PRODUCT LIABILITY DISCLAIMER AND INDEMNIFICATION AGREEMENT

At Sherman’s Galleries™, we are committed to providing high-quality shooting range targets for your enjoyment. While our products are designed with safety in mind, it's essential to use them responsibly.

Use at Your Own Risk - By purchasing or using our shooting range targets, you acknowledge that such activities involve inherent risks. You agree to assume full responsibility for any outcomes resulting from the use or misuse of our products.

Safety First - Always follow all safety guidelines and regulations. Ensure proper handling and setup of targets.

Use in designated areas appropriate for shooting activities.

Limitation of Liability - Sherman’s Galleries™ shall not be held liable for any injuries, damages, or losses arising from the use of our products. This includes, but is not limited to, personal injury, property damage, or any other harm that may result.

Your Responsibility - By using our products, you agree to indemnify and hold harmless Sherman’s Galleries™, its affiliates, and employees from any claims or liabilities resulting from your use.

By purchasing, using, or accessing any products, services, or materials provided by Sherman’s Galleries™ ("the Company"), including but not limited to shooting range targets (collectively, "Products"), you expressly acknowledge and agree to the following terms and conditions:

1.) Assumption of Risk

You acknowledge and understand that the use of the Products involves inherent risks and dangers, including but not limited to serious bodily injury, disability, paralysis, death, and property damage. These risks may arise from your own actions or inactions, the actions or inactions of others, the conditions under which the Products are used, or the negligence of the Company. You voluntarily assume all such risks, both known and unknown, foreseeable and unforeseeable, and accept full responsibility for any resulting damages, liabilities, losses, or expenses.

2.) Release and Waiver of Liability

To the fullest extent permitted by applicable federal law and the laws of the State of Arizona, you hereby release, discharge, and hold harmless the Company, its parent, subsidiaries, affiliates, officers, directors, employees, agents, representatives, successors, and assigns (collectively, the "Released Parties") from any and all claims, demands, actions, causes of action, suits, damages, losses, costs, and expenses (including attorney's fees) arising out of or related to any injury, loss, or damage to person or property that may occur as a result of the purchase, use, or misuse of the Products, whether caused by the negligence of the Released Parties or otherwise.

3.) Indemnification

You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your purchase, use, or misuse of the Products.
• Your breach of these terms and conditions.
• Your violation of any applicable federal, state, or local laws, statutes, regulations, or ordinances, including those of the State of Arizona.
• Infringement of the rights of any third party.

4.) Disclaimer of Warranties

The Company makes no representations or warranties of any kind, express or implied, regarding the Products. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, or any warranties arising from a course of dealing or usage of trade. The Products are provided "as is" and "with all faults," and you assume all responsibility for selecting and using the Products to achieve your intended results.

5.) Limitation of Liability

In no event shall the Released Parties be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages whatsoever. This includes, but is not limited to, damages for loss of profits, business interruption, or loss of information arising out of or in connection with your purchase or use of the Products. This limitation applies regardless of the legal theory under which such damages are sought, even if the Company has been advised of the possibility of such damages.

6.) Compliance with Laws and Safety Regulations

You agree to comply with all applicable federal, state, and local laws, statutes, regulations, ordinances, and safety guidelines related to the purchase, possession, transportation, handling, use, and disposal of the Products. This includes obtaining any necessary permits or licenses required by the State of Arizona or other jurisdictions.

7.) No Assignment

You may not assign, transfer, or delegate any of your rights or obligations under this agreement without the prior written consent of the Company.

8.) Severability

If any provision of this agreement is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

9.) Governing Law and Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles. You agree that any legal action arising out of or relating to this agreement shall be filed exclusively in the state or federal courts located in Maricopa County, Arizona. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

10.) Acknowledgment of Understanding

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PRODUCT LIABILITY DISCLAIMER AND INDEMNIFICATION AGREEMENT, UNDERSTAND ITS TERMS, AND AGREE TO BE BOUND BY THEM.

You understand that you are giving up substantial rights, including the right to sue the Company, and you intend this agreement to be a complete and unconditional release of all liability to the greatest extent permitted by law.

By proceeding with the purchase or use of the Products, you signify your acceptance of this agreement.