Whereas, in consideration of being permitted to attend the relevant courses, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Student agrees to the following:
1. ASSUMPTION OF RISK.The Undersigned acknowledges and is fully aware of the risks, hazards, and potential dangers of firearms. Firearms includes, but is not limited to handguns, rifles, shotguns, and machine guns. The risks, hazards, and potential dangers of firearms include, but are not limited to the following activities: handling firearms, reacting to firearms, firing live ammunitions, handling live ammunitions, observing individuals discharging firearms or other types of weapons, observing individuals handling firearms, cleaning and care of firearms, and the instruction of the use, handling, cleaning and care of firearms, and any other activities on the Premises. The types of risks, hazards, and potential dangers of firearm include, but are not limited to property damage, personal or emotional injury, physical injury, dismemberment, disfigurement, total or partial disability, or death.
2. WAIVER. The Undersigned and Undersigned’s heirs, representatives, executors, administrators, next of kin, or any persons or entities acting on Undersigned’s behalf of Undersigned or Undersigned’s estate hereby releases, waives, and forever discharges and covenants not to bring any claim, demand, or other cause of action against SOTERIA TRAINING ACADEMY, LLC, and/or its affiliates, employees, volunteers, agents, members, directors, managers, successors, assigns, or any other of its representatives, which arise directly or indirectly from including but not limited to property damage, personal or emotional injury, physical injury, dismemberment, disfigurement, total or partial disability, or death, which results, whether directly or indirectly, or wholly or partially, arising out of, related to, or connected with: Undersigned’s presence on or use of the Premises; the presence of Undersigned’s personal property on the Premises; the course of instruction; the participation or presence of the Undersigned in the Firearms Course; the Premises, including any latent defect in the Premises; the use of ammunition; the discharge of firearms; the cleaning and care of firearms; any act or omission to act by Undersigned, whether negligent or not; any act or omission to act by any third party on the premises, whether negligent or not; and any act or omission to act, whether negligent or not, by SOTERIA TRAINING ACADEMY, LLC. This waiver includes but is not limited to negligent or omitted first-aid practices by SOTERIA TRAINING ACADEMY, LLC.
3. INDEMNIFICATION. The Undersigned and Undersigned’s heirs, representatives, executors, administrators, next of kin, or any persons or entities acting on Undersigned’s behalf of Undersigned or Undersigned’s estate agrees to indemnify, hold harmless and defend SOTERIA TRAINING ACADEMY, LLC (including its affiliates, employees, volunteers, agents, members, directors, managers, successors, assigns, or any other of its representatives) from any and all claims, demands, or other causes of action arising out of, related to, or connected with: Undersigned’s presence on or use of the Premises; the presence of Undersigned’s personal property on the premises; the participation or presence of the Undersigned in the Firearms Course; the discharge of firearms by Undersigned; the cleaning and care of firearms by Undersigned; the use of instruction in the future; and any and act or omissions to act by Undersigned, whether negligent or not.
4. UNDERSIGNED’S REPRESENTATIONS
- 4.1. LEGAL POSSESSION OF FIREARM. Undersigned represents and certifies that Undersigned is not forbidden from the possession of a firearm under federal, state, or local law. Those prohibited from possessing a firearm include but are not limited to felons; individuals convicted in any court of a crime punishable by imprisonment for a term exceeding one (1) year; fugitives from justice; an unlawful user or addict of controlled substances as defined in § 102 of the Controlled Substances Act, 21 U.S.C. 802; persons found by a court to have certain mental deficiencies or committed to a mental institution; aliens unlawfully in the United States or lawfully in the United States under a nonimmigrant visa and does not fall under a lawful exception; individuals dishonorably discharged from the Armed Forces; former citizens of the United States who have renounced United States citizenship; individuals who are subject to a court order that restrains a person from harassing, stalking, or threatening an intimate partner or child of such intimate partner issued after hearing notice was given to the individual and that individual had an opportunity to participate, which found that individual subject to the order represents a credible threat to the intimate partner or child of the intimate partner OR explicitly prohibits the use, attempted use, or threatened use of force against the partner; individuals convicted of a misdemeanor crime of domestic violence; or individuals who have by order of any court been adjudged unfit to carry or possess a firearm.
- 4.2. PHYSICAL OR MENTAL ILLNESS OR CONDITION. Undersigned represents and certifies that Undersigned does not have a physical or mental illness or condition that will impair Undersigned’s ability to safely participate in the Firearms Course to maintain the safety of Undersigned and others.
- 4.3. DRUG AND ALCOHOL POLICY. Undersigned represents and certifies that Undersigned is not under the influence of drugs or alcohol which impairs Undersigned’s ability to safely participate in the Firearms Course to maintain the safety of Undersigned and others. Undersigned shall never participate in the Firearms Course if Undersigned is under the influence of drugs or alcohol which impairs Undersigned’s ability to safely participate in the Firearms Course to maintain the safety of Undersigned and others.
- 4.4. COMPLIANCE WITH RULES, INSTRUCTIONS, AND PROCEDURES. Undersigned agrees to follow and abide by rules, instructions, and procedures of the instructor of the Firearms Course or any other appropriate staff. Compliance with rules, instructions, and procedures is necessary for the safety of the Undersigned and others.
5. REMOVAL FROM FIREARMS COURSE AND PREMISES. Undersigned agrees that SOTERIA TRAINING ACADEMY, LLC staff may in their sole discretion, determine that it is unsafe for Undersigned or others for Undersigned’s participation in the Firearms Course to continue. SOTERIA TRAINING ACADEMY, LLC staff, in their sole discretion, may remove Undersigned from the premises by any lawful means.
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