Waiver & Release

New Participants:

The first time that any person (“Participant”) enters upon the premises of The Benjamin Guard Corporation, located at 13250 TX 11, Cumby, TX 75433 (the “Premises”), such Participant is required to: (1) initial every page of this Participant Package; (2) complete and execute the Safety Questionnaire; (3) complete and execute the Waiver & Release Agreement (“Agreement”); and (4) execute and adhere to the Safety Rules & Regulations.

Return Participants and Range Members:

Each subsequent time that Participant enters upon the Premises, such Participant shall be deemed to reaffirm, as of the time of entry upon the Premises: (1) all of the releases contained in Section 1 of the Agreement; (2) all of the covenants contained in Section 2 of the Agreement; (3) all of the obligations contained in Section 3 of the Agreement; and (4) all of the representations contained in Section 4 of the Agreement.

The undersigned hereby represents, warrants, and agrees that: (1) all information provided in this Safety Questionnaire is true, accurate, and complete as of the date listed below; (2) The Benjamin Guard Corporation can rely upon the truth, accuracy, and completeness of all information provided in this Safety Questionnaire; and (3) the undersigned voluntarily and knowingly (i) chooses to enter the Premises and/or participate in the Activities notwithstanding the existence of known and unknown risks of damage, death, injury, or loss to the undersigned’s person or property; and (ii) accepts and assumes any and all risks of damage, death, injury, or loss associated with entering the Premises and/or participating in the Activities.

The Benjamin Guard Corporation Waiver & Release Agreement (the “Agreement”)

Provider: The Benjamin Guard Corporation (“The Benjamin Guard”), a limited liability company that is organized pursuant to the laws of the State of Texas, located at 13250 TX 11, Cumby, TX 75433 (the “Premises”).

Section 1. Waiver And Release.

In consideration for receiving permission from The Benjamin Guard to enter the Premises and/or to participate in firearm-related activities (collectively, the “Activities”), Participant, on behalf of itself, its heirs, representatives, administrators, successors, and permitted assigns (collectively, the “Participant Parties,” and together with Participant, collectively the “Releasors”), hereby voluntarily, knowingly, and expressly discharges, waives, and releases any and all causes of action, claims, complaints, demands, grievances, liabilities, rights, and suits (collectively, the “Released Claims”) — whether known or unknown, whether at law or in equity, whether in contract or in tort, whether at common law or by statute — that any of the Releasors had, has, or may have against The Benjamin Guard, its affiliates, or any of their respective owners, members, managers, partners, directors, officers, employees, contractors, agents, invitees, or licensees (collectively, the “The Benjamin Guard Parties,” and together with The Benjamin Guard, collectively, the “Releasees”) as of the Effective Date arising out of or relating to any damage, death, injury, or loss sustained by any person or property in connection with or as a result of any Participant’s entry onto the Premises or Participant’s participation in the Activities regardless of whether such damage, death, injury, or loss is directly or indirectly caused, in whole or in part, by the negligence, gross negligence, or recklessness of any of the Releasees.

Section 2. Covenant Not To Sue.

In consideration for receiving permission from The Benjamin Guard to enter the Premises and/or to participate in the Activities, each of the Releasors hereby voluntarily, knowingly, and expressly covenants not to assert or to participate in the assertion of any of the Released Claims against any of the Releasees on or after the Effective Date.

Section 3. Indemnification.

In consideration for receiving permission from The Benjamin Guard to enter the Premises and/or to participate in the Activities, Participant hereby voluntarily, knowingly, and expressly indemnifies and holds harmless each of the Releasees from any and all costs, damages, expenses, liabilities, and losses — including, but not limited to, reasonable attorney’s fees and court costs — incurred or sustained by any of the Releasees arising out of or relating to any Released Claims, Participant’s entry onto the Premises, or Participant’s participation in the Activities.

Section 4. Participant Representations.

In consideration for receiving permission from The Benjamin Guard to enter the Premises and/or to participate in the Activities, Participant represents and warrants, as of the Effective Date, that:

(a) Participant acknowledges and agrees that:

1. (i) Entering the Premises and/or participating in the Activities is inherently dangerous and exposes Participant to known and unknown risks of damage, death, injury, or loss to the person or property of Participant.
2. (ii) The Benjamin Guard is not obligated to permit Participant to enter the Premises and/or to participate in the Activities.
3. (iii) The Benjamin Guard may, in its sole discretion and at any time, refuse or withdraw permission for Participant to enter or remain on the Premises and/or to participate in the Activities for any reason or for no reason without providing any refund.
4. (iv) The nature of the Premises and/or the Activities may not permit Participant to inspect areas of the Premises where Participant is not located, and there may be risks that are unknown or unforeseeable to Participant.
5. (v) The Activities are strenuous, dangerous, and require a certain degree of physical condition, ability, maturity, and skill.
6. (vi) All of the releases contained in Section 1, all of the covenants contained in Section 2, all of the obligations contained in Section 3, and all of the representations contained in this Section 4 (A) are intended, and shall be construed, to be as broad and inclusive as is permitted by the laws of the State of Texas, and (B) shall be deemed reaffirmed each time that Participant enters the Premises and/or participates in the Activities.
7. (vii) Participant has read and understood this Agreement and all of the safety rules and regulations (the “Rules”) annexed to this Agreement.
8. (viii) The Benjamin Guard is reasonable in relying upon the representations and warranties contained in this Section 4, and is actually relying upon the representations and warranties contained in this Section 4.

(b) Participant voluntarily and knowingly:

1. (i) Chooses to enter the Premises and/or to participate in the Activities notwithstanding the existence of known and unknown risks of damage, death, injury, or loss to the person or property of Participant.
2. (ii) Accepts and assumes any and all risks of damage, death, injury, or loss associated with entering the Premises and/or participating in the Activities.
3. (iii) Waives any right of privacy, publicity, compensation, copyright, or other similar right to any photographs, film, or other images that Releasees may obtain of Participant on the Premises and/or participating in the Activities.
4. (iv) Consents to the use by Releasees of any photographs, film, or other images that Releasees may obtain of Participant on the Premises and/or participating in the Activities.

(c) Participant covenants and agrees that Participant will:

1. (i) Continuously inspect for unsafe conditions any area of the Premises where Participant is located.
2. (ii) Immediately leave, and refuse to participate in any Activities that occur on, any area of the Premises where an unsafe condition is present.
3. (iii) Promptly advise The Benjamin Guard personnel of any unsafe conditions that are present on the Premises.
4. (iv) Exercise safe firearm-handling practices, and adhere to the Rules, while Participant is on the Premises and/or participating in the Activities.

(d) Participant confirms and verifies that Participant:

1. (i) Either (A) is eighteen (18) years of age or older as of the Effective Date, or (B) is under eighteen (18) years of age as of the Effective Date, and will be accompanied and supervised by a parent or legal guardian at all times while on the Premises and/or participating in the Activities.
2. (ii) Has not been adjudicated as mentally defective, been voluntarily or involuntarily committed to a mental institution, or been diagnosed as having any mental illness.
3. (iii) Has not been the subject of any criminal or other proceeding that prevents Participant from legally owning, handling, or possessing a firearm in the State of Texas.
4. (iv) Is not currently under the influence of any alcohol, narcotic drug, or controlled substance.
5. (v) Possesses the requisite physical condition, ability, maturity, and skill to properly and safely participate in the Activities.

(e) All information provided by Participant on the Safety Questionnaire, which is incorporated by reference herein, and all representations made by Participant in this Section 4, are true, accurate, and complete as of the Effective Date.

Section 5. Mandatory Arbitration.

(a) Any claim or dispute brought by or on behalf of the Participant relating to this Agreement, the Premises, or the Activities — whether at law or in equity, whether in contract or in tort, whether at common law or by statute — shall be submitted to mediation and, if not settled during mediation, shall thereafter be submitted to binding arbitration (the “Arbitration”). The Arbitration shall be conducted by Dallas JAMS-Judge Glen Ashworth or, alternatively, Judge Harlan Martin.

(b) Each party to the Arbitration shall pay its own attorney’s fees and expenses, including but not limited to expert fees and costs of production of materials. Fees and expenses of the arbitrator shall be borne by the party initiating the Arbitration, provided that if such party prevails by the arbitrator’s award, the other party shall be responsible for fees and expenses of the arbitrator. If the award recognizes validity to both parties’ actions, responsibility for fees and expenses of the arbitrator shall be apportioned by the arbitrator. If any party commences litigation in violation of this Section 5, such party shall reimburse the other parties to the litigation for their costs and expenses, including but not limited to attorney’s fees incurred in seeking abatement of such litigation and enforcement of arbitration.

(c) The Arbitration award or decision is final and may be confirmed, entered, and enforced as a judgment in a court of competent jurisdiction, subject to appeal only in the event of the arbitrator’s manifest disregard of the law, no evidence to support the award, or other such grounds for appeal of arbitration awards that exist by statute, common law, or the applicable rules of the administrative agency.

(d) IF IT IS DETERMINED THAT THE ARBITRATION PROVISIONS CONTAINED IN THIS PARAGRAPH 5 ARE NOT ENFORCEABLE, PARTICIPANT:

1. (i) SUBMITS AND CONSENTS TO THE JURISDICTION OF ANY STATE OR FEDERAL COURT LOCATED IN DALLAS COUNTY, TEXAS.
2. (ii) ACKNOWLEDGES AND AGREES THAT ALL ACTIONS OR PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PREMISES, OR THE ACTIVITIES SHALL BE LITIGATED EXCLUSIVELY IN A STATE OR FEDERAL COURT LOCATED IN DALLAS COUNTY, TEXAS.
3. (iii) WAIVES (A) ANY DEFENSE OF FORUM NON CONVENIENS; (B) ANY RIGHT TO A JURY TRIAL. PARTICIPANT ACKNOWLEDGES THAT THIS SECTION 5(D) IS A MATERIAL INDUCEMENT TO THE BENJAMIN GUARD’S ENTERING INTO THIS AGREEMENT.

Section 6. Miscellaneous.

(a) No Waiver. No amendment or waiver of any provision of this Agreement, and no consent to any departure therefrom by The Benjamin Guard, shall be effective unless it is made in writing and signed by The Benjamin Guard. Each such waiver or consent shall be effective only in the specific instance and for the specific purpose for which it is given. No failure or delay by The Benjamin Guard in exercising any right, remedy, power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. The rights, remedies, powers, and privileges provided herein are cumulative and not exclusive of any rights, remedies, powers, and privileges provided by law.

(b) Successors and Assigns. The provisions of this Agreement shall be binding upon and inure to the benefit of Releasees, Participant, and their respective successors and assigns permitted hereby; provided, however, that Participant may not assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of The Benjamin Guard.

(c) Merger, Integration, and No Reliance. This Agreement, the Safety Questionnaire, and the Rules comprise the complete and integrated agreement of the parties hereto relating to Participant’s entry onto the Premises and participation in the Activities, and supersede all prior written or verbal agreements, representations, warranties, inducements, understandings, and promises between the parties on such subject matter. In the event of any conflict between the provisions of this Agreement and any other written or verbal agreement, representation, warranty, inducement, understanding, or promise, the provisions of this Agreement shall control. Participant acknowledges and agrees that no written or verbal agreements, representations, warranties, inducements, understandings, or promises that are not embodied in this Agreement and that relate to the subject matter hereof:

1. (i) Have been made by The Benjamin Guard or anyone acting on its behalf.
2. (ii) Are being relied upon by Participant.
3. (iii) Shall be binding on any of the Releasees.

(d) Severability. If any provision of this Agreement is held to be illegal, invalid, or unenforceable, then the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby. The invalidity of any provision in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

(e) Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Texas without regard to any conflict of laws principles.

(f) Limitation of Liability. Under no circumstances shall any Releasee be liable to any Releasor for:

1. (i) An amount greater than $1,000.
2. (ii) Any special, indirect, consequential, exemplary, or punitive damages. Releasors voluntarily, knowingly, and expressly waive any and all rights to special, indirect, consequential, exemplary, and punitive damages. Any claim or cause of action arising out of or relating to this Agreement, the Premises, or the Activities shall be barred unless it is brought within two (2) years following the Effective Date. Any longer periods of limitations are voluntarily, knowingly, and irrevocably waived by Releasors.
3. The undersigned hereby:
   (1) Represents and warrants that Participant has read and understood all of the provisions contained in this Agreement.
   (2) Agrees to be bound by all of the terms and conditions contained in this Agreement.
   
4. 
   Today’s Date: March 14, 2025
5. Participant’s Signature (if 18 years of age or older) or Legal Guardian (if under 18 years of age):

The Benjamin Guard Corporation Safety Rules & Regulations (the “Rules”)

• 1. The Benjamin Guard is not obligated to permit Participant to enter the Premises and/or to participate in the Activities. The Benjamin Guard may, in its sole discretion and at any time, refuse or withdraw permission for Participant to enter or remain on the Premises and/or to participate in the Activities for any reason or for no reason without providing any refund.
• 2. Participant is required to obey all Federal, state, and local laws and regulations, as well as all instructions from The Benjamin Guard personnel, while on the Premises.
• 3. Participant must wear eye and ear protection, appropriate attire, and footwear at all times while on the Premises. Always wash face and hands with cold water after using a firearm.
• 4. Persons who are under the influence of any alcohol, narcotic drug, or controlled substance are not permitted on the Premises.
• 5. Children under the age of 15 must be supervised by a parent or legal guardian at all times while on the Premises.
• 6. All firearms must arrive on the Premises in good working order and in a case. No loaded firearms are permitted to enter or leave the Premises.
• 7. All firearms and ammunition may be inspected by The Benjamin Guard personnel at any time upon request. Any firearm or ammunition that is found to be unsafe or unserviceable will not be allowed onto the Premises.
• 8. Allowable calibers are:
  1. (i) Any pistol calibers from .22 to .45.
  2. (ii) Any rifle calibers from .22 to .300 WinMag.
  3. (iii) Any shotgun birdshot, buckshot, or slug.
• 9. Steel-core, bi-metal, armor-piercing, tracer, and incendiary ammunition are not permitted. Participant is permitted to collect their own brass that is on or behind the firing line, but may not collect brass that falls in front of the firing line or brass from other shooters.
• 10. Unauthorized targets are not permitted on the range. Use the appropriate size target, placed at eye level, to ensure that your shots strike the backstop and not the target holder. Shooting at anything other than your own target is prohibited. Cross-firing at targets is prohibited. All firing must be aimed fire.
• 11. Participant must obey the following firearm-handling rules at all times while on the Premises:
  1. a. When picking up a firearm, open the cylinder or remove the magazine and open the action, and ensure that the firearm is unloaded.
  2. b. Never give a firearm to or take a firearm from another person unless the action is open.
  3. c. Before loading a firearm, ensure that there is no obstruction in the barrel.
  4. d. All magazines and speed loaders must be unloaded unless Participant is at the firing line.
  5. e. The muzzle of all firearms must be pointed downrange at all times. If Participant leaves the range temporarily, Participant must leave all firearms on the firing line unloaded with the action open and the muzzle pointing downrange.
  6. f. Always keep your finger off the trigger and outside the trigger guard until ready to fire.
  7. g. Always keep the action open and firearm unloaded until ready to shoot.
  8. h. Always identify your target and what is behind the target.
  9. i. Never permit the muzzle of a firearm to touch the ground.
  10. j. Know how to operate your firearm safely, and be sure your firearm is safe to operate.
  11. k. Use only correctly sized and commercially manufactured ammunition.
  12. l. During a cease-fire:
  13. (i) Be sure to unload, open the action of, remove the magazine from, and bench your firearm.
  14. (ii) Step back from the firing line.
  15. (iii) Refrain from handling any firearm.
  16. (iv) Await further instruction from range personnel.
  17. m. If a misfire or other malfunction occurs, keep the firearm pointed downrange and signal The Benjamin Guard personnel. Do not leave the firing line with a loaded or jammed firearm.
• 12. Immediately report any unsafe condition or conduct to The Benjamin Guard personnel.
• 13. Recklessly engaging in conduct that places others in imminent danger, like discharging a firearm in the direction of an individual, habitation, building, or vehicle can lead to a Class A misdemeanor or a third-degree felony charge.
• 14. Failure to comply with these Rules, or the creation by Participant of any hazardous or unsafe condition, will result in immediate expulsion from the Premises without the issuance of a refund.

• The undersigned hereby:
• (1) Represents and warrants that Participant has read and understood all of the rules and regulations contained in these Rules.
• (2) Agrees to adhere to all of the rules and regulations contained in these Rules.

Participant’s Information

Driver’s License/ID Card

Emergency Contact

Electronic Signature Consent

By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such a copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.

A copy of your responses will be emailed to the address you provided.