Waiver
240 Harbor Heights Ct., Lexington, SC 29072
STATE OF SOUTH CAROLINA )
) EXPRESS ASSUMPTION OF RISK, RELEASE OF LIABILITY
) WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
This Express Assumption of Risk, Release of Liability, Waiver of Claims, and Indemnity Agreement the (“Agreement”) is entered into by the undersigned in favor of SAFE FAMILY DEFENSE, LLC, and its respective owners, officers, directors, members, managers, affiliates, contractors, employees, instructors, teachers, agents, successors and assigns (collectively the “Released Parties” and each, a “Released Party”). In consideration for me being permitted to participate in or in any way related to my participation in the events, classes, lessons, activities and/or clinics offered by the Released Parties, including, but not limited to: instruction in the use of firearms; the discharge of firearms; the firing of live ammunition; the use of the range, buildings, land and premises (“Firearm Activities”) with Safe Family Defense, LLC, with or without supervision, I acknowledge and agree as follows:
1. Acknowledgment of Dangerous Activity: I acknowledge that Firearm Activities can be unpredictable and dangerous, and I fully realize that there are certain dangers inherent in Firearm Activities, including, but not limited to, the risks of property damage, personal injury, and even death. I understand that my safety cannot be guaranteed while participating in Firearm Activities. I understand that there is a risk of serious physical harm, and I nonetheless choose to participate in Firearm Activities.
2. Assumption of Risk: Understanding the risks involved, I voluntarily choose to participate in Firearm Activities, and I EXPRESSLY ASSUME the associated risks, including the risk of injury and death, whether caused by the negligence, gross negligence, recklessness, or intentional actions of any of the Released Parties or any other cause. I accept full and complete responsibility for the safety of myself, any guests or observers accompanying me or present at my invitations, and personal property. Further, I assume the risk of damage or injury that may befall me, my guests, and observers, and agree to INDEMNIFY the Released Parties against any claims for damages to persons or property related to the Firearm Activities.
3. Unpredictable Causes and Personal Responsibility: I understand that injuries and harm may result from the Firearm Activities from a variety of causes, including the acts or omissions of other persons, and other causes which are not necessarily predictable. I understand that it is my responsibility to control my actions even during instruction. Regardless of the acts of other parties, I will act in a responsible manner to ensure to the extent possible my own safety and the safety of others.
4. Personal Property, Insurance: I agree that I am responsible for the security of my own personal property, including equipment, and any personal effects, and that the Released Parties cannot guaranty the security of such property. Should I leave any personal property in the custody of the Released Parties, I do so at my own risk. None of the Released Parties shall have any liability to me in the event of loss, damage, unauthorized use by any person or theft of any such property. I acknowledge that I need to purchase sufficient insurance to cover my own property and other interests, and sufficient health insurance to cover my injuries.
5. Release and Waiver of Claims: On behalf of myself, my heirs, successors in interest, guardians, legal representatives, personal representatives and assigns, I HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES, JOINTLY AND SEVERALLY, FROM ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, CAUSES OF ACTION AND LIABILITIES, IN LAW OR IN EQUITY, WHETHER MY OWN, OR DERIVATIVE CLAIMS, BASED UPON ANY BODILY INJURY OR DISABILITY, ILLNESS OR DISEASE, DEATH, FINANCIAL LOSS, PROPERTY LOSS, DAMAGE, DESTRUCTIONS, OR OTHER HARM OF WHATEVER NATURE, WHETHER FORESEEN OR UNFORESEEN, THAT MAY BE SUFFERED OR SUSTAINED BY ME OR BY ANY OTHER PERSON AS A DIRECT OR INDIRECT CONSEQUENCE OF MY PARTICIPATIONS IN FIREARM ACTIVITIES, AS DEFINED HEREIN, WHETHER CAUSED BY THE NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS, OR INTENTIONAL ACT OF RELEASED PARTIES OR OTHERWISE.
6. Covenant Not to Bring Suit: I hereby agree that I, my heirs, successors in interest, guardians, conservators, personal representatives, legal representatives and assigns will not bring a claim against, sue, demand compensation from or attach the property or assets of the Released Parties or any of them, either in my name or their own name, for any loss or damage arising or resulting directly or indirectly from my participation in Firearm Activities or my presence at the Released Parties’ premises. In the event that this covenant is not upheld or that this covenant is breached, I hereby assign any beneficial interest I, my heirs, successors in interest, guardians, conservators, personal representatives, legal representatives, and assigns may have in any cause of action or lawsuit against the Released Parties to the Released Parties, such that any proceeds received from any lawsuit or settlement in contemplation of any lawsuit, including but not limited to, wrongful death and survivor actions, will be paid over to the Released Parties.
7. Indemnification: I agree to INDEMNIFY, DEFEND AND HOLD HARMLESS each of the Released Parties from and against any and all claims, suits, demands, liabilities, damages, losses, costs and expenses, including but not limited to attorney’s fees arising from or in connection with the injury, illness or death of any person or the damage, destruction or loss of any of my property or others’ property which might result, directly or indirectly, from my participation in Firearm Activities.
8. Unforeseeable Events: I realize that this waiver refers to and covers events that may take place after the signing of this document, and that the exact nature of any injury or loss I may suffer as a result of my participation in Firearm Activities may not be entirely foreseeable. I do realize that the extent of loss possible includes serious bodily injury or even death, and damage to or total destructions or loss of any property I may leave in the custody of the Released Parties or have with me during Firearm Activities. With regard to injury or damage resulting from my participation in Firearm Activities, it is foreseeable that I may suffer serious damage or injury, or even death.
9. Photography and Use of Likeness: I hereby give blanket permission and consent to Safe Family Defense, LLC to take and use photographs and/or videos of me while participating in Programs or using the facilities or equipment. I further give my permission and consent to Safe Family Defense, LLC, in its complete and absolute discretion, to use such photographs and/or videos for training, promotions, marketing, and advertising. All such photographs and videos shall be the sole and exclusive property of Safe Family Defense, LLC. I agree that there will be no compensation paid for the use of such photographs or videos, and all revenues, if any, generated by such photographs or videos shall be retained by Safe Family Defense, LLC. I understand I must contact Safe Family Defense and inform them if I decline to give consent under this Article 9.
10. South Carolina Law; Jurisdiction: The terms of this Agreement shall be governed by and interpreted according to the laws of the State of South Carolina, the courts of which shall have exclusive jurisdiction over any matter arising hereunder not subject to Arbitration. I further understand that the terms of this Agreement mean that I am waiving certain important rights that I might otherwise have under the law.
11. Arbitration. I understand that I would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide my case, but I, choose to have any disputes resolved through arbitration. I agree that any claim or dispute relating to the Firearm Activities between me, and any claim by me against the Released Parties, whether related to Firearm Activities or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the National Arbitration Forum under the Code of Procedure in effect when the claim is filed. The Code of Procedure and other information, including a fee schedule, may be obtained from the National Arbitration Forum website (www.adrforum.com).
12. Severability: I agree that this Agreement is intended to be as broad and inclusive as is permitted by South Carolina law. If any portions of this Agreement are determined to be invalid, illegal or unenforceable, the remaining terms of this Agreement shall not be affected or impaired in any way and shall continue in full force and effect.
13. Representations and Warranties: I, hereby warrant that:
A. I HAVE VOLUNTARILY EXECUTED THIS AGREEMENT OF MY OWN FREE WILL, WITHOUT DURESS OR PRESSURE FROM ANY PERSON. I AM OVER THE AGE OF 18.
B. I UNDERSTAND AND ACKNOWLEDGE THAT BY ACCEPTING THIS AGREEMENT I AM GIVING UP CERTAIN LEGAL RIGHTS OF MINE, INCLUDING THE RIGHT TO RECOVER DAMAGES IN THE EVENT OF INJURY, DEATH OR PROPERTY DAMAGE. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION OF ALL CLAIMS.
C. I HAVE READ THIS AGREEMENT CAREFULLY, AND FULLY UNDERSTAND ALL OF ITS TERMS AND CONDITIONS. MY AGREEMENT HEREIIN ACKNOWLEDGES THAT I HAVE HAD THE OPPORTUNITY TO CAREFULLY READ THE ENTIRE AGREEMENT AND TO HAVE MY QUESTIONS ANSWERED TO MY SATISFACTION.
