The NEMO Arms Blog

The individual named below (referred to as “I” or “me“) desires to purchase the OMEN Nitemare firearm (the “Firearm”) from Nemo Arms, Inc., a Montana corporation with offices located at 1906 Smeed Pkwy #101, Caldwell, ID 83605 (the “Company“). In consideration of being permitted by the Company to purchase the Firearm for my personal use and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this instrument (this “Release“).

I AM AWARE AND UNDERSTAND THAT THE PURCHASING THE FIREARM AND USING IT IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. I ACKNOWLEDGE THAT THE FIREARM HAS A VERY SHORT BARREL SO THAT WHEN A BULLET EXITS THE MUZZLE OF THE FIREARM IT IS FIRED WITH PRESSURES OF APPROXIMATELY 40,000 PSI THAT WILL EXPOSE ME AND THOSE AROUND ME TO EXCEPTIONALLY HIGH LEVELS OF SOUND-PRESSURE, BURNING POWDER, AND OTHER CONCUSSIVE FORCES.

NOTWITHSTANDING THE RISKS IDENTIFIED ABOVE, AND OTHER RISKS ASSOCIATED WITH THE FIREARM AND DISCHARGING FIREARMS IN GENERAL, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PURCHASING THE FIREARM WITH THE EXPECTATION OF FIRING IT WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PURCHASE AND USE OF THE FIREARM, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.

I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers, directors, employees, agents, affiliates, shareholders, successors, and assigns (collectively, “Releasees”), on account of injury, disability, death, or property damage arising out of or attributable to my use of the Firearm, whether arising out of the negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that Idaho law does not permit to be released by agreement.

I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including [reasonable] attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by the Company or any other Releasees in a final judgment, arising out or resulting from any claim of a third party related to my purchase or use of the Firearm, including any claim related to my own negligence or the negligence of the Company.

This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and our respective heirs, successors, and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Idaho without giving effect to any choice or conflict of law provision or rule (whether of the State of Idaho or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Ada County, Idaho and I hereby consent to the exclusive jurisdiction of such courts.

BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT, I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT.