Accidental, unintended, or negligent discharge of firearms;
· Gunshot wounds and other firearm-related injuries;
· Ricochets, bullet fragments, bullet splash, projectiles, target fragments, and flying debris;
· Firearm, ammunition, magazine, target, or equipment malfunction or failure;
· Injuries resulting from firearms or ammunition brought onto the Facility by other persons;
· Actions or negligence of other members, guests, competitors, spectators, instructors, range personnel, or third parties;
· Hearing damage, hearing loss, tinnitus, eye injuries, and other injuries resulting from gunfire;
· Burns, cuts, abrasions, lacerations, impact injuries, and other physical injuries;
· Exposure to lead, gunpowder residue, smoke, dust, chemicals, and other substances associated with firearms and shooting activities;
· Slips, trips, falls, uneven terrain, gravel, mud, berms, drainage areas, vegetation, obstacles, and other natural or man-made conditions;
· Falling, moving, damaged, or improperly installed targets or target stands;
· Motor vehicles, tractors, utility vehicles, trailers, maintenance equipment, and other machinery operating on the Facility;
· Extreme temperatures, rain, wind, lightning, storms, insects, wildlife, and other outdoor or environmental hazards;
· Physical exertion associated with shooting competitions, training, movement between shooting positions, or other activities;
· Delayed availability of emergency medical treatment due to the nature or location of the Facility; and
· Other known and unknown risks associated with firearms, shooting ranges, competitions, training, outdoor recreation, and presence at the Facility.
I understand that these risks may result in PROPERTY DAMAGE, SERIOUS BODILY INJURY, PERMANENT DISABILITY, PARALYSIS, OR DEATH.
2. VOLUNTARY PARTICIPATION AND ASSUMPTION OF RISK
I voluntarily choose to enter and use the Facility and/or participate in shooting, training, competition, recreational, observational, or other activities conducted at TAC2.
I understand the nature of these activities and acknowledge that I am responsible for determining whether I possess the knowledge, skills, physical ability, equipment, and judgment necessary to participate safely.
I KNOWINGLY, VOLUNTARILY, AND EXPRESSLY ASSUME ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE ASSOCIATED WITH MY ENTRY UPON, PRESENCE AT, OR USE OF THE FACILITY AND MY PARTICIPATION IN ACTIVITIES AT TAC2, INCLUDING BOTH KNOWN AND UNKNOWN RISKS AND RISKS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY TENNESSEE LAW.
3. EYE AND HEARING PROTECTION
I understand that firearms produce potentially dangerous noise levels and may produce fragments, debris, gases, and other hazards.
I agree to wear appropriate eye and hearing protection whenever required by TAC2 Range Rules, posted signage, a Range Safety Officer, Match Director, instructor, or other authorized TAC2 representative.
I understand that protective equipment reduces but does not eliminate the risk of injury.
4. RELEASE AND WAIVER OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY TENNESSEE LAW, I HEREBY RELEASE, WAIVE, AND DISCHARGE THE RELEASED PARTIES FROM CLAIMS ARISING FROM PERSONAL INJURY, PROPERTY DAMAGE, DISABILITY, OR DEATH THAT I MAY SUFFER AS A RESULT OF MY PRESENCE AT OR PARTICIPATION IN ACTIVITIES AT TAC2, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF ONE OR MORE OF THE RELEASED PARTIES.
This Release includes, without limitation, claims relating to:
· The condition, design, maintenance, inspection, or operation of the Facility;
· Shooting bays, berms, backstops, targets, target systems, roads, parking areas, buildings, structures, and grounds;
· Actions or omissions of employees, contractors, instructors, Range Safety Officers, Match Directors, volunteers, members, or other persons;
· Supervision or lack of supervision;
· Enforcement or failure to enforce range rules;
· Equipment owned, supplied, maintained, or made available by TAC2;
· Emergency response or medical assistance; and
· Other ordinary negligence attributable to a Released Party.
I UNDERSTAND THAT BY SIGNING THIS AGREEMENT I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO ASSERT CERTAIN NEGLIGENCE CLAIMS AGAINST THE RELEASED PARTIES.
Nothing in this Agreement is intended to release liability that cannot lawfully be released under Tennessee law.
5. COVENANT NOT TO SUE
To the fullest extent permitted by law, I agree that I will not initiate, maintain, assist, or voluntarily participate in a lawsuit or other legal claim against any Released Party concerning a claim that I have released under this Agreement.
I understand that this covenant is intended to supplement, and not replace, the Release and Waiver of Liability contained above.
6. INDEMNIFICATION AND HOLD HARMLESS
To the fullest extent permitted by Tennessee law, I agree to indemnify, defend, and hold harmless the Released Parties from third-party claims, demands, actions, damages, judgments, liabilities, costs, and reasonable attorneys’ fees arising from or relating to my own negligent, reckless, intentional, unlawful, or rule-violating conduct while on the Facility or participating in activities associated with TAC2.
This includes, without limitation, claims resulting from:
· My handling, possession, discharge, transportation, or storage of a firearm or ammunition;
· My violation of TAC2 Range Rules;
· My failure to follow instructions given by authorized TAC2 personnel;
· Injury or property damage that I cause to another person;
· Damage I cause to TAC2 property or the property of another person;
· My unauthorized use of targets, equipment, vehicles, buildings, ranges, or other portions of the Facility; or
· My conduct that causes TAC2 or another Released Party to be named in a claim or lawsuit.
This indemnification obligation is intended primarily to address claims caused by my conduct and is not intended to require me to indemnify a Released Party for liability that Tennessee law prohibits that party from transferring or disclaiming.
7. COMPLIANCE WITH RANGE RULES
I acknowledge that I have been provided access to, or an opportunity to review, the current TAC2 Gun Club Range Rules.
I agree that:
1. I will comply with all TAC2 Range Rules, posted signs, safety requirements, and lawful instructions issued by authorized TAC2 personnel.
2. I am personally responsible for knowing and following all applicable firearm laws.
3. I will treat every firearm as if it is loaded.
4. I will maintain control of my firearm and keep it pointed in a safe direction.
5. I will keep my finger off the trigger until I am ready to fire.
6. I will identify my target and understand what is beyond it before firing.
7. I will not intentionally fire over a berm, outside an authorized impact area, or in an unsafe direction.
8. I will immediately cease firing whenever a cease-fire is called.
9. I will not handle firearms while persons are downrange unless specifically permitted under an authorized competition or training procedure.
10. I will use only firearms, ammunition, targets, and shooting practices permitted by TAC2 rules.
11. I will immediately report unsafe conditions, injuries, property damage, or significant safety incidents to TAC2 management or authorized personnel.
I understand that TAC2 may immediately suspend or revoke my range privileges or membership for unsafe conduct or violation of range rules.
8. ALCOHOL, DRUGS, AND IMPAIRMENT
I will not possess, handle, or discharge a firearm at TAC2 while impaired by alcohol, illegal drugs, marijuana, medication, fatigue, illness, or any other substance or condition that materially impairs my ability to safely handle firearms.
I understand that TAC2 may prohibit me from shooting or require me to leave the Facility if TAC2 reasonably believes that I am impaired or otherwise unable to safely participate.
9. LEGAL ELIGIBILITY TO POSSESS FIREARMS
I represent that, whenever I possess or use a firearm at TAC2, I am legally permitted to possess that firearm under applicable federal, state, and local law.
I understand that it is my responsibility—not TAC2’s—to determine my legal eligibility to possess, transport, or use any firearm or ammunition.
I agree not to provide a firearm or ammunition to another person when I know or reasonably should know that the person is prohibited from possessing it.
10. MEDICAL TREATMENT AND EMERGENCY RESPONSE
If I become injured or incapacitated while at TAC2, I authorize TAC2 personnel or other persons present to contact emergency medical services and provide or arrange reasonable emergency assistance when circumstances warrant.
I understand that TAC2 does not guarantee the availability of medical personnel or emergency services and that emergency response times may vary.
Except to the extent otherwise required by law, I accept responsibility for costs associated with medical treatment, transportation, or emergency services provided to me.
11. DAMAGE TO PROPERTY
I accept responsibility for damage that I intentionally or negligently cause to TAC2 property, including but not limited to target systems, target stands, structures, signs, gates, roads, buildings, equipment, vehicles, shooting benches, berm infrastructure, and other Facility property.
TAC2 may seek reimbursement for reasonable repair or replacement costs resulting from such damage.
12. MEMBERS, GUESTS, COMPETITORS, AND SPECTATORS
I understand that this Agreement applies to my presence at TAC2 whether I am acting as a:
· Member;
· Guest;
· Competitor;
· Match participant;
· Student;
· Instructor;
· Volunteer;
· Spectator; or
· Other authorized visitor.
Participation in an organized match, class, training event, or other activity does not eliminate or supersede this Agreement unless TAC2 expressly agrees otherwise in writing.
13. MEMBERSHIP AND ACCESS CREDENTIALS
I understand that membership in TAC2 is a privilege and does not create an unrestricted right to use the Facility.
Access cards, electronic gate credentials, codes, keys, or other access methods issued to me are for authorized use only and may not be transferred or shared except as expressly permitted by TAC2.
TAC2 may suspend or revoke membership or Facility access for violations of Range Rules, unsafe conduct, unauthorized access, misuse of access credentials, unlawful activity, or other conduct inconsistent with safe operation of the Facility.
14. TERM AND ANNUAL RENEWAL
This Agreement becomes effective on the date I sign it and remains effective until:
1. My execution of a replacement waiver or agreement accepted by TAC2
TAC2 may require execution of a new waiver as a condition of annual membership renewal, continued membership, participation in an event, or continued access to the Facility.
Execution of a new waiver may be required before electronic gate credentials or membership privileges are renewed or reactivated.
15. ELECTRONIC SIGNATURE AND RECORDS
I agree that this Agreement may be executed electronically.
I intend my electronic signature, typed signature, touchscreen signature, checkbox acknowledgment, or other electronic execution method accepted by TAC2 to constitute my legally binding signature to the fullest extent permitted by applicable law.
I consent to TAC2 maintaining an electronic copy of this Agreement and records associated with its execution.
16. TENNESSEE LAW AND VENUE
This Agreement shall be interpreted under the laws of the State of Tennessee, without regard to conflict-of-law principles.
To the extent permitted by law, any legal action concerning this Agreement or my use of TAC2 shall be brought in a court of competent jurisdiction serving the county in Tennessee where the Facility is located.
17. SEVERABILITY
If any provision of this Agreement is determined to be invalid or unenforceable, that provision shall be enforced to the maximum extent permitted by law or severed as appropriate, and the remaining provisions shall remain in effect to the fullest extent permitted by law.
18. NO ORAL MODIFICATION
I understand that statements made by employees, volunteers, members, Range Safety Officers, instructors, or other persons do not modify this Agreement.
Any modification or waiver of this Agreement by TAC2 must be authorized in writing by Baer’s Gun Club LLC.
19. ACKNOWLEDGMENT OF UNDERSTANDING
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS ENTIRE AGREEMENT BEFORE SIGNING IT.
I understand that this document contains an ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, COVENANT NOT TO SUE, AND INDEMNIFICATION AGREEMENT.
I understand that this Agreement affects important legal rights.
I acknowledge that I have had the opportunity to ask questions about this Agreement and, if desired, consult with legal counsel before signing it.
I am signing this Agreement voluntarily and without coercion.
I SPECIFICALLY ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMITTED BY TENNESSEE LAW, THIS AGREEMENT RELEASES CERTAIN CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF BAER’S GUN CLUB LLC d/b/a TAC2 GUN CLUB AND THE OTHER RELEASED PARTIES.
REQUIRED ACKNOWLEDGMENTS
Initial each item or electronically check each box before signing:
I have read and understand the Acknowledgment of Risks and Assumption of Risk.
I understand that firearms and shooting activities may result in SERIOUS INJURY OR DEATH.
I have read and understand the Release and Waiver of Liability.
I specifically understand that I am releasing certain claims arising from the ORDINARY NEGLIGENCE OF THE RELEASED PARTIES, to the fullest extent permitted by Tennessee law.
I have read and understand the Covenant Not to Sue.
I have read and understand the Indemnification and Hold Harmless provision.
I agree to comply with the current TAC2 Gun Club Range Rules.
I certify that I am legally permitted to possess any firearm that I bring onto or use at TAC2.
I understand that violation of TAC2 safety rules may result in immediate suspension or revocation of my membership or range privileges.
I understand that my signature is voluntary and that this Agreement affects important legal rights.
Waiver Version: Baer's Gun Club LLV Waiver V1.01
