CLAY COUNTY SHERIFF'S OFFICE
LAW ENFORCEMENT RESOURCE CENTER (LERC) AGENCY WAIVER, RELEASE, AND USE AGREEMENT
This Agency Waiver, Release, and Use Agreement ("Agreement") is entered by and between the Clay County Sheriffs Office ("CCSO"), the Sheriff of Clay County, Clay County, Missouri, and the Agency identified in the signature block below.
This Agreement governs access to and use of the Clay County Sheriff's Office Law Enforcement Resource Center by the undersigned individual, agency, and any authorized personnel participating under this Agreement.
Services Requested
The Agency is granted use of the facilities during the dates and times specified in the Agency's application as submitted to and approved by the CCSO, which application is incorporated by reference as though fully set forth herein.
Agency agrees to pay the rates in accordance with the published fee schedule, the Agency's application as submitted to and approved by the CCSO, and for all other Additional Services (if any) as set forth in Schedule A. Payment is due in accordance with the invoice submitted by the CCSO to the Agency.
Standard hours are 0730-1700; half-day rental is 0730-1230; full-day rental is 0730-1700.
For after-hours or weekend requests, availability is subject to staff availability and approval, the minimum charge is the equivalent of the applicable half-day rental rate, and an additional staffing fee of $175 per hour applies.
All rentals and training services are subject to availability, staffing requirements, and approval by the Clay County Sheriff's Office. The CCSO may request some or all of the payment to be made prior to use. Any balance due shall be invoiced to the Agency and due according to the invoice terms.
Definitions
For purposes of this Agreement:
"Agency" means any law-enforcement agency, governmental entity, or public-safety agency, including their Personnel.
"Agreement" means this Agency/ Agency Waiver, Release, and Use Agreement, including any attachments, addenda, incorporated Facility rules, and written acknowledgments.
"CCSO" means the Clay County Sheriff's Office.
"Facility" or "LERC" means the Clay County Sheriff's Office Law Enforcement Resource Center, including all buildings, rooms, ranges, classrooms, defensive tactics areas, fitness areas, common areas, equipment, systems, fixtures, grounds, and related infrastructure made available for use.
"Personnel" means the Agency's officers, deputies, employees, agents, representatives, trainees, or instructors participating in Facility use through or under the Agency.
"Released Parties" means CCSO, the Sheriff of Clay County, Clay County, Missouri, and their respective elected officials, officers, deputies, employees, agents, instructors, range officers, representatives, volunteers, insurers, successors, guests, invitees, and assigns, in their official and individual capacities, as applicable. However, any User, Agency, or Personnel using the facility under this or similar contract shall not be considered a Released Party.
"User" means any individual approved to use the Facility, including the individual Personnel of the Agency.
Facility Description and Authorized Use
The Facility may include, without limitation, an indoor firearms range and related range systems, training rooms and classrooms, defensive tactics mats and training areas, fitness and workout equipment, a breakroom, wellness room, common areas, and related equipment, fixtures, systems, and infrastructure.
Access to the Facility is granted only for law-enforcement training, firearms qualification or instruction, defensive tactics training, physical conditioning, classroom instruction, operational-readiness activities, and other uses expressly authorized by CCSO.
The Agency may use only those areas, equipment, systems, and resources for which CCSO has granted permission. No portion of the Facility may be used for any unauthorized, unlawful, personal, commercial, political, or non-training purpose unless expressly approved in writing by
ccso.
Use of firearms, ammumt1on, defensive tactics areas, fitness equipment, range systems, classrooms, and other Facility resources must occur only within the scope of the authorization granted by CCSO and in accordance with applicable scheduling, supervision, and operational requirements.
Assumption of Risk
The Agency acknowledges that activities conducted at or in connection with the Facility may involve inherent, known, and foreseeable risks. Such activities may include, without limitation, firearms handling and discharge, live-fire training, firearms qualification, defensive tactics instruction, physical contact, scenario-based training, physical conditioning, use of fitness or training equipment, movement through Facility areas, and participation in classroom or practical exercises.
The Agency understands that these activities may involve risks of bodily injury, personal injury, illness, permanent disability, death, emotional distress, property damage, property loss, or other harm. Such risks may arise from, without limitation, firearms discharge, ricochet or projectile hazards, ammunition or equipment malfunction, physical contact, falls, overexertion, environmental conditions, noise exposure, use or misuse of equipment, acts or omissions of participants, and other conditions associated with law-enforcement training and Facility use.
The Agency further acknowledges that participation in Facility activities is voluntary and that the Agency is responsible for evaluating its own training readiness, physical condition, qualifications, certifications, skill level, and ability to participate safely in authorized activities.
By signing this Agreement, the Agency lmowingly and voluntarily assumes the risks associated with access to, presence at, participation in activities at, and use of the Facility, whether such risks are known or unknown, anticipated or unanticipated, inherent or incidental to the authorized activities.
Release and Waiver of Liability
PLEASE READ CAREFULLY. THIS SECTION RELEASES LEGAL CLAIMS, INCLUDING CLAIMS BASED ON THE RELEASED PARTIES' OWN NEGLIGENCE, FAULT, OR CARELESSNESS.
To the fullest extent permitted by Missouri law, the Agency for itself and, to the extent legally authorized, for its Personnel, officers, employees, agents, representatives, trainees, heirs, executors, administrators, successors, and assigns, hereby releases, waives, discharges, and covenants not to sue the Released Parties for any and all claims, demands, actions, causes of action, damages, losses, liabilities, costs, or expenses arising out of or related in any way to access to, presence at, participation in activities at, or use of the Facility.
THE AGENCY EXPRESSLY UNDERSTANDS AND AGREES THAT THIS RELEASE INCLUDES CLAIMS FOR BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, OR PROPERTY LOSS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, FAULT, OR CARELESSNESS OF ANY RELEASED PARTY.
This release applies to claims arising from or related to, without limitation, firearms training, live-fire activities, firearms handling, defensive tactics training, scenario-based training, physical conditioning, use of fitness or training equipment, use of range systems or equipment, instruction, supervision, Facility conditions, slips, trips, falls, environmental conditions, emergency response, and any other activity, condition, occurrence, or use connected with the Facility.
Nothing in this Agreement releases, waives, limits, or affects any claim or liability that cannot be released or waived in advance under applicable Missouri law.
No Waiver of Sovereign, Governmental, or Official Immunity
Nothing in this Agreement shall be construed as a waiver, relinquishment, limitation, or modification of any sovereign immunity, governmental immunity, official immunity, discretionary-function immunity, public-duty defense, statutory defense, damages cap, limitation on liability, or other immunity, protection, or defense available to CCSO, the Sheriff of Clay County, Clay County, Missouri, or any Released Party under Missouri law.
Missouri Revised Statutes§ 537.600 preserves sovereign or governmental tort immunity except to the extent expressly waived by statute, including the statutory exceptions for negligent operation of motor vehicles by public employees and dangerous conditions of public property. Missouri Revised Statutes § 537.610 limits the liability of the State of Missouri and its public entities for claims within the scope of Missouri Revised Statutes§§ 537.600 to 537.650 and provides that no award for damages on such claims shall include punitive or exemplary damages.
The parties intend that this Agreement operate only to the fullest extent consistent with applicable law and not as an independent waiver of any immunity, defense, or statutory limitation otherwise available to any Released Party.
Agency Authority and Individual Participant Requirements
The individual signing for the Agency represents and warrants that the individual has full legal authority to execute this Agreement on behalf of the Agency and to bind the Agency to its terms.
The Agency shall be responsible for ensuring that all Personnel who access, use, train at, observe activities at, or are otherwise present at the Facility through or under the Agency are authorized, qualified, and approved by the Agency for the activities in which they participate.
No individual User or Agency Personnel may access or use the Facility unless that individual has first executed an individual waiver, release, assumption-of-risk acknowledgment, and rules acknowledgment in a form approved by CCSO. The Agency shall not permit any Personnel to participate in Facility activities unless such individual documentation has been completed and accepted by CCSO.
The Agency further represents that it will not send, sponsor, supervise, or permit any Personnel to participate in Facility activities unless the Agency has determined that such Personnel possess the training, certification, licensing, physical readiness, and legal authority required for the intended activity.
Execution of this Agreement by an Agency does not eliminate the requirement that each individual participant separately review, acknowledge, and execute all forms required by CCSO as a condition of access.
Indemnification and Hold Harmless
To the fullest extent permitted by law, the Agency shall defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, actions, causes of action, damages, losses, liabilities, judgments, settlements, costs, and expenses, including reasonable attorney's fees, arising out of or related to the Agency's or its Personnel's access to, presence at, participation in activities at, or use of the Facility.
This indemnification obligation includes, without limitation, claims arising from or related to:
1. any act or omission of the Agency or its Personnel;
2. any negligent, reckless, intentional, unauthorized, or unlawful conduct by the Agency or its Personnel;
3. injury, illness, death, property damage, or property loss involving the Agency, Personnel, third parties, invitees, observers, instructors, or other Facility users;
4. damage to the Facility, range systems, firearms-related equipment, training equipment, fitness equipment, classrooms, defensive tactics areas, common areas, fixtures, infrastructure, or other CCSO or Clay County property;
5. claims brought by or on behalf of Personnel, including employment-related, training-related, workers' compensation, subrogation, lien, reimbursement, or benefit-related claims; and
6. any failure by the Agency or its Personnel to comply with this Agreement, Facility rules, safety protocols, supervisory instructions, or applicable law.
If an Agency executes this Agreement, the Agency's indemnification obligations apply to claims asserted by the Agency's Personnel, by third parties, or by any person or entity claiming through or on behalf of the Agency or its Personnel.
The duty to defend applies upon tender of a covered claim by any Released Party and is separate from, and broader than, the duty to indemnify to the extent permitted by law. The Released Parties may select counsel reasonably acceptable to the party seeking defense, unless otherwise agreed in writing.
The obligations in this Section survive the expiration, termination, suspension, or revocation of this Agreement and any cessation of Facility access.
Insurance Requirements
Agency shall maintain, at its own expense, insurance coverage appropriate for its use of the Facility and the activities conducted by its Personnel. Unless otherwise approved in writing by CCSO, such coverage shall include:
1. general liability insurance with limits of not less than $1,000,000.00 per occurrence and
$3,000,000.00 aggregate;
2. law-enforcement liability or public-entity liability coverage, if applicable to the Agency and the activities conducted;
3. workers' compensation coverage as required by applicable law;
4. employer's liability coverage; and
5. automobile liability coverage if Agency vehicles are used on or about the Facility.
For purposes of this Section, required insurance may include coverage provided through a self-insurance pool, public-entity risk-management program, intergovernmental insurance program, or other lawful coverage arrangement approved by CCSO.
Upon request, the Agency shall provide CCSO with certificates of insurance or other documentation evidencing required coverage. Where available and permitted by the Agency's insurance or coverage program, the Agency shall cause CCSO, the Sheriff of Clay County, and Clay County, Missouri to be named as additional insureds for claims arising out of the Agency's or Personnel's use of the Facility.
Required insurance shall be maintained throughout the period of Facility access. The Agency shall provide prompt written notice to CCSO of any cancellation, nonrenewal, material reduction, or lapse in required coverage.
Compliance with Facility Rules, Safety Protocols, and Supervisory Instructions
The Agency and its Personnel shall comply with all Facility rules, range rules, safety protocols, posted instructions, written policies, scheduling requirements, and oral directions issued by CCSO personnel, instructors, range officers, or other authorized Facility representatives.
All firearms use shall comply with applicable firearms safety rules, range commands, qualification procedures, ammunition restrictions, weapons-handling requirements, and any activity-specific instructions issued by CCSO. Firearms may be loaded, unloaded, handled, discharged, cleaned, or stored only in areas and manners authorized by CCSO.
The Agency and its Personnel shall use all Facility areas and equipment only for their intended and authorized purposes. No person may alter, disable, bypass, misuse, remove, or interfere with any Facility equipment, safety device, target system, ventilation system, access-control system, alarm, mat, fitness equipment, training aid, or other property.
The Agency and its Personnel shall immediately report unsafe conditions, injuries, equipment malfunctions, accidental discharges, property damage, rule violations, or other safety concerns to CCSO personnel or the designated Facility representative.
CCSO may deny participation in any activity, require corrective action, remove any person from an activity, or restrict Facility access when CCSO determines that safety, rule compliance, Facility security, or orderly operation requires such action.
Damage, Loss, and Property Care
The Agency and its Personnel shall use the Facility, equipment, systems, and property in a safe, careful, lawful, and responsible manner.
The Agency shall be financially responsible for damage to or loss of any Facility property, CCSO property, Clay County property, equipment, systems, fixtures, furnishings, training aids, firearms-range components, target systems, ventilation systems, defensive tactics mats, fitness equipment, classroom equipment, common-area property, or related infrastructure caused by the use, misuse, negligence, recklessness, intentional acts, unauthorized acts, or failure to comply with rules or instructions by the Agency or its Personnel.
CCSO may determine, in its reasonable discretion, whether damaged property must be repaired, replaced, inspected, tested, cleaned, decontaminated, or removed from service. Repairs or replacements shall be performed by CCSO, Clay County, or vendors approved by CCSO.
The Agency shall reimburse CCSO or Clay County for all reasonable costs associated with such repair, replacement, inspection, testing, cleaning, decontamination, administrative processing, or loss of use. CCSO may invoice the Agency for such amounts, and payment shall be due within 30 days after receipt of invoice unless otherwise agreed in writing.
The Agency and its Personnel shall promptly report any damage, malfunction, missing property, unsafe condition, or suspected equipment defect to CCSO personnel or the designated Facility representative.
Medical Treatment and Emergency Response
The Agency acknowledges that emergency medical services may be requested in the event of injury, illness, medical distress, or other emergency occurring at or in connection with Facility use.
The Agency and its Personnel consent to emergency medical treatment, first aid, transportation, and related emergency response measures deemed reasonably necessary by CCSO personnel, emergency medical providers, or other responding personnel. If a User is participating through an Agency, the Agency shall provide CCSO with current emergency contact information for such User upon request.
CCSO may notify emergency contacts, Agency representatives, supervisors, or appropriate public-safety personnel when CCSO determines that notification is appropriate under the circumstances.
CCSO shall not be responsible for medical, ambulance, hospital, physician, rehabilitation, prescription, follow-up care, and related expenses incurred by or on behalf of the Agency or Personnel arising from Facility participation, except to the extent otherwise required by applicable law.
Term, Termination, Suspension, and Revocation of Access
This Agreement shall become effective on the date signed by the CCSO and shall remain in effect until terminated in accordance with this Section, unless a different written term is approved by CCSO.
CCSO may terminate this Agreement, suspend Facility privileges, revoke access, deny participation, or remove any Agency or User from the Facility at any time when CCSO determines that such action is necessary or appropriate for safety, security, rule compliance, Facility operations, scheduling, misuse, misconduct, unauthorized activity, failure to provide required documentation, or any violation of this Agreement.
The Agency may terminate this Agreement by providing written notice to CCSO. Termination by the Agency does not affect obligations that accrued before termination or provisions that expressly or by their nature survive termination.
Upon termination, suspension, or revocation of this Agreement, the Agency and its Personnel shall immediately cease Facility use unless CCSO provides written authorization for limited access. CCSO may condition any future access on completion of additional documentation, training, safety review, proof of authorization, or other requirements determined by CCSO.
Limitation on Claims Not Waivable Under Law
This Agreement is intended to be enforced only to the fullest extent permitted by Missouri law. Nothing in this Agreement shall be construed to release, waive, limit, or bar any claim, liability, right, or remedy that Missouri law does not permit to be released, waived, limited, or barred in advance.
Governing Law and Severability
This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to conflict-of-law principles. Venue shall only be proper in the Circuit Court of Clay County, Missouri.
If any provision of this Agreement is determined to be invalid, unlawful, or unenforceable, that determination shall not affect the validity or enforceability of the remaining provisions. Any invalid, unlawful, or unenforceable provision shall be enforced to the maximum extent permitted by law, or, if necessary, severed, so that the remaining provisions remain in full force and effect.
Entire Agreement, Amendment, Assignment, and Counterparts
This Agreement, together with any Facility rules, written acknowledgments, schedules, attachments, or addenda incorporated by reference, constitutes the entire agreement between the parties concerning the Agency's access to and use of the Facility.
The Agency may not assign, transfer, delegate, or sublicense any rights or privileges under this Agreement without the prior written approval of CCSO.
This Agreement may be executed in counterparts and by electronic signature, each of which shall be deemed an original, and all of which together shall constitute one agreement.