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THE COMPOUND NEVADA
WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, HOLD HARMLESS, AND INDEMNITY AGREEMENT
In consideration for being permitted to attend a course for instruction in firearms; instruction in self-defense techniques; for use of premises; and/other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned Participant(s) fully understands, agrees, and acknowledges that:
PARTICIPANT’S ACKNOWLEDGEMENT OF RISKS
I/We fully understand, agree, and acknowledge that:
a. THERE ARE RISKS AND DANGERS ASSOCIATED WITH THE USE OF FIREARMS, AND PARTICIPATION IN FIREARMS/SHOOTING TRAINING, EVENTS, AND ACTIVITIES THAT COULD RESULT IN BODILY INJURY, PARTIAL AND/OR TOTAL DISABILITY, PARALYSIS AND/OR DEATH.
b. THERE ARE RISKS AND DANGERS ASSOCIATED WITH PARTICIPATION IN SELF-DEFENSE AND/OR MARTIAL ARTS TRAINING, EVENTS, AND ACTIVITIES THAT COULD RESULT IN BODILY INJURY, PARTIAL AND/OR TOTAL DISABILITY, PARALYSIS AND/OR DEATH.
c. The social and economic losses and/or damages, which could result from these risks and dangers described above, could be severe.
d. These risks and dangers may be caused by the action, inaction or negligence of the participant or the action, inaction or negligence of others, including, but not limited to, the negligence or gross negligence of the “Releasees” named below herein (see Section (q), hereafter the “Releasees”).
e. There may be other risks not known to the Undersigned, or that are not reasonably foreseeable at this time.
f. THE ABOVE CONTEMPLATED ACTIVITIES AND/OR EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. The Undersigned also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
PARTICIPANT’S ACCEPTANCE AND ASSUMPTION OF THE RISKS, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY OF RELEASEES
g. I/WE ACCEPT AND VOLUNTARILY ASSUME THE ABOVE-DESCRIBED RISKS, AND ANY ASSOCIATED, RELATED, OR OTHER RISKS, AND ASSUME FULL RESPONSIBILITY FOR THE LOSSES AND/OR DAMAGES FOLLOWING ANY INJURY, DISABILITY, PARALYSIS, DEATH, OR PROPERTY DAMAGE, HOWEVER, CAUSED AND WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF THE RELEASEES NAMED HEREIN.
h. I/WE HEREBY COVENANT NOT TO SUE THE RELEASEES NAMED HEREIN; AND FULLY RELEASE, WAIVE, INDEMNIFY, HOLD HARMLESS, AND DISCHARGE RELEASEES (AS DEFINED IN SECTION (q) HEREIN) FROM ALL LIABILITY TO THE UNDERSIGNED (INCLUDING MY/OUR PERSONAL REPRESENTATIVES, ASSIGNS, EXECUTORS, HEIRS AND NEXT OF KIN) FROM ANY AND ALL CLAIMS, DEMANDS, LAWSUITS, LOSSES OR DAMAGES, OF ANY KIND WHATSOEVER, ON ACCOUNT OF ANY INJURY, DEATH, OR DAMAGE TO PROPERTY, AND INCLUDING BUT NOT LIMITED TO THOSE ARISING OUT OF, OR RELATING TO:
1. THE DISCHARGE OF FIREARMS;
2. PARTICIPATION IN ANY FIREARMS/SHOOTING TRAINING, EVENTS, OR ACTIVITIES;
3. PARTICIPATION IN SELF-DEFENSE AND/OR MARTIAL ARTS TRAINING, EVENTS, OR ACTIVITIES;
4. PARTICIPATION IN TACTICAL TRAINING, EVENTS, OR ACTIVITIES;
5. PARTICIPATION IN ANY OTHER CLASS/COURSE OF INSTRUCTION (OR INSTRUCTIONS CONVEYED) BY ANY RELEASEE;
6. USE OF THE UNDERSIGNED’S OWN PROPERTY;
7. USE OF ANY RELEASEE’S PROPERTY;
8. THE UNDERSIGNED’S PRESENCE ON OR USE OF ANY RANGE, BUILDING, FACILITY, LAND, AND/OR PREMISES THAT RELEASEES MAY
OWN, LEASE, CONTROL, OR HAVE ACCESS TO (INCLUDING ANY DEFECT IN/ON THE PREMISES);
9. OR ANY OTHER EVENT(S) OR OCCURRENCE CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART, BY ANY NEGLIGENCE, GROSS NEGLIGENCE, ACT AND/OR OMISSION OF ANY RELEASEE, OR OTHERWISE.
i. Any Instructor(s) associated with Releasees, or otherwise present at or involved with the Facility, shall not be liable to the Undersigned for any of the foregoing claims or liabilities, and Undersigned, on behalf of himself/herself and on behalf of his/her executors, personal representatives, administers, assignees, heirs and next of kin, hereby expressly releases such Instructor(s) from any and all such claims and liabilities.
j. Undersigned hereby expressly assumes the risk of taking part in: any and all classes or courses relating to the instruction and/or use of firearms; any and all activities or events involving firearms; and the discharge or use of firearms and the firing of live ammunition.
k. Undersigned hereby expressly assumes the risk of taking part in: any and all classes or courses relating to self-defense and/or martial arts; any and all activities or events involving self-defense and/or martial arts.
PARTICIPANT’S CONSENT TO RULES, MISCELLANEOUS PROVISIONS
I/We fully understand, agree, and acknowledge that:
l. I certify that I have no medical, mental, or physical conditions, which could interfere with or in any way impede my safety, the safety of others while using the TCN facilities.
m. I hereby acknowledge and agree that I shall be solely and personally responsible for any damage, loss, or claim to any property or equipment of TCN and any injury or damage to any employee, instructor, or agent of TCN caused by or in any way arising out of any act or omission on my part, and I wholly indemnify, defend and hold TCRC harmless from and against any and all loss, liabilities, damages, claims, costs, and expenses (including reasonable costs of defense and consultant fees, court costs, and other litigation expenses) of any nature whatsoever proffered by TCN caused by or in any way arising out of any act or omission on my part.
n. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while utilizing the TCN facilities or else I agree to bear the costs of such injury or damage to myself, to property, or to other persons.
o. Undersigned’s participation in any training/course/class does not guarantee any certification or permit of any kind from TCN or any other agency.
p. Undersigned has read, understands, and will at all times comply with and abide by all range rules, class/course/event rules and procedures, and any other rules and procedures, stated/given by any Instructor and/or the Facility.
q. No remedy conferred to Releasees by any of the specific provisions of this instrument is intended to be exclusive of any other remedy, and each and every remedy afforded Releasees shall be cumulative and shall be in addition to every other remedy now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedy hereunder by any Releasee shall not constitute a waiver of such Releasee’s right to pursue other available remedies. This instrument binds the Undersigned and his/her executors, representatives, administrators, assignees, heirs, and next of kin.
r. If any provision of this instrument is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
s. Facility: The Compound Nevada (TCN)
t. RELEASEES: THE COMPOUND NEVADA; TTF ENTERPRISES, LLC (AND TTF ENTERPRISES, LLC d/b/a THE COMPOUND NEVADA) (“TTF”); CLJ ENTERPRISES, INC. (“CLJ”); TTF AND CLJ’S OWNERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, ATTORNEYS, VOLUNTEERS, ASSISTANTS, INSTRUCTORS, RANGE OPERATORS, PROMOTERS, SHOOTING/RANGE CLUBS, SPORTS/SELF-DEFENSE/MARTIAL ARTS CLUBS, LESSEES OF PREMISES USED TO CONDUCT EVENTS OR PROGRAMS, PREMISES AND EVENT INSPECTORS, UNDERWRITERS, AND/OR CONSULTANTS; AND OTHERS WHO GIVE RECOMMENDATIONS, DIRECTIONS, TRAINING, OR INSTRUCTIONS, OR ENGAGE IN RISK EVALUATION OR LOSS CONTROL ACTIVITIES, REGARDING THE FACILITY OR EVENTS/ACTIVITIES/COURSES/CLASSES CONDUCTED BY THE FACILITY, AND EACH OF THEM, THEIR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES (INDIVIDUALLY AND/OR COLLECTIVELY, JOINTLY AND/OR SEVERALLY).
I HAVE HAD SUFFICIENT TIME TO READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, HOLD HARMLESS, AND INDEMNITY AGREEMENT; FULLY UNDERSTAND ITS TERMS; UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT; AND HAVE SIGNED IT 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.