Firearms Training Release, Waiver of Liability, Assumption of Risk, Indemnification, Hold Harmless, Electronic Signature, Media Consent, and Minor Parental Consent Agreement

This Firearms Training Release, Waiver of Liability, Assumption of Risk, Indemnification, Hold Harmless, Electronic Signature, Media Consent, and Minor Parental Consent Agreement (this "Agreement") is entered into as of the date signed below by the undersigned participant, parent, or legal guardian (the "Effective Date").

1. Parties

1.1 Instructor / Provider. This Agreement is between Instructor/Provider: Christopher Rich, individually and/or through Tate's Tactical, LLC, a Florida Limited Liability Company, together with its owners, members, managers, officers, directors, employees, agents, contractors, successors, and assigns (collectively, "Instructor").

1.2 Adult Participant. If the participant is eighteen (18) years of age or older, the undersigned individual is the "Participant."

1.3 Minor Participant. If the participant is under eighteen (18) years of age, the undersigned parent or legal guardian is signing on behalf of the minor participant identified below, and the undersigned parent or guardian is the "Parent/Guardian."

2. Purpose and Consideration

In consideration of being permitted to participate in firearms instruction, training, practice, demonstration, range use, live-fire or dry-fire exercises, and related services or activities provided, sponsored, hosted, arranged, or supervised by Instructor, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the undersigned agrees to all terms of this Agreement.

3. Description of Activities

The "Activities" may include, without limitation:

  • classroom instruction concerning firearms safety, firearms law, and marksmanship;
  • handling, loading, unloading, carrying, holstering, unholstering, passing, and otherwise manipulating firearms and ammunition;
  • live-fire and dry-fire drills;
  • movement drills, reload drills, malfunction drills, and similar exercises;
  • observation of others engaged in the Activities;
  • transportation, staging, setup, waiting, and teardown associated with the Activities.

The Activities may occur at one or more indoor or outdoor ranges, training sites, classrooms, or other locations designated by Instructor or a facility operator (each, a "Facility").

4. Location of Activities

Instructor may use different facilities and venues for its activities. Instructor may designate additional or alternative locations from time to time. All Facility rules, safety rules, and applicable conditions apply at all locations.

5. No Guarantee of Completion or Certification

The undersigned understands and agrees that Instructor does not guarantee successful completion of any course or receipt of any certificate, license, endorsement, qualification, or other credential; and Instructor may discontinue the undersigned's participation at any time for any reason, including safety concerns, misconduct, or noncompliance, without obligation to refund any fees except as required by law or separate written agreement.

6. Participant / Parent / Guardian Representations

6.1 Adult Participant Representations. If the participant is an adult, the undersigned represents and warrants that the undersigned is at least eighteen (18) years old; has full legal capacity and authority to enter into this Agreement; and is signing voluntarily and not under duress, coercion, or undue influence.

6.2 Parent / Guardian Representations. If the participant is a minor, the undersigned Parent/Guardian represents and warrants that the undersigned is the parent with legal rights or the legal guardian authorized to sign this Agreement on behalf of the minor participant; has authority to make decisions regarding the minor participant's participation in the Activities; is signing voluntarily and not under duress, coercion, or undue influence; and understands that this Agreement affects the minor participant's legal rights, including claims that may belong to the minor's estate.

6.3 Eligibility and Fitness. The undersigned further represents and warrants that, to the best of the undersigned's knowledge, the participant is not prohibited under federal, state, or local law from possessing, receiving, using, or having access to firearms or ammunition; is not currently under the influence of alcohol, illegal drugs, or impairing medication; does not have a physical or mental condition that would make participation unsafe; and will immediately notify Instructor if any representation in this Agreement becomes untrue.

7. Basic Firearms Safety Rules

The undersigned acknowledges and agrees to follow the following basic safety rules at all times: always keep your finger off the trigger until ready to shoot; always keep the gun pointed in a safe direction; always keep the gun unloaded until ready to use. The undersigned understands that these rules are minimum safety requirements and that additional range rules, commands, or instructions may apply.

8. Acknowledgment of Inherent Risks

The undersigned acknowledges that firearms and ammunition are inherently dangerous instrumentalities and that the Activities involve substantial risks, including but not limited to accidental or negligent discharge; ricochet, stray projectiles, or projectile fragments; firearm or ammunition malfunction; improper handling by the participant or others; hearing loss, eye injury, recoil injury, cuts, bruises, burns, slips, trips, falls, or other physical injury; emotional or psychological distress; the actions or omissions of other participants, instructors, staff, or third parties; and serious bodily injury, permanent disability, death, and property damage. The undersigned understands that these risks cannot be eliminated even when reasonable care is used.

9. Assumption of Risk

To the fullest extent permitted by Florida law, the undersigned knowingly, freely, and voluntarily assumes all risks, known and unknown, foreseeable and unforeseeable, arising out of or related to participation in the Activities, whether caused in whole or in part by the undersigned's own acts or omissions; the acts or omissions of Instructor or any Released Party; the acts or omissions of other participants or third parties; or the condition of the Facility, equipment, firearms, ammunition, or surrounding areas.

10. Release and Waiver of Liability

To the fullest extent permitted by Florida law, the undersigned, on behalf of himself or herself and, if applicable, the minor participant and their respective heirs, executors, administrators, personal representatives, successors, and assigns, hereby releases, waives, acquits, and forever discharges Instructor and all other Released Parties from any and all claims, demands, causes of action, suits, liabilities, damages, losses, costs, and expenses of every kind and nature, whether known or unknown, in law or in equity, arising out of or relating to the Activities or the undersigned's or minor participant's presence at any Facility, venue and property where any of its activities are taking place.

This release includes, to the fullest extent permitted by Florida law, claims arising from ordinary negligence. Nothing in this Agreement is intended to release claims that cannot lawfully be waived under Florida law, including, to the extent nonwaivable, claims arising from gross negligence, intentional misconduct, or willful and wanton conduct.

Participant will further hold harmless any venue and/or facilities that are used by the instructor. The participant holds harmless the venues, property owners, and facilities for the use of the facility, property or venue provided that there is no negligent, intentional misconduct or willful wanton conduct.

10.1 Released Parties. "Released Parties" means Instructor; any entity through which Instructor operates; the owners, members, managers, officers, directors, employees, agents, contractors, and insurers of Instructor; Facility owners, operators, lessors, managers, employees, and agents; sponsors, organizers, and event partners; and each of the foregoing's heirs, successors, and assigns.

11. Covenant Not to Sue

To the fullest extent permitted by Florida law, the undersigned agrees not to initiate, maintain, or assist any claim or action against any Released Party arising out of or relating to the Activities or this Agreement. If such a claim is filed in violation of this covenant, the undersigned agrees to be responsible for the Released Parties' reasonable attorneys' fees, costs, and expenses to the extent permitted by law.

12. Hold Harmless and Indemnification

To the fullest extent permitted by Florida law, the undersigned agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, losses, damages, liabilities, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys' fees and court costs, arising out of or related to the undersigned's participation in the Activities; any breach of this Agreement; any negligent, reckless, or intentional act or omission by the undersigned; or any violation of law, rule, or Facility policy by the undersigned. This obligation survives completion of the Activities and termination of this Agreement, to the extent permitted by law.

13. Safety and Conduct Rules

The undersigned agrees to comply with all range rules, Facility rules, posted instructions, and oral instructions from Instructor or Facility personnel; to stop immediately upon command or "cease fire"; not to bring any firearm or ammunition unless expressly authorized in advance; to report unsafe conditions, malfunctions, or dangerous conduct immediately; and not to attempt to correct another participant's unsafe conduct except by notifying Instructor or Facility personnel. Instructor and the Facility may remove any participant at any time for unsafe conduct, suspected impairment, or noncompliance.

14. Medical Condition and Emergency Care

The undersigned represents that the participant is in sufficient physical and mental condition to participate safely and has not been advised not to participate in firearms-related activities. In the event of injury or medical emergency, the undersigned authorizes Instructor and Facility personnel to seek emergency medical care for the participant as reasonably necessary. The undersigned accepts responsibility for all resulting medical expenses.

15. Use of Name, Image, Likeness, Voice, and Media

15.1 Consent for Marketing Use. By initialing below, the undersigned grants Instructor permission to use the participant's or, if applicable, minor participant's name, image, likeness, voice, and recorded media for marketing, promotional, advertising, website, social media, and commercial purposes related to Instructor's business. Unless the participant explicitly opts out, the participant has authorized the use of their name, image, likeness, comments, voice or recorded media for marketing purposes. Participant must EXPRESSLY opt out if participant does not consent to the marketing use.

15.3 Opt-Out. If the opt-out line is selected below, the undersigned still permits incidental capture for operational, safety, training, insurance, recordkeeping, or legal purposes, to the extent permitted by law.

15.4 Scope and Revocation. Any consent to use name, image, likeness, or voice is perpetual, worldwide, royalty-free, and transferable, unless revoked in a written notice delivered to Instructor. Revocation applies only prospectively and does not affect materials already created, published, or distributed before receipt of the revocation.

16. Electronic Signature and Paper Form Consent

The undersigned understands and agrees that this Agreement may be executed either in electronic form using an electronic signature, or in paper form using a handwritten signature. If executed electronically, the undersigned consents to use an electronic signature and agrees that the electronic signature is legally binding and has the same force and effect as a handwritten signature, to the fullest extent permitted by Florida law. The undersigned also consents to receive this Agreement and related notices electronically. If the undersigned does not consent to electronic signing or electronic delivery, the undersigned may execute this Agreement in paper form instead.

17. Florida Law; Severability

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

18. Miscellaneous

This Agreement contains the entire understanding of the parties regarding the subject matter hereof; may be signed in counterparts; headings are for convenience only and do not affect interpretation; no waiver is effective unless in writing and signed; and this Agreement survives completion of the Activities.

21. Acknowledgment

By signing below, the undersigned acknowledges that the undersigned has read this Agreement carefully, understands it, and signs it voluntarily with full knowledge that it includes a release of legal claims and an assumption of risk.

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Who Is Participating?
Adult Participant — Section 19
Minor Participant & Parent/Guardian — Sections 1.3 & 20
Media Consent — Section 15
Electronic Signature — Sections 16 & 21

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