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WAIVER & ACCEPTANCE OF LIABILITY

RECITALS

This Waiver and Acceptance of Liability (“Waiver”) is by and between HST Enterprises, LLC, its successors, agents, employees, and assigns; Thomas R. Driscoll and Gerald L. Martino, Individually (hereinafter collectively “HST”), and the undersigned Class Participant (“Participant”).
Participant agrees to the terms of the Waiver prior to Participant engaging in HST’s Live Ammunition Course (“Course”).
HST is providing the Course for the benefit of Participant and others who desire to train in the use of combat weapon tactics, accuracy, and firearms safety. The Course involves the use of live ammunition.
HST will use its best efforts to provide a reasonably safe training environment. However, it is impossible to create an absolutely safe environment. Through this Waiver, Participant acknowledges this fact and expressly assumes the risks associated with live ammunition training, including serious injury and/or death.
Participant will use his/her best efforts to engage in all safety precautions in the training environment.

TERMS AND ACCEPTANCE

Participant is over 18 years of age. Initial
Participant acknowledges that he/she has read the entire Waiver; has had an opportunity to ask questions about it; and is knowingly and voluntarily agreeing to its terms. Initial
Participant acknowledges that the Course, though beneficial for its stated purposes, is not a necessity and that similar courses are offered by other entities. Participant is under no compulsion from HST to engage in this Course or to sign this Waiver. Initial
Participant is free from any physical condition or disability that would prohibit his/her safe participation in the Course. Initial
Participant will follow the directions given by HST, its agents and/or representatives (“Instructor”) for the duration of the Course. Participant acknowledges that such directions are vital for the safety of all Course participants. Failure to follow all directions may result in Participant’s ejection from the Course without refund of any monies paid to HST for Participant’s attendance. Initial
Participant acknowledges that live ammunition training in inherently dangerous and that there is no possible way that HST, its employees, agents and/or instructors can provide a totally safe environment for the Course. Participant acknowledges that participating in the Course will enhance Participant’s exposure to risk of injury and/or death. Participant risks, among other things, bodily injury, death, dismemberment and hearing loss. Participant hereby assumes all risks that may result in participation in the Course. Initial
Participant hereby absolves HST of any and all damages Participant may experience as a result of participating in the Couse. Initial
Participant agrees to hold HST, its employees, agents and/or representatives harmless from any damages incurred by Participant as a result of participating in the Course. Initial
Participant waives any and all rights, claims and/or causes of action Participant may have against HST, its employees, agents and/or representatives for compensation at law and/or in equity against HST, including, but not limited to negligence, gross negligence, and/or breach of contract in connection with Participant’s participation in the Course, Participant’s discharge of firearms, Participant’s presence on or use of the range, buildings, land and premises. Initial
Participant agrees to hold HST harmless and indemnifies HST in the event that Participant is injured. Initial
This waiver is binding on Participant and his/her heirs, executors, representatives, assigns, next of kin and administrators. Initial
This Waiver shall be interpreted under New York Law. Initial
If any part of this Waiver is deemed illegal, all other provisions shall remain in effect and be fully binding. Initial

COVID-19 ADDENDUM TO WAIVER & ACCEPTANCE OF LIABILITY

This COVID – 19 Addendum to the Waiver and Acceptance of Liability (hereinafter “Waiver”) is by and between Thomas Driscoll, Stefanie Driscoll, and their heirs, successors, agents, employees, contractors, and assigns (hereinafter collectively “Driscoll”), and the undersigned Participant, or, if Participant is under age 18, Participant’s Parent or Legal Guardian (hereinafter “Participant”).
Participant acknowledges the existence and severity of the COVID-19 pandemic, and the contagious nature of the virus.
Driscoll is providing space for activities and events (hereinafter “Activities”) during the COVID -19 pandemic at 332 County Route 28B, Valatie, New York 12184 (hereinafter “Premises”).
Driscoll has taken all precautions recommended by the U.S. Center for Disease Control, New York State and local municipal entities with respect to providing safe and sanitary Premises.
Participant agrees to complete and abide by all COVID – 19 safety precautions and requirements required by Driscoll, including, but not limited to, temperature checks, completion of forms detailing Participant’s exposures, travel, and symptoms, the wearing of a mask covering both nose and mouth, the use of hand sanitizer and other cleaning agents when necessary.
Participant acknowledges that it is impossible to create an absolutely safe Premises in terms of containing the spread of the COVID -19 virus, should the virus become present at the Premises. Through this Addendum, Participant acknowledges this fact and expressly assumes the risks associated with Activities during the COVID – 19 pandemic, including contracting the virus and/or death.
Participant still desires to participate in Activities despite the risks outlined herein.

Dated:

Phone Number:

If Participant is under age 18,

Emergency Contact Name:

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