Georgia Southern University Shooting Sports Education Center

Assumption of Risk, Waiver of Liability, and Indemnification Agreement

The Georgia Southern University Shooting Sports Education Center (hereafter referred to as the CENTER) provides an opportunity for students, faculty, staff, and visitors to learn, practice, or improve shooting skills in both archery and firearms. The CENTER feels it is important that the PARTICIPANT/PARENT (which refers to Adult Participants as well as Minor Participants and their Parents/Legal Guardians) understand that shooting sports have many risks that are integral to the activity and cannot be eliminated without altering the nature of the sports. These risks are called inherent risks, of which, there are several types. Some are activity-related risks which include, but are not limited to: being struck by a bullet, arrow, ricochet, or other projectile; explosions; loud noises; and inhalation or other harmful contact with lead or other contaminants. Examples of facility/equipment-related risks include, but are not limited to: unknown, latent, or obvious facility defects; defective guns, ammunition, arrows, bows, or other equipment; unexploded ammunition; and failure of bullet traps. Human- related risks include, but are not limited to: inappropriate or negligent actions of co-participants; participant overestimating his/her capacity (e.g. excess poundage); inappropriate clothing or inadequate protection by participant; participant failure to obey CENTER rules; instructor or staff misjudgment of environment, weather conditions, fitness of rental equipment, or participant ability.

Three kinds of injuries can occur in shooting archery and firearms. The most common are minor injuries which include, but are not limited to: hand injuries (calluses, pinches, and punctures); bruises/scrapes to face, chest, breast, or forearm; and headaches. Major injuries include, but are not limited to: gunshot wounds or arrow punctures; lead poisoning; eardrum injury, and eye injury. Catastrophic injuries, though very rare, include, but are not limited to: loss of vision or hearing; heart attack, stroke, paralysis, or death. The CENTER has developed rules and policies designed to minimize the likelihood of injury and maximize the safe participation of all.

Assumption of Inherent Risks: I, the PARTICIPANT/PARENT, have read the above paragraphs and know that CENTER activities contain inherent risks. I appreciate the types of injuries that may occur as a result of CENTER activities and their potential impact on participant well-being and lifestyle. I hereby assert that participation is voluntary and that I knowingly assume all inherent risks.

Waiver of Liability for Ordinary Negligence: In consideration of permission to use the CENTER property, facilities, and services, today and on all future dates, I, the PARTICIPANT/PARENT, on behalf of myself, my spouse, my heirs, personal representatives, and assigns [hereafter referred to as Releasing Parties] do hereby release, waive, discharge, and covenant not to sue CENTER, Georgia Southern University, the Board of Regents of the University System of Georgia, the Georgia State Tort Claims Trust Fund, and all their officers, directors, attorneys, agents, employees, contractors, volunteers, GSU organizations (e.g., rifle team, clubs) and equipment providers [hereafter referred to as Protected Parties] from liability from any and all claims arising from the ordinary negligence of CENTER or the other protected parties.

This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from participation in CENTER activities (including, but not limited to: individual shooting, instruction, classes, use of or failure of rental equipment, rifle team activities, clubs, observation, competitive events, shower/team room, and all premises, sidewalks, and parking lots); and to 2) any and all claims resulting from the damage to, loss of, or theft of property.

Indemnification Agreement: I, the Adult Participant or Parent/Guardian of a Minor Participant, agree to hold harmless, defend, and indemnify CENTER and Protected Parties (that is, defend and pay any judgment and costs, including investigation costs, attorney’s fees and related expenses)

·     From any and all claims of the Releasing Parties arising from an injury or loss by myself or my Minor Participant due to participation or presence at CENTER including claims arising from the inherent risks of CENTER activities, from the ordinary negligence of CENTER or Protected Parties.

·     From any loss due to the conduct of myself or my Minor Participant in the course of our presence and/or participation at the CENTER.

Clarifying Agreements:

(1)  I, the PARTICIPANT/PARENT, confirm that this is the entire agreement between me and CENTER and cannot be modified or changed in any way by statements by any agent or employee of CENTER. (2) I understand that if legal action is brought, the appropriate trial court for Fulton County, Georgia or the United States District Court for the Northern District of Georgia has the sole and exclusive jurisdiction and that only the substantive laws of the State of Georgia shall apply.

(3) I further expressly agree that the foregoing Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Georgia and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. (4) I further