ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

In consideration of being allowed to enter or use the Facilities, including the shooting ranges, of the Nardis Gun Club SA, LLC located at 4818 Interstate 10 East, San Antonio, Texas 78219 (herein referred to as “Nardis Gun Club” or “NGC”) and to participate in the activities therein, I hereby agree to each of the following terms and conditions of this Agreement:

1. I have read the Nardis Gun Club Range Rules (herein referred to as “Range Rules”), a copy of which has been given to me by NGC. I understand these Range Rules may be amended from time to time and that I am responsible for reviewing the posted Range Rules when I use the Nardis Gun Club Facilities. I agree to obey and comply with the Range Rules, general policies and rules of operation and administration of Nardis Gun Club.
   
   
2. I am familiar with and understand the operation of each firearm (rifle, handgun, shotgun, or machine gun) which I will use at NGC. The word “operation” includes the safe handling, loading and unloading procedures, and safety mechanisms and features of each firearm.
   
   
3. I understand that Nardis Gun Club highly recommends the use of newly manufactured commercial ammunition at all times on NGC ranges. I accept full and complete responsibility for the inherent risks resulting from my and anyone else’s use of reloads or handloads, including all responsibility for personal injuries to myself and others. I also agree to thoroughly check to be sure I am using the correct ammunition at all times.
   
   
4. I agree that prior to participating in or observing any shooting activities, I will inspect the Facilities, firearms and ammunition to be used and, if I believe anything is unsafe for any reason, I will so advise a Range Officer and will leave the unsafe portion of the Facilities immediately.
   
   
5. I acknowledge and fully understand that I and all others engaged in shooting, coaching, observing or training with firearms at Nardis Gun Club will be engaged in activities that involve substantive inherent risks of serious personal injury including disability or death and severe social and economic losses which might result from my actions or inactions or the actions or inactions of others; such risks include but are not limited to:
   
   A. My failure to abide by firearms safety rules or to properly handle or use firearms or ammunition;
   
   B. The failure of others to abide by firearms safety rules or to properly handle or use firearms or ammunition;
   
   C. The characteristics, including the design, manufacturing or other defects, of any firearm or ammunition being used by myself or others at Nardis Gun Club;
   
   D. The characteristics, including the design, construction and maintenance, of Nardis Gun Club’s Facilities including, but not limited to, the multiple firing point ranges; and
   
   E. The inability of Nardis Gun Club personnel (including Range Officers) to, at all times, monitor or supervise NGC members, their guests, hourly fee users and others using the NGC Facilities including said ranges.
   
   
6. I recognize that I may be expelled from the Facilities for violation of the Range Rules or for behavior deemed unsafe by NGC personnel. I agree to abide by any expulsion decision by NGC personnel and that such decisions are final.
   
   
7. I accept full responsibility for any damage or destruction I cause to NGC property or the property of others, whether accidental, negligent, willful or otherwise. NGC property includes, but is not limited to, the Facility, range equipment, target frames, target supports or mechanisms, firearms, signs, and all equipment, electrical and otherwise. NGC reserves the right to recover from me a reasonable charge for any such damage and is entitled to recover its costs, including reasonable attorneys’ fees, incurred in bringing any claim for such damage.
   
   
8. On behalf of myself, my heirs, executors, administrators and assigns, I hereby assume all risk of personal injury and accept personal responsibility for any and all damages that may occur as a result of any such personal injury, disability or death. The word “damages” includes, but is not limited to, the incurring of physical and emotional injury of any kind; loss of physical function, ability or capacity; medical expenses; lost wages or income; loss of consortium and any other compensatory damage.          
   
   
9. On behalf of myself, my heirs, executors, administrators and assigns, I hereby waive, release and discharge Nardis Gun Club SA, LLC dba Nardis Gun Club and Nardis Investment Co, NGC’s landlord, and their affiliates, and their officers, directors, owners (members), managers, employees, agents, successors and assigns ( “Released Parties”) from any and all claims, demands, actions or lawsuits seeking damages on account of any personal injury, disability or death occurring to myself or anyone else, caused in whole or in part or alleged to be so caused by the negligence of any of the Released Parties or caused by anyone else.
   
   
10. On behalf of myself, my heirs, executors, administrators and assigns, I hereby agree to indemnify and defend the Released Parties from any and all claims, demands, actions or lawsuits for any personal injury, disability or death occurring to myself or any other person which result entirely or in part from the actions, failure to act, or negligence of myself, my guests or minors for whom I am responsible.
    
    
11. I agree that this Assumption of Risk and Indemnity Agreement shall be interpreted according to Texas law and that any dispute shall be resolved in Texas.
    
    
12. Membership in the Nardis Gun Club will be available to persons who are legally able to possess a firearm. NGC Members must be in compliance with all federal, state and local laws concerning ownership and handling of firearms. Membership will be granted, and may be revoked, at the sole discretion of NGC.        
    
    
13. I certify as follows: (1) that I am not and never have been the subject of a criminal or other proceeding that prevents me from legally owning, handling or possessing firearms under Texas or Federal law; (2) that I can lawfully own, handle and possess a firearm; and (3) that all information given in this Application is true and correct to the best of my knowledge. 
                          
14. In the event I bring a minor to NGC, the below Guardian’s Release, Assumption of Risk and Indemnity Agreement has been signed by the minor’s legal guardian. I agree that I will be responsible for any minor that accompanies me in NGC Facilities and that my indemnity given herein will extend and apply to the actions of the minor.
    
    
15. I recognize the safety of everyone at NGC is my responsibility and I agree not to cause harm to myself or others at NGC.