I fully understand and acknowledge that the use of night vision optics while engaged in recreational activities such as shooting/marksmanship, hunting, movement, driving, operating machinery, and even walking have:
- (A) inherent risks, dangers and hazards, including visual distortion, interference with depth perception and peripheral vision – – and such exists in my use of night vision optics and equipment and my participation in activities while using night vision optics and equipment;
- (B) my participation in such activities and/or use of such equipment may result in bodily injuries that could cause serious disability or even death;
- (C) these risks and dangers may be caused by the negligence of the owners, employees, officers or agents of, but not limited to DRK Holdings, LLC, the negligence of the participants, the negligence of others, accidents, breaches of contract, and the forces of nature; such as, exposure to environmental conditions, and other phenomena, Risk and dangers may arise from foreseeable or unforeseeable causes including, but not limited to, objects which may be encountered while using night vision optics and equipment, and which may not be obvious, including holes, depression, rises and other surface contours, debris, trees, rocks, bridges, ground surface textures and other hazards; participants using night vision optics and equipment may strike or be struck by objects, vehicles, and other persons, inside or outdoors, risks of falling, and other such risks, hazards and dangers that are integral to recreational activities that while using night vision optics and equipment in a wilderness, outdoor or recreational environment;
- (D) further, by my participation in these activities and for use of night vision optics and equipment, I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of DRK Holdings, LLC or by any other person.
- (E) I understand that the replacement cost for lost, stolen, or irreparably damaged night vision optics and equipment is: $DRK Holdings_. Repair fees for damages will be determined at time of repair. I understand that the credit card on file will be automatically charged if either should occur. Further, I understand that the night vision optics and equipment must be returned in full operating condition, clean and free of mud, sand, and debris that may become entangled on the night vision optics and equipment.
LIABILITY RELEASE AND INDEMNIFICATION
I, on behalf of myself, my personal representatives and my heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify DRK Holdings, LLC, and their owners, agents, officers, and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of night vision optics and equipment or my participation in any activities while using night vision optics and equipment. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers, or employees of DRK Holdings, LLC.
I, on behalf of myself, my personal representatives and my heirs hereby voluntarily agree that I assume all liability related to my use of the night vision optics and equipment rented hereby, and from any activities I engage in while using such night vision optics and equipment.
I HAVE READ THE ABOVE WAIVER AND RELEASE AND BY SIGNING IT AGREE.
IT IS MY INTENTION TO EXEMPT AND RELIEVE DRK Holdings, LLC , FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OF ANY OTHER CAUSE.