Range Waiver

Release, Waiver of Liability, and Assumption of Risk 

READ CAREFULLY – YOU WILL BE RIDING AT YOUR OWN RISK 

I, the undersigned (hereinafter “I” or “me”), hereby acknowledge that I desire to voluntarily participate in the activities and services provided by Beneficial Consolidated Management, Inc. (dba Hidden Falls Adventure Park and Copperhead Creek Shooting Club), Ba 9.9, L.P. (land owner), , its owners, agents, staff, operators, volunteers, directors, and heirs (hereinafter collectively referred to as “Principal Group”), including but not limited to, the use of the trails/premises where shooting sports, camping, use of off highway/road vehicles or other vehicles, or any other activity (hereinafter known as “Activities”) on the private property operated by Principal Group (hereinafter the “Property”).   

Release:  

IN CONSIDERATION OF THE ABOVE AND BEING ALLOWED ACCESS TO THE PROPERTY OF THE PRINCIPAL GROUP, I HEREBY ASSUME ALL RISK AND FULLY RELEASE, ACQUIT, REMISE, WAIVE, COVENANT NOT TO SUE AND FOREVER DISCHARGE PRINCIPAL GROUP, INCLUDING ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OR OTHER RELATED ENTITIES, SUCCESSORS, OWNERS, MEMBERS, DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, EMPLOYEES, SERVANTS, ASSIGNS, INVESTORS, LEGAL REPRESENTATIVES AND ALL INDIVIDUALS OR ENTITIES INVOLVED IN THE OPERATION OF PRINCIPAL GROUP, OF AND FROM ANY AND ALL PAST, PRESENT AND FUTURE CLAIMS ARISING FROM THEIR ACTS AND/OR OMISSIONS, INCLUDING BUT NOT LIMITED TO, DEMANDS, OBLIGATIONS, ACTIONS, CAUSES OF ACTION, RIGHTS, DAMAGES, COSTS, NEGLIGENCE CLAIMS, GROSS NEGLIGENCE CLAIMS, AND ANY OTHER FORM OF COMPENSATORY CLAIMS OF ANY NATURE WHATSOEVER, WHETHER BASED IN TORT, CONTRACT OR OTHER THEORY OF RECOVERY, WHETHER SAME BE KNOWN AND REALIZED OR UNKNOWN AND NOT REALIZED, THAT I, MY ASSIGNEES, HEIRS, OR LEGAL REPRESENTATIVES NOW HAVE, HAVE HAD, OR EVER WILL HAVE; FOR INJURY, DEATH, OR DAMAGE RESULTING FROM MY PARTICIPATION AND THE RISKS INVOLVED IN SAME IN ACTIVITIES AND SERVICES PROVIDED ON THE PROPERTY OF THE PRINCIPAL GROUP.  THIS RELEASE IS INTENDED BY BOTH PARTIES TO BE AS BROAD IN EFFECT AS ALLOWED BY LAW. 

I RECOGNIZE THAT THIS RELEASE FULLY APPLIES TO ALL INJURIES AND DAMAGE CAUSED BY THE NEGLIGENCE AND/OR GROSS NEGLIGENCE OF PRINCIPAL GROUP. 

Assumption of the Risk: 

I UNDERSTAND AND ACKNOWLEDGE THAT THE ACTIVITIES ON THE PROPERTY OPERATED BY PRINCIPAL GROUP ARE DANGEROUS AND INVOLVES THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE.  I AM ASSUMING, ON BEHALF OF MYSELF, ALL RISK OF PERSONAL INJURY, DEATH, OR DISABILITY TO MYSELF THAT MAY RESULT FROM PARTICIPATION, OR ANY DAMAGE, LOSS OR THEFT OF ANY PERSONAL PROPERTY WHICH I MAY INCUR.  I AM AWARE, UNDERSTAND AND ACKNOWLEDGE THAT PARTICIPATION IN THE ACTIVITIES ON THE PRIVATE PROPERTY OWNED BY PRINCIPAL GROUP ARE HAZARDOUS ACTIVITIES AND INVOLVE INHERENT RISKS OF DANGER OR INJURY, INCLUDING BUT NOT LIMITED TO, VEHICLE COLLISIONS, DAMAGE TO PERSON OR PROPERTY CAUSED BY TRAIL AND PROPERTY CONDITION, DEATH OR INJURY CAUSED BY THE USE OF FIREARMS USED ON THE PREMISES, SPRAINS, STRAINS, FRACTURES, CONCUSSIONS, CONTUSIONS, LACERATIONS, ABNORMAL BLOOD PRESSURE, HEART DISORDERS, FAINTING, SHORTNESS OF BREATH, CHEST PAIN, STROKES, HEART ATTACK, OR EVEN DEATH THAT CAN OCCUR (HEREINAFTER COLLECTIVELY REFERRED TO AS “RISKS”).  I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES AND SERVICES ON THE PROPERTY OPERATED BY PRINCIPAL GROUP WITH THE KNOWLEDGE OF THE DANGER INVOLVED WITH THE RISKS AND THE KNOWLEDGE THAT STAFF ASSISTANCE AND/OR MEDICAL FACILITIES MAY NOT BE AVAILABLE IN THE EVENT OF ILLNESS OR INJURY.  I ALSO EXPRESSLY ACKNOWLEDGE THAT HUMAN INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY RESCUE OR FIRST AID FROM PRINCIPAL GROUP, EMS OR FIRE DEPARTMENT.     

Savings Clause: 

I agree that if any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.  For example, should a Court invalidate the release for Principal Group’s gross negligence, the remainder of the release (as well as the remainder of this Agreement), including the release as to Principal Group’s negligence, should still be enforced.  As stated above, it is the intent of the Parties that the Release provided herein be as broad in effect as allowed by law. 

Rules for Entering: 

I acknowledge the rules and regulations for entering the Property of Principal Group and will abide by such rules and regulations and pay any fines assessed.  Failure to follow rules and regulations will result in removal from the Property of Principal Group without any type of refund and possibly being banned from the Property.  Principal Group does not provide refunds for any reason.  I will report any unsafe activities and/or conditions to staff immediately upon observation and/or discovery. 

I authorize Principal Group to utilize photos of me, my family and children for promotional use on the website of Principal Group and/or marketing material. 

By signing this document, I certify that I have had safety and operator training and/or experience with the equipment that I will be using on the Property of Principal Group. 

All accidents or injuries must be reported to Principal Group by calling 830-798-9820.  This number is printed on all trail maps. 

Perpetual: 

I agree that this Release, Waiver, and Assumption of the Risk Agreement is perpetual and applies each time I enter the Property of Principal Group.

GENERAL SAFETY RULES 

Treat all guns as if they are loaded. Be sure of your target and what’s beyond

Always wear hearing and eye protection Keep your finger off the trigger until ready to fire 

Guns & Targets Brought onto the Range 

You are entering private property. All entrants must always obey the rules. We reserve the right to check firearms and to disarm you or refuse service or remove anybody from our property for any reason. All firearms brought into the range must be completely UNLOADED, unless you are a concealed carry license holder. All guns and ammunition may be inspected for cleanliness and safety prior to entering range. Targets must be paper targets. No explosive or 3D or other targets allowed. Rifles allowed only on rifle range (this includes pistol-caliber carbine) and pistols only allowed on pistol range . DO NOT SHOOT AT ANYHTING EXCEPT PAPER TARGETS. No shotguns or shotgun ammunition on the rifle or pistol range, EVER! Slugs are acceptable.

Any person seen firing at lights, baffles or other items which are not targets will lose their membership and/or will be removed from the property without a refund of any kind. This action will also be reported to the proper authorities. Shooter is responsible for any damage he/she has caused plus criminal charges.

Disruptive behavior or failure to comply with staff instructions or rules will not be tolerated and will result in removal from property without a refund and possible criminal prosecution.

 Alcohol, medications that impair judgment and illegal drug use is not permitted. If the RSO suspects, in the RSO’s sole and absolute discretion, a shooter to be under the influence, the shooter will be asked to leave. If violator is not fit to drive his/her vehicle we will call the police and violator will be charged with public intoxication.

ALL SHOOTERS, to include members, are required to check their ammunition for compliance with the range staff at the clubhouse during operating hours. Steel core (penetrator) and Bi-Metal (Steel Jacket), tracer, incendiary ammunition is unauthorized. Shooters WILL be financially responsible for damages and / or loss of revenue caused by their actions. 

1. All persons using the shooting range will be of good character. Appropriate dress is always required. Please remember we are a family orientated facility. Please refrain from spitting tobacco on our concrete slab, use a cup. No smoking is permitted on the firing line.
2. All persons utilizing the range are required to receive and understand and sign our rules, regulations and liability waivers.
3. A responsible adult must accompany persons under the age of 18 to shoot rifles or pistols. Those persons below the age of 21 are not permitted to shoot a handgun unless accompanied by a responsible person 21 or older.
4. Only one shooter per lane. Spotters may sit behind or beside shooter.
5. Nobody is permitted in front of the firing line unless as cease fire or COLD range status is given. 
6. Copperhead Creek Shooting Club, and Principal Group, is not responsible for any items left behind. Be sure you have all your belongings when you leave the range. 

You may keep your brass only or place brass in containers provided. Do not use brass containers for trash. Trash cans are provided. Do not remove brass in brass containers. Removal of brass other than you own is considered theft. 

Safety glasses and ear protection are required to be worn be all shooters, spotters or others under canopy at firing line when line is hot or active. The entire range is a shotgun bird shot fall area so glasses must always be worn on the property. 

I understand and accept the range rules & polices and understand that I am entering a private shooting club at my own risk where I will encounter high levels of noise, the discharge of ammunition from firearms. I am entering this property at my own risk, and I understand that hazards include flying bullets, flying debris, noise are potential hazards which may include injury or death. 

I have read, agree, and understand the rules, regulations and liability waiver and I hold Beneficial Consolidated Management, Inc. Copperhead Shooting Club, Hidden Falls Adventure Park, Bar 9.9, L.P. and West Grid Ranch, LLC, it’s heirs, employees, volunteers harmless from any claim to injury, death or financial compensation to myself, friends or relatives. I also agree to supervise and be responsible for any minor in my care while on the property. 

I also authorize Beneficial Consolidated Management, Inc. (BCMI) to utilize photos and/or videos of me, my family and children for promotional use on BCMI’s web sites and/or marketing materials. This waiver is perpetual.