CLAY COUNTY SHERIFF'S OFFICE LAW ENFORCEMENT RESOURCE CENTER (LERC) INDIVIDUAL USER WAIVER AND RELEASE OF LIABILITY
This Individual User Waiver and Release of Liability ("Agreement") is entered into by and between the Clay County Sheriff's Office ("CCSO"), the Sheriff of Clay County, Clay County, Missouri, and the individual named at the bottom of this Agreement ("User"). This Agreement governs the User's access to and use of the Clay County Sheriff's Office Law Enforcement Resource Center ("LERC" or "Facility").
1. Definitions
For purposes of this Agreement:
"CCSO" means the Clay County Sheriff's Office.
"Facility" or "LERC" means the Clay County Sheriff's Office Law Enforcement Resource Center.
"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, and assigns, in their official and individual capacities, as applicable.
"Rules and Regulations" means the published regulations governing use of and presence at the LERC, including any training or other services provided.
"User" means the individual signing this Agreement.
2. Assumption of Risk
The User understands and acknowledges that activities at or connected with the Facility may include firearms handling and discharge, live-fire training, firearms qualification, defensive tactics instruction, scenario-based training, physical conditioning, classroom instruction, and use of fitness or training equipment.
The User further understands and acknowledges that participation in such activities may involve risks including bodily injury, personal injury, illness, permanent disability, death, emotional distress, property damage, property loss, falls, overexertion, equipment malfunction, physical contact, environmental conditions, and acts or omissions of other pa1ticipants or personnel.
The User voluntarily accepts and assumes all risks associated with access to, presence at, participation in activities at, and use of the Facility, whether known or unknown, anticipated or unanticipated, inherent or incidental.
User acknowledges receipt of and agrees to abide by the Rules and Regulations governing use and participation at the LERC.
3. 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 User, on behalf of the User and the User's heirs, executors, administrators, personal representatives, successors, and assigns, releases, waives, discharges, and covenants not to sue the Released Parties from and against any and all claims, demands, actions, causes of action, damages, losses, liabilities, costs, or expenses arising out of or relating in any way to the User's access to, presence at, participation in activities at, or use of the Facility.
THE USER 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 relating to 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, falis, environmental conditions, emergency response, and any other activity, condition, occurrence, or use connected with the Facility.
4. 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 any Released Party under Missouri law.
The parties intend that this Agreement operate only to the fullest extent permitted by law and not as an independent waiver of any immunity, defense, or limitation otherwise available to any Released Party.
5. 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 releases, waives, limits, or bars any claim or liability that cannot legally be released or waived in advance.
6. Acknowledgment and Voluntary Execution
By signing below, the User acknowledges that the User has read this Agreement in full, understands its terms, understands that the Agreement includes a release of claims based on the Released Parties' own negligence, fault, or carelessness, has had an opportunity to ask questions, and voluntarily agrees to be bound by it.
7. Medical Treatment
The User consents to receive emergency medical treatment if deemed necessary.
The User/Agency acknowledges that they are solely responsible for any medical costs incurred as a result of Facility use.
8. No Employment or Agency Relationship
Nothing in this Agreement shall be construed to create any employment, partnership, joint venture, or agency relationship between the User/Agency and CCSO or Clay County.
9. Term and Termination
This Agreement shall remain in effect until terminated by either party upon written notice.
CCSO reserves the right to immediately revoke Facility access for safety violations, misuse, or non-compliance with this Agreement.
10. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. Venue shall only be proper in the Circuit Court of Clay County, Missouri.
11. Binding Effect and Severability
This Agreement is binding upon the User/Agency and their respective heirs, executors, administrators, successors, and assigns.
If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.