Waiver
PARTICIPANT AGREEMENT, RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT
Organization/Instructor Name(s): Augusta Firearms Academy / Bokor Combative Systems LLC / Michael Yamarino
Activity Location(s): Augusta Firearms Academy Range and Classroom and Bokor Combative Systems Classroom
Participant Name: ____________________________________________________
Participant Date of Birth: _________________________
Participant Phone: _________________________
Participant Email: ____________________________________________________
Emergency Contact Name: _________________________ Phone: _________________________
In consideration for being permitted by Augusta Firearms Academy, Bokor Combative Systems LLC, and Michael Yamarino, individually and collectively, and their respective owners, officers, directors, members, managers, instructors (including but not limited to Michael Yamarino), agents, employees, volunteers, independent contractors, representatives, affiliated entities, landlords, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as the "RELEASED PARTIES"), to participate in martial arts training, firearms instruction, live-fire range activities, related events, use of facilities, and any other associated activities (hereinafter collectively referred to as the "ACTIVITIES"), I, on behalf of myself, my personal representatives, assigns, heirs, and next of kin, hereby acknowledge, agree, and represent as follows:
1. ACKNOWLEDGEMENT AND ASSUMPTION OF INHERENT RISKS: I understand and acknowledge that participation in the ACTIVITIES entails known and unanticipated risks which could result in physical or emotional injury, paralysis, disability, death, and property damage. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, but are not limited to:
(Martial Arts Risks): Risks associated with physical exertion, rapid movements, strenuous physical contact, sparring, grappling, throws, falls, strikes, kicks, blocks, joint manipulation, use of training weapons (padded or otherwise), slips, trips, falls on various surfaces, collisions with other participants or objects, muscle strains/sprains, fractures, dislocations, head injuries, and other risks inherent in close-contact physical training.
(Firearms Risks): Risks associated with handling, loading, unloading, and firing firearms; accidental discharge; malfunction of firearms or ammunition; ricochets; exposure to loud noises (potentially causing hearing damage); exposure to lead, gunpowder residue, and cleaning solvents; ejected casings; risks of being shot or injured by myself or others; failure of safety equipment; errors in judgment by myself or other participants or instructors; risks associated with drawing from holsters, movement while handling firearms, and shooting in various conditions or positions.
(General Risks): Equipment failure; failure to follow instructions or safety rules; negligence of other participants, instructors, or other persons associated with the ACTIVITIES; potential exposure to communicable diseases; unforeseen environmental hazards; the condition of the premises; unavailability of immediate medical attention; and my own physical condition or limitations.
I expressly agree and promise to accept and assume all of the risks existing in the ACTIVITIES, both known and unknown, foreseen and unforeseen. My participation in the ACTIVITIES is purely voluntary, and I elect to participate in spite of the risks.
2. RELEASE OF LIABILITY AND WAIVER OF CLAIMS: I hereby voluntarily release, forever discharge, waive, and covenant not to sue the RELEASED PARTIES (including specifically, but not limited to, Augusta Firearms Academy, Bokor Combative Systems LLC, and Michael Yamarino) from any and all liability, claims, demands, actions, or rights of action, which are related to, arise out of, or are in any way connected with my participation in the ACTIVITIES, including, but not limited to, any and all alleged negligence of the RELEASED PARTIES resulting in personal injury, accidents, illnesses (including death), and property loss.
3. INDEMNIFICATION AGREEMENT: I further agree to indemnify, defend, and hold harmless the RELEASED PARTIES from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney's fees, brought as a result of my involvement in the ACTIVITIES, whether caused by my negligence or otherwise, and to reimburse them for any such expenses incurred.
4. REPRESENTATIONS AND WARRANTIES:
* I represent that I am in good physical and mental health, and possess sufficient physical fitness, coordination, and cognitive ability to safely participate in the ACTIVITIES. I have no medical or physical conditions which could interfere with my safety in these ACTIVITIES, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
* I affirm that I am legally permitted under all applicable federal, state, and local laws to possess, handle, and use firearms. I am not a "prohibited person" under any relevant statute. I will immediately notify instructors if my legal status regarding firearms changes.
* I agree to abide by all safety rules, range commands, and instructions given by the instructors or staff (including Michael Yamarino and any other instructor representing Augusta Firearms Academy or Bokor Combative Systems LLC), both written and verbal. I understand that failure to do so may result in my immediate removal from the ACTIVITIES without refund.
* I agree to wear appropriate eye and ear protection at all times during firearms training as instructed, and any other safety gear deemed necessary for martial arts or firearms training.
* I agree not to be under the influence of alcohol, illicit drugs, or any prescription or over-the-counter medication that could impair my physical or mental abilities during the ACTIVITIES.
5. MEDICAL AUTHORIZATION: In the event of an injury or medical emergency during my participation in the ACTIVITIES, I hereby authorize the RELEASED PARTIES to secure from any licensed hospital, physician, and/or medical personnel any treatment deemed necessary for my immediate care. I agree that I will be responsible for payment of any and all medical services rendered.
6. PHOTO/VIDEO RELEASE (Optional - Include if applicable):
* I hereby grant the RELEASED PARTIES permission to use photographs and/or video recordings taken of me during the ACTIVITIES for promotional materials, publications, website content, social media, or other legitimate purposes without compensation to me. (Initial here if you agree: ______)
7. SEVERABILITY: I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
8. GOVERNING LAW: This Agreement shall be governed by the laws of the State of Georgia, without regard to its conflict of law rules. Any legal action related to this Agreement or the ACTIVITIES shall be brought only in the state or federal courts located within Columbia County, Georgia.
ACKNOWLEDGEMENT OF UNDERSTANDING: I certify that I have read this Participant Agreement, Release of Liability, Waiver of Claims, Assumption of Risks, and Indemnity Agreement in its entirety. I fully understand its terms and conditions. I understand that I am giving up substantial legal rights, including the right to sue the RELEASED PARTIES (Augusta Firearms Academy, Bokor Combative Systems LLC, Michael Yamarino, and associated parties as defined herein) for injuries or damages resulting from the inherent risks of the ACTIVITIES or the ordinary negligence of the RELEASED PARTIES. I acknowledge that I am signing this agreement freely and voluntarily, without any inducement, assurance, or guarantee being made to me, and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
Participant Signature: _________________________________________ Date: _______________
Printed Name: ____________________________________________________
--- FOR PARTICIPANTS UNDER 18 YEARS OF AGE ---
I, as the parent or legal guardian of the minor participant named above, have read and understood this Agreement and all its terms. I acknowledge the risks involved in the ACTIVITIES and voluntarily agree that the minor participant may take part. On behalf of the minor participant, myself, and the minor's heirs, family members, executors, or administrators, I hereby release, discharge, waive, and covenant not to sue the RELEASED PARTIES from any and all liability related to the minor's participation, as described above, even if arising from the negligence of the RELEASED PARTIES, to the fullest extent permitted by law. I also agree to indemnify and hold harmless the RELEASED PARTIES from any claims brought by or on behalf of the minor.
Parent/Guardian Signature: ____________________________________ Date: _______________
Printed Name: ____________________________________________________
Relationship to Minor: _________________________