In consideration of my use of the premises of Benjamin Summit LLC (Max Ordinate Academy), Nathan Blocker, and Larry Blocker, I for myself, my heirs, or personal representative assigns, do hereby release, waive, discharge, and covenant not to sue Benjamin Summit LLC, Nathan Blocker, and Larry Blocker and / or its affiliates, it’s trustees, directors, officers, employees and agents from liability from any and all claims including negligence of myself and my participants resulting in personal injury, accidents, or illnesses (including death) and property loss arising from use of premises.
I understand the cost associated with the rental of this property and agree to pay Benjamin Summit LLC in the amount of $1,000.00 US Dollars per day of use which includes one night. Tenant must possess active and valid Insurance with a minimum value of: $1,000,000 USD (bodily injury) / $2,000,000 USD (general aggregate). Tenant must vacate the premises no later than 8:00 A.M Pacific Standard time the following morning of the scheduled rental dates. The property is to be left in the same condition as when the tenant arrived. Paper cleared from target boards, dishes clean and stowed, brass and trash placed in the appropriate containers all prior to departing the premises. Any tenant found to have left the premises without ensuring property is clean and in the same condition as when arrived will be charged an additional $100 cleaning fee.
Forbidden Activities: I agree that smoking any type of tobacco or marijuana inside the cabin is not allowed. Alcohol may be consumed after all activities have been completed for the day. Failure to comply with these rules will result in immediate dismissal from the property, lifetime ban, and an additional $250 fine imposed.
Assumption of Risk: Firearms training and usage carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. I have read the previous paragraphs and I know, understand, and appreciate these and other risks are inherent in the activity I am participating in. I hereby assert that my participation is voluntary and that I knowingly assume all such risks for myself and the participants I may bring with me.
Joint and Individual Responsibility: If there is more than one paying Renter, each one shall be individually and completely responsible for the performance of all obligations under this Agreement, jointly and individually with every other guest. Renters and/or their guests must abide by all pertinent CC&R’s, local ordinances and laws.
Indemnification and Hold Harmless: I also agree to indemnify and hold harmless Benjamin Summit LLC, Nathan Blocker, and Larry Blocker, its trustees, directors, officers, employees and agents from any and all claims, actions, suits, costs, expenses, damages and liabilities including attorney fees as a result of this use of premises. Renter agrees to release and indemnify Owner from and against all liability should anyone be injured upon the premises during the term of occupancy, resulting from any cause whatsoever, except in the case of personal injury cause by willful gross negligence on the part of the Owner.
Personal Property: Renter’s or Renters guests' personal property, including vehicles, are not insured by Owner against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Owner recommends that Renter carry or obtains insurance to protect Renter, and Renters guests and their personal property from any loss or damage.
Attorney’s Fees: If Owner consults or engages legal counsel or a professional collection service, for collecting any amounts due to Owner under this Agreement, Renter shall be responsible for all costs of litigation and/or collection in case of such, including actual attorney’s fees.
Mediation: Renter agrees to mediate any dispute or claim arising out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved.
Severability: The undersigned further expressly agrees that the forgoing waiver and assumption of risk agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Invalid Provisions: If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by it’s severance hereof. Furthermore, in lieu of such illegal, invalid, or unenforceable provision there shall be added automatically as a part of the Agreement a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and still be legal, valid, or enforceable.
Acknowledgement of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, and fully understand its terms. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
Entire Agreement: This Agreement sets forth the entire understanding of the parties and supersedes all prior agreements or understandings, whether written or oral, with respect to the subject matter hereof. No amendment or modification hereto shall be binding unless made in writing and signed by the parties hereto.
Cancellation Policy: Max Ordinate Academy reserves the right to cancel a course / range reservation at any time. We will notify registrants within 30 days if a cancellation shall occur, at which time a full refund for all monies paid will be issued. Max Ordinate Academy will not, under any circumstance, be held responsible for ancillary expenses incurred by registrants due to a cancellation.
Payment & Refund Policy: Unless otherwise stated, full payment is due at the time of sign-up. Max Ordinate Courses Only: If, for any reason a student is unable to attend a course, we are happy to apply any course fees paid to a future course of the student’s choosing. Refunds are subject to a 20% processing fee. Max Ordinate Academy will not issue a refund within 14 calendar days of a course / range reservation start date.