AGREEMENT FOR FULL
RELEASE, COVENANT NOT TO SUE, AND ACKNOWLEDGMENT
and in consideration of the mutual promises between the parties to this
agreement, the receipt and sufficiency of which are hereby acknowledged, I (hereinafter
referred to as “student or shooter”), Shoot the Works, INC. (hereinafter
referred to as “the Company”), agree as follows:
1. Student/Shooter, for himself/herself
and his/her attorneys, heirs, executors, administrators, successors and assigns,
fully discharges and releases the Company, related companies, officers,
employees and agents (including, but not limited to, Jon Hodoway and Ken Swank),
from all grievances, lawsuits, causes of action, and claims whatsoever of which
Student/Shooter knows or should know at this time concerning the terms and
conditions of their activities as a student or shooter with the Company or
concerning any action(s) taken by the Company and/or Jon Hodoway and Ken Swank
with respect to his/her activities as shooter or student. Student/Shooter for himself/herself, his/her
heirs, his/her legal representatives and assigns, further agrees irrevocably
never to make any claim or demand, or to commence, cause, or permit to be
instituted or prosecuted, any administrative charge, suit or action at law or
in equity against the Company and/or Jon Hodoway and Ken Swank, their
successors and assigns, including the Company’s officers, agents and employees,
by reason of any claim, demand, or cause of action he/she may now have relating
to his/her activities as a shooter or student, arising under any laws of the
United States of America, or of the State of Arkansas, including the common
laws of Arkansas. Student/Shooter
further expressly agrees, for himself/herself, his/her legal representatives
and assigns, that this Agreement may be treated as a defense to any action or
proceeding that may be brought, instituted, or taken by Student/Shooter, or in his/her
behalf, against the Company and/or Jon Hodoway and Ken Swank, their successors
and assigns, including the Company’s officers, agents and employees, and shall
forever be a complete bar to the commencement or prosecution of any administrative
charge, action, suit or proceeding of any kind whatsoever against the Company
and/or Jon Hodoway and Ken Swank, their successors and assigns, including the
Company officers, agents and employees, for relief or damages of any kind
arising from his/her activities as a shooter or student.
2. Student/Shooter agrees that no other
person may assert any claim that Student/Shooter has or might have against the
Company and/or Jon Hodoway and Ken Swank at this time of which he/she knows or
should know, and further agrees that he/she will fully cooperate with the company
and/or Jon Hodoway and Ken Swank in seeking dismissal of any such claims that
might in the future be raised on her behalf involving the issues resolved by
In consideration for this release
of claims and other agreements made herein by Student/Shooter, the Company
agrees that it will allow Student/Shooter to use the shooting range, which
shall resolve all claims by Student/Shooter for any damages, lost wages, costs,
and expenses he/she could incur by its usage.
4. Student/Shooter affirms that the only
consideration for signing this agreement is that stated above and that no other
promises or agreements of any kind have been made to him/her by any person or
entity to cause him/her to sign this Agreement.
5. Student/Shooter and the Company
recognize that the agreement reached herein is made in compromise settlement of
any disputed claims that might arise.
All parties have agreed to this compromise settlement in order to avoid
additional expenses and time required for litigation. The parties have accepted this agreement
based on the representations and understanding set forth herein.
6. Student/Shooter agrees not to engage in
negative remarks, comments, actions or statements regarding the Company or Jon
Hodoway and Ken Swank and if he/she does will be responsible for all sums,
damages and attorney fees.
In agreeing to the above-noted
consideration, Student/Shooter understands that neither the Company nor Jon
Hodoway and Ken Swank in any way admit any liability or wrongdoing regarding his/her
usage of the shooting range.
8. STUDENT/SHOOTER AFFIRMS THAT HE/SHE HAS
CAREFULLY READ THIS ENTIRE AGREEMENT AND, FULLY UNDERSTANDING THE CONTENTS
THEREOF, SIGNS THE SAME AS HIS/HER OWN FREE ACT.
I HAVE READ AND UNDERSTOOD THE WAIVER, AND I AGREE TO BE BOUND BY ITS TERMS.
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