Terms and Conditions
4857 NW Lake Road #115, Camas, WA 98607
Assumption of Risk and Release of Liability Agreement between Brimstone Gunsmith Services hereinafter sometime referred to as “Brimstone” and the undersigned, hereinafter referred to as “Customer” for services requested herein.
As a gun owner I am aware that non-factory alterations and modifications of firearms may be hazardous. I am voluntarily requesting and acknowledging that any of these non-factory alterations and modifications to my firearm made by Brimstone are being made at my request and are made with the knowledge of the dangers involved which include but are not limited to death or serious personal injury to myself or others. I further accept for myself and any of my heirs, assignees, guardians and legal representatives for me or of my estate of any and all risks of injury or death to anyone including myself and verify this statement by my signature appearing below and I further hold Brimstone harmless for any claim made by anyone alleging any injury to anyone including myself whatsoever as the result of the non-factory alterations and modifications referred to above.
In consideration of the mutual promises set forth in the body of this agreement, Customer and Brimstone (sometime referred to as Gunsmith) agree that Brimstone shall undertake the work described in the attached work order that has been signed by Brimstone and Customer and incorporated into this agreement.
Customer understands that any non-factory alterations which the Customer has requested to be done to the Customer's gun, pursuant to this Work Order, may also release the manufacturer from any liability for any injury and/or damages, should any occur as the result of non-factory modifications to the firearm as it was originally manufactured in addition to releasing Brimstone as set forth above.
Customer will defend, indemnify and hold Brimstone harmless from all liability for any loss, damage or injury to persons or property arising from or related to the performance of the services provided by Brimstone. If any legal action, including a legal action in contract law, tort law or criminal law, including an action for declaratory relief is brought to enforce or interpret the provisions of this contract, or a suit of liability, then the prevailing party shall be entitled to recover reasonable attorney's fees from the other party. These fees may be set by the court in the same action or in a separate action brought for that purpose, are in addition to any other relief to which the prevailing party may be entitled.
This agreement supersedes any and all other agreements either orally or in writing between Customer and Brimstone with respect to the subject of this agreement and further contains all of the covenants, promises and agreements between the parties with respect to the gunsmith work to be rendered by Brimstone pursuant to the Work Order. No other agreement, statement or promise not contained in this contract and acknowledged in writing by both Customer and Brimstone shall be binding or valid.
Any dispute regarding the validity of this agreement and any of its terms or provisions, as well as the rights and duties of Customer and Brimstone shall be construed pursuant to the laws of the State of Washington.
If any term of this agreement is held by a court of competent jurisdiction to be void or unenforceable, the remainder of the terms of this agreement shall remain in full force and effect and shall not be affected.
Any firearm left at Brimstone for more than 30 days after written notification by Brimstone to Customer at Customer’s address appearing below that the work has been completed with the charges set forth in said notice will be sold to cover all charges for the work on any firearm performed by Brimstone including incidental expenses without enforcing any mechanics’ liens or other similar legal actions.
By signing below Customer acknowledges that the firearm has been presented in the condition, and with the parts and accessories, as described herein.
Brimstone guarantees its work on any firearm for a period of thirty (30) days after firearm has been returned to Customer for any standard repairs including non-factory modifications as described in the work order for Brimstone and is limited to labor only as the parts may be new or used and not manufactured by Brimstone. All returns and refunds are at the discretion of Brimstone.