Waiver
By signing this Waiver I acknowledge my desire to participate in firearms and/or defensive tactics training offered by Acumen Tactical, LLC. In consideration of Acumen Tactical, LLC, allowing me to participate in such firearms and/or defensive tactics classes, and on behalf of myself and my heirs, agents, executors, administrators, successors, estate, and assigns, irrevocably and unconditionally release, indemnify, and hold harmless Acumen Tactical, LLC, and its its owners, officers, employees, contractors, agents, representatives, insurers, and any other person or entity acting on behalf thereof (collectively, hereinafter referred to as “Acumen Tactical”), and acknowledge and agree as follows:
1. I understand the inherent risks that exist in firearms and defensive tactics training, the use of firearms and being in proximity to their use, and acknowledge that these risks could result in physical, emotional, or psychological injury, including death, serious bodily injury, paralysis, or other damage to my person or property or to that of third-parties. Risks include but are not limited to-being shot by a firearm, suffering injury to or loss of hearing or sight, inhalation of or other contact with airborne contaminants and flying debris, bruises or other physical injuries as a result of participating in these activities which may result in periods of discomfort and pain. I acknowledge that such risks can be reduced but not entirely eliminated.
2. I understand that the instructors assigned by Acumen Tactical have a difficult job to perform, and that they seek safety but are not error-free, including but not limited to being unaware of a participant’s fitness or abilities, the condition of a participant’s equipment, and giving inadequate warnings or instructions. I acknowledge that Acumen Tactical cannot guarantee that safe firearms practices will be used by every participant of classes and events at every moment. I expressly agree to accept all risks existing in firearms and/or defensive tactics training and acknowledge that my participation is purely voluntary and that I elect to participate in spite of the risks. Therefore, on behalf of myself and my heirs, agents, executors, administrators, successors, estate, and assigns, I hereby voluntarily release and agree to indemnify and hold harmless Acumen Tactical and its owners, officers, employees, contractors, agents, representatives, insurers and any other person or entity acting on behalf thereof, for any and all loss or expense (including attorneys’ fees) by reason of any liability imposed by law upon Acumen Tactical from any and all claims, demands or causes of action which are in any way connected with my participation in firearms and/or defensive tactics training or my use of any equipment or facility, including any claims which allege negligent acts or omissions of Acumen Tactical, its owners, officers, employees, contractors, agents, representatives, insurers and any other person or entity acting on behalf thereof.
3. I acknowledge that I may provide and use my own equipment in connection with firearms and/or defensive tactics training and represent that such equipment shall throughout its entire use in connection with the activity be legally in my possession and in good working order, properly maintained and safely operated. I agree to be personally responsible for my own safety and to immediately follow all instructions given by the instructors. Should I have any reservations about any instructions I am given I will immediately notify an instructor of such reservations while maintaining safety for myself and others. I will not participate in any activity that I deem unsafe. I acknowledge and agree that the instructors may at any time make a determination related to my actions and safety, and should I fail to correct my actions after being warned, that they may use their own discretion and determine whether or not I may continue with the instruction. Upon any such discontinuation of my participation, I understand that I may be required to leave a facility immediately and may not be entitled to a refund of training fees.
4. I understand all requirements for the training and agree that if at any time I am not or believe that I am not physically or mentally capable of completing the demands and/or functions of the training that I will immediately advise the instructors and may be required to stop participating in the training. I agree to perform the training at no greater speed or force level than I am comfortable with and competent at, to perform only those activities taught by the instructors and to not improvise additional activities on my own during instruction. I agree that Acumen Tactical will have no responsibility to accommodate me or change the instruction solely for my benefit. Further, I understand and acknowledge that in the course of firearms and/or defensive tactics training and instruction, there may be incidental physical contact between the instructor and the student. I agree to hold Acumen Tactical, its agents and assigns harmless against any liability, loss, or damages caused by or arising out of such physical contact.
5. I agree to use my best efforts to keep the training area safe and to immediately notify an instructor of any potentially unsafe aspect of the training area, including the unsafe behavior of other participants. I agree that when arriving or departing the course I will keep any firearm in my possession unloaded and either cased or with action open, including any concealed weapons, while on any real property where instruction is being held. I shall immediately notify an instructor of any injury that I receive or that I cause or observe to any other participant.
6. I certify that I am not a fugitive from justice or under indictment and have not been convicted of a felony, domestic violence, or any misdemeanor or other crime that would prohibit me from possessing firearms, that I am not drug or alcohol dependent or under adjudication of mental incompetence, and that I am not otherwise prohibited from being allowed to possess firearms in the State of North Carolina.
7. I grant to Acumen Tactical, and their legal representatives and assigns, the ability to record my image, voice and actions for use in print, film, television, radio social media, or other digital medium and I grant toAcumen Tactical and their legal representatives and assigns, the irrevocable right to use and publish photographs, still or moving, digital or otherwise, of me or in which I may be included, for the purposes of self-promotion, including advertising, in any manner and medium; and to alter and composite the same without restriction and without my inspection or approval. I hereby release Acumen Tactical and its legal representatives and assigns from all claims and liability relating to said photographs. I agree that Acumen Tactical, and their legal representatives and assigns, are the sole owner of all rights in and to said photographs and recordings, for all purposes absolutely and in perpetuity, including the right to telecast and/or distribute the film, programs, commercials, or recordings. I agree to hold Acumen Tactical and any other third parties harmless against liabilities, loss, or damages caused by, or arising out of the telecast and/or distribution, or the use of my likeness, appearance, or any vocal statements made by me.
8. I expressly agree that this Waiver is intended to be as broad as is permitted by the law of the State of North Carolina. I further agree that if any provisions of this Waiver are held to be invalid, the balance hereof shall continue in full force and effect. I have read, acknowledge and understand this Waiver, fully understand its terms and understand that I am giving up substantial rights, including the right to sue. I acknowledge that I am signing this Waiver freely and voluntarily and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
