IMPORTANT LEGAL DOCUMENT - BY SIGNING YOU AGREE TO ASSUME ALL RISK OF INJURY, DEATH AND PROPERTY DAMAGE AND AGREE TO WAIVE LEGAL RIGHTS. Please read carefully.
For purposes of this Release & Waiver of Liability & Covenant Not to Sue ("RELEASE"), 88 Tactical ("RELEASEDPARTIES") means 88 Tactical Omaha, LLC; 88 Tactical Franchise Group, LLC; 88 Tactical Building Group, LLC; 88 Tactical Group, Inc.; Degan Holdings, LLC; and each of their respective officers, directors, owners, shareholders, affiliated companies, employees, agents, independent contractors or assigns of the above listed entities and/or individuals, and the authors of any materials expressly used for training and certification. Guest ("GUEST") means you, your heirs, dependents, successors, assigns, guardians, or representatives. Facility ("FACILITY") means any indoor or outdoor facility or premises owned, leased, lawfully occupied or operated (permanently or temporarily) by RELEASED PARTIES. Training ("TRAINING") means any training activity conducted on any FACILITY, including but not limited to, firearms, combat, weapons, personal defense, survival, combat, situational and stress simulations, non-lethal ammunition simulation training, live fire exercises, site tours online or distance learning.
In consideration and exchange for access to and use of the FACILITY and/or participation in TRAINING offered by RELEASED PARTIES, affirm that I have been advised and thoroughly informed of the inherent hazards of TRAINING activities, and hereby voluntarily agree to the following:
I understand that the TRAINING may be conducted at a FACILITY that is remote, either by time, distance or both, from the nearest medical facility. I still choose to proceed with such instructional training in spite of the possible absence of medical treatment in proximity to the FACILITY.
Further, I agree to save, defend, indemnify, and hold harmless RELEASED PARTIES from any claim, legal or administrative action or proceedings or loss of any nature by GUEST, arising directly or indirectly out of my enrollment and participation in this TRAINING including both claims arising during the TRAINING or after TRAINING including but not limited to claims, legal or administrative actions or proceedings and losses of any nature may be groundless, false or fraudulent.
I understand that TRAINING activities are inherently dangerous and involve significant risks, both known and unknown, and that I will be exerting myself during this TRAINING, which could result in serious physical injury, emotional distress, death and/or damage or destruction of property. The risks include, but are not limited to fatal and non-fatal: gunshot wounds; falling; head injuries; lacerations and puncture wounds; injuries to joints or limbs; neck and back injuries; paralysis; partial or total loss of eyesight or hearing; inhalation or other harmful contact with lead or other contaminants; being struck by flying or falling objects or fragments. I understand that such risks cannot be eliminated without compromising the essential qualities of TRAINING activities. In consideration of being allowed to enroll in this course, I understand and expressly assume all of the risks associated with TRAINING and/or use of the FACILITY, for any harm, injury, or damage that may befall me while I am enrolled as a student of this course, including all risks connected therewith, whether foreseen or unforeseen, including risk of injury or death, and GUEST will not hold the RELEASED PARTIES responsible for the same, and I agree to defend, indemnify, and hold harmless said TRAINING and RELEASED PARTIES for such injuries incurred by me.
I understand that I am solely responsible for determining whether I am physically capable and suited for TRAINING before engaging in any TRAINING activity. I warrant that I do not suffer from any physical impairment or medical condition and am not under the influence of any medication or legal or illegal substance which would impair my ability to safely participate in TRAINING or use the FACILITY. I understand and acknowledge that RELEASED PARTIES does not, in any manner make any representation, warranty or guaranty the safety of any GUEST participating in TRAINING or using or entering onto the FACILITY. RELEASED PARTIES does not in any manner make any representation or warrant the condition or safety of any FACILITY and does not make any representation or warrant the condition or safety of any equipment installed or used at any FACILITY. Each FACILITY and all equipment is provided in an "as is" condition. I am solely responsible for identifying and avoiding any dangerous conditions. Outdoor TRAINING involves risks due to exposure to the elements, terrain, vegetation, flora, fauna, animals, insects and weather.
I understand that I may be required to furnish my own equipment and that I am responsible for its operating condition, suitability, safety and maintenance.
I further state that I am of lawful age and legally competent to sign this liability release, or that I have acquired the written consent of my parent or guardian. I acknowledge that I am representing and warrantying that I understand the nature and extent of this document and that I have had the opportunity to consult with any and all professionals I may desire prior to my execution of the same.
I understand that the terms herein are contractual and not a mere recital, and that I have signed this document of my own free act. Further that I understand and agree that, in the event that one or more of the provisions of this agreement, for any reason, is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this agreement shall be construed as if such invalid, illegal or unenforceable provision or provisions had never been contained herein.
I RELEASE AND WAIVE ANY AND ALL CLAIMS, CAUSES OF ACTION AND LEGAL RIGHT TO SEEK COMPENSATION FROM RELEASED PARTIES FROM ANY AND ALL LIABILITY OR RESPONSIBILITY OF WHATSOEVER NATURE FOR PERSONAL INJURY (PHYSICAL, MENTAL AND EMOTIONAL), PROPERTY DAMAGE OR WRONGFUL DEATH HOWEVER CAUSED, OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. I FURTHER PROMISE AND AGREE NOT TO INITIATE ANY LAWSUIT, ADMINISTRATIVE ACTION OR CLAIM OF ANY NATURE AGAINST RELEASED PARTIES SEEKING COMPENSATION FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE ARISING OUT OF PARTICIPATION IN TRAINING OR USE OF THE FACILITY. I AGREE TO INDEMNIFY RELEASED PARTIES FOR ANY AND ALL COSTS INCURRED IF A LAWSUIT, ADMINISTRATIVE ACTION OR CLAIM IS FILED BY OR ON BEHALF OF GUEST IN VIOLATION OF THIS RELEASE, AND AGREE TO REIMBURSE RELEASED PARTIES FOR ANY AND ALL LOSSES, ATTORNEY FEES AND COSTS INCURRED BY ANY AND ALL RELEASED PARTIES.
I authorize RELEASED PARTIES to take photographs and video and audio recordings of GUEST participating in TRAINING and/or using the FACILITY and grant RELEASED PARTIES permission to use any image or recording of GUEST for any commercial purposes relating to RELEASED PARTIES, TRAINING or FACILITY. GUEST forever releases RELEASED PARTIES from any claims relating to the use of GUEST'S image or likeness.
All sales are final no refund.