Terms &  Conditions

Copyright
All content appearing on this Web site is the property of:
Kinetic Consulting LLC

Copyright © 2017-2022 Kinetic Consulting LLC. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2017-2020 Kinetic Consulting LLC. All rights reserved.

•    Trademarks
•    All brand, product, service, and process names appearing on this Website are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Kinetic Consulting LLC. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Kinetic Consulting LLC or any third party, except as expressly granted herein.

•    Use Of Site
•    This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Kinetic Consulting LLC and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Kinetic Consulting LLC believes that customer conduct violates applicable law or is harmful to the interests of Kinetic Consulting LLC and its subsidiaries.

•    Privacy Policy
•    Kinetic Consulting LLC use of personal information that you may submit to Kinetic Consulting LLC through this Web site is governed by the Kinetic Consulting LLC Privacy Policy.

•    Shipping & Delivery
•    At this time, Kinetic Consulting LLC ships merchandise to locations within the United States, including Alaska, Hawaii. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.

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Waiver:

1. I HEREBY ACKNOWLEDGE that I have voluntarily applied to enter onto and/or to engage in and/or to observe shooting and other activities with Kinetic Consulting LLC. I further acknowledge and understand that “shooting and other activities” includes any and all activities of all kinds whatsoever in which I can engage in or observe while at the Company, whether sponsored by the Company or any other person or entity.

2. I ACKNOWLEDGE AND UNDERSTAND that shooting and any associated  aspects thereof, is a sport and/or recreational activity with inherent risks.  Shooting, all other activities related thereto, including but not limited to use, observation, or participation involve both known and unknown risks, which could result in damage or destruction to my property or property of others, and physical or emotional injury, including, but not limited to,
   personal injury, partial or total loss of eyesight or hearing, paralysis or death to myself or others. The risks include, by way of example and not limitation, whether by myself or others, being shot, burnt, cut, inhalation or other harmful contact with lead, brass, gunpowder,
   cleaning solvents, and other contaminants, and being struck by flying or falling objects. I understand that such risks cannot be eliminated without compromising the essential qualities of shooting activities, and so I accept those risks and the
   consequences in return for being allowed to enter the Company, enter onto the Range, and participate or observe shooting and other activities at the Company.

3. I FURTHER ACKNOWLEDGE AND UNDERSTAND that the nature and condition of the Range and other Company facilities, premises and environment is such that both known and unanticipated risks and hazards exist, which create or contribute
   to both known and unanticipated risks inherent in entering the Company, in entering onto the Range facilities, and in engaging in or observing shooting or any other activities of any kind whatsoever while at the Company. I understand that such risks and hazards cannot be eliminated without compromising the essential qualities of the Range and other Company facilities, equipment, premises and environment. I acknowledge and understand that neither the Company nor any of its managers, members, shareholders, officers, directors, partners, agents, representatives or employees has a duty to undertake first aid or rescue operations or procedures in the event any such property damage or physical or emotional injury occurs, and that any such operations or procedures may result in compounded or increased damages or injuries.

4. I FURTHER ACKNOWLEDGE AND UNDERSTAND that neither the Company, Kinetic Consulting, LLC, owner of the property where the Company and Range are located, nor any of their respective subsidiaries, managers, members, shareholders, officers, directors, partners, agents, representatives and employees makes any representation or warranty as to the design, manufacture, maintenance, condition or fitness for any particular purpose of any of the facilities or
   equipment at the Company, including, but not limited to: the Range, firearms, ammunition, eye/hearing protection, and first aid supplies.

5. I FURTHER AGREE to assume all responsibility and liability for any negligent, reckless, intentional and/or criminal act or omission to act, for all of my guests at the Company. I understand that “Guests” included any person who is not a member of the Company who enters the Company, enters onto the Range, or uses the Range or other Company facilities, or who engages in or observes shooting and other
   shooting activities at the Company as a result of my express or implied invitation, permission or consent. I agree that I will ensure that each of my guests reads and signs an “Acknowledgement of Risk, Release and Indemnity Agreement.”

6. IN EXCHANGE FOR MY ENTRY UPON THE PROPERTY AND/OR PARTICIPATION IN ACTIVITY, I AGREE NOT TO SUE, AND I RELEASE, FOREVER DISCHARGE, HOLD HARMLESS AND AGREE TO DEFEND the Company, Kinetic Consulting, LLC, owner of the property where the Company and Range are located, and each of their representative affiliates, subsidiaries, managers, members, shareholders, officers, directors, partners, agents, representatives, volunteers, and employees, successors and assigns; and the sponsors of any event at the Company and their affiliates, and each of their respective subsidiaries, managers, members, shareholders, officers, directors, partners, agents, representatives and employees for, from and against any and all present and future liabilities, obligations, damages, losses, claims, costs or expenses of any kind whatsoever that may be made by me, my family, estate, heirs, guardians, representatives or assigns for property damage, personal injury or death arising as a result of me or my guests entering the Company, entering onto the Range, using Range facilities or equipment, or engaging in or observing shooting or other activities at the Range, even if such claims result partially or wholly from any act or acts, even any negligent act or omission to act, including negligent or omitted first aid or rescue operations or procedures by any of the Releasees. I understand and agree that none of the Releasees is responsible for any claim, if caused by his/her/its own negligence.

7. I AGREE TO INDEMNIFY AND DEFEND all Releasees from any and all claims, including but not limited to claims brought by me, my family, estate, heirs, guardians, representatives or assigns, any guest of mine, or any other person or entity making a claim as a result of the alleged actions or inactions of me or any guest of mine, even if such claim results partially or wholly from any act or acts, even negligent acts or omissions to act, including negligent or omitted first aid or rescue operations or procedures of any Releasee. This identification includes all expenses, including attorney fees incurred in the defense in any such claim, irrespective of how such claim is resolved, i.e., through litigation, mediation, or any other form in or out of court. It is my intent that no claim of any person or entity through me or my guests, or any other claims of any person or entity against me or my guests shall ever cause any of the Releasee to incur any expenses whatsoever.

8. I UNDERSTAND that amateur or commercial still video, videography and other motion picture photography may occur during my presence at the Company or on the Range and that I may be incidentally included in such photography. Should I wish to be excluded from such photography, I understand that it is my responsibility to be aware of the photography activity and remove myself from the area or event being photographed. Absent such action on my part, I hereby grant the Company, its sponsors and beneficiaries, the right to use my photographic images in the promotion of the Company, or shooting sports in general, in accordance with accepted journalistic practice.

9. I FURTHER ACKNOWLEDGE AND AGREE that this agreement is intended to be as broad and inclusive as permitted by law and that if any provision or portion is held to be invalid, contrary to law, void or otherwise unenforceable, that such portion does not void any other part of this Agreement and that the remaining provisions or portions shall continue and remain in full legal force and effort.

10. I FURTHER ACKNOWLEDGE AND AGREE that it is my understanding and intent that this Agreement, and any signed written amendments or modifications to it, shall remain in full force and effect from the state of execution and shall be applicable to each and every occasion that I or any guest of mine enter into on the Range, use the Range facilities or equipment or engage in or observe shooting or other activities at the Range.
    
    I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. I ACKNOWLEDGE THAT NO OTHER INDUCEMENT, ASSURANCE OR GUARANTEE HAS BEEN MADE TO ME IN CONSIDERATION OF MY PURCHASING FROM KINETIC CONSULTING AND THIS AGREEMENT, WHICH I AGREE TO VOLUNTARILY AND OF MY OWN FREE WILL.

Governing Law

These Terms of Use, your use of the Online Services, all transactions through the Online Services and any claims arising out of or relating to the Online Services (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory), shall be governed by the laws of the United States (including the Federal Arbitration Act) and the State of Arizona without regard to California’s conflict of law provisions that would require the application of the laws of another jurisdiction

Arbitration of Disputes

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE ONLINE SERVICES (EACH, A “DISPUTE”), WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT, WITH RESPECT TO ANY DISPUTE, (A) KINETIC CONSULTING AND YOU ARE EACH WAIVING THE RIGHT TO A COURT ACTION AND A TRIAL BY A JURY; (B) ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; (C) CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED; AND (D) YOU ARE GIVING UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (currently available online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased), as amended by these Terms of Use. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state or local agencies and, if applicable law allows, they can seek relief against us for you.

Drills/Exercises:
Jon can skip anyone in line at any time.