Training Waiver
RELEASE OF LIABILITY
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
Part I. General Liability
In exchange for participation in the activity of training organized by Crotalus Defensive Services, of 7526 Mennonite Church Rd, Westover, Maryland, 21871 and/or use of the property, facilities and services of Crotalus Defensive Services, I, agree for myself and (if applicable) for the members of my family, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS.
I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Crotalus Defensive Services, or the employees, representatives or agents of Crotalus Defensive Services.
2. ASSUMPTION OF THE RISKS AND RELEASE.
I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Crotalus Defensive Services for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Crotalus Defensive Services, whether caused by the fault of myself, my family, Crotalus Defensive Services or other third parties.
3. INDEMNIFICATION.
I agree to indemnify and defend Crotalus Defensive Services against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Crotalus Defensive Services.
4. FEES.
I agree to pay for all damages to the facilities of Crotalus Defensive Services caused by any negligent, reckless, or willful actions by me or my family.
5. APPLICABLE LAW.
Any legal or equitable claim that may arise from participation in the above shall be resolved under Maryland law.
6. NO DURESS.
I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Crotalus Defensive Services has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
7. ARM'S LENGTH AGREEMENT.
This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
8. ENFORCEABILITY.
The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
9. REGISTRATION.
I affirm that all the information provided during registration and class regarding my identity and credentials is accurate and truthful.
Part II. Firearm Training
1. FIREARM SAFETY. I understand the four rules of firearm safety.
- Always keep the firearm pointed in a safe direction/ Never point the firearm at anything you are not willing to destroy.
- Always keep your finger off the trigger until ready to fire.
- Always treat every gun as if it were loaded until it has been conclusively proven otherwise.
- Always be aware of the target, what is beyond AND what is around the target.
I realize any deviation from these four rules may result in my range session being suspended and depending on the severity of the circumstance that I may be barred from future training with Crotalus Defensive Services.
2. GENERAL SAFETY AND RISKS.
I fully understand that I and other students in the class will have access to and must handle firearms and ammunition as an essential part of the curriculum of the Firearms Class. I further acknowledge that handling firearms and using firearms, including short barreled rifles, can INVOLVE RISK AND DANGERS of serious bodily harm, serious bodily injury, including DEATH. I fully understand these risks and dangers may be caused by my own actions, or my own inactions, omissions, the actions or inactions of other participants in the class, the conditions in which the handling of firearms takes place (including but not limited to the firing range and its equipment and other firearms facilities or equipment), and/or the negligence of the released named above. I hereby FULLY ACCEPT AND ASSUME ALL SUCH RESPONSIBILITY FOR THE RISKS DESCRIBED ABOVE while a participant in the Firearms Class.
3. EQUIPMENT INSPECTION.
I Agree and Warrant that I will examine and inspect each activity or piece of equipment involved in the Firearms Class (including but not limited to standard firearms, short barreled rifles, ammunition, holsters, firing range, firing range equipment, hearing protection, eye protection, or any other equipment used in or for the Firearms Class). I hereby FULLY ACCEPT AND ASSUME ALL RESPONSIBILITY FOR THE RISKS of using any facility or equipment used in or for the Firearms Class, regardless of the origin or ownership of the equipment. If I observe any activity or equipment, I consider to be hazardous or potential harmful to myself or others, I will notify the instructor of the Firearms Class immediately and I will refuse to take part in any activities I consider unsafe until the condition has been corrected to my satisfaction.
4. USE OF DEADLY FORCE AND USE OF PHYSICAL FORCE.
I understand the curriculum of the Firearms Class includes sections that cover several topics regarding firearms. However, I fully understand that I am solely responsible for if, when, where and how I shall own, posses, carry, or use a firearm and/or weapons. Further, I fully understand that I am solely responsible for and charged with knowing the current laws regarding firearms and those governing concealed carry. Further, I fully understand that after the Firearms Class is concluded that if I make the decision to own, posses, and/or carry a firearm, including a concealed handgun, I am solely responsible for complying with all laws, statutes and regulations. Further, if I ever decide to use or not to use my firearm as a weapon for any purpose this decision is solely my responsibility and based upon the circumstances that exist at the time and my own personal judgment. Further, any opinions that may be expressed in the Firearms Class concerning use of force, use of deadly force, use of firearms doctrines, use of personal defense doctrines, use of ammunition, use of a particular technique, product, or manufacture of personal defense product or otherwise, or personal defense doctrine, is strictly the opinion of that instructor, and, I shall make my own independent decisions regarding the validity of those opinions.
5. ASSUMED RISKS OF TRAINING.
I HEREBY VOLUNTARILY AFFIRM AND AGREE that I FULLY WAIVE, RELEASE, INDEMNIFY, HOLD HARMLESS and DISCHARGE, Crotalus Defensive Services LLC and any other person or entity engaging in Firearms Class instruction or training activities, and their or its owners, employees, managers, officers, agents, assigns, and their contracted entities involved in the Firearms Class, from any and all liability, claims, demands, actions, rights of action, causes of action, or legal proceeding whatsoever, whether personal to me or to a third person should I become injured from whatsoever cause (whether physically, financially, or emotionally) or cause injury to others while I am involved in activities during the Firearms Class, or coming or going to any activity during the Firearms Class. I further FULLY WAIVE, RELEASE, INDEMNIFY, HOLD HARMLESS and DISCHARGE Crotalus Defensive Services LLC and any other person or entity engaging in Firearms Class instruction or trained activities, and their, or, its owners, employees, managers, officers, agents, assigns, and their contracted entities involved in the Firearms Class, from any and all liability, claims, demands, actions, rights of action, causes of action, or legal proceeding whatsoever, whether personal to me or to a third person based upon any injury that may be claimed, by me or any other person, to have arisen out of the undersigned participation in the Firearms Class or anything that the undersigned may have been taught, learned, not taught, or did not learn, in the Firearms Class.
6. SPONTANEOUS INFORMATION.
I further understand and agree that as part of my instruction, preparation, or participation in the Firearms Class, I may receive instruction and training at property outside of the class room, including firing ranges. As additional essential consideration to my being allowed to participate in the Firearms Class, I FULLY WAIVE, RELEASE, INDEMNIFY, HOLD HARMLESS, and DISCHARGE Crotalus Defensive Services LLC and any other person or entity engaging in Firearms Class instruction or trained activities, and their, or, its owners, employees, managers, officers, agents, assigns, and their contracted entities involved in the Firearms Class, from any and all liability, claims, demands, actions, rights of action, causes of action, or legal proceeding whatsoever, whether personal to me or to a third party based upon any injury that may be claimed, by me or any other person, to have arisen out of the undersigned participation in the Firearms Class or anything that the undersigned may have been taught, learned, or not taught, or did not learn, in the Firearms Class. Further I fully understand that I may be receiving part of my instruction and training in the class on property that is used as a firing range and tactical shooting facility, and that as such, there are risks to being in such an environment. I FULLY ACCEPT AND ASSUME ALL SUCH RISK AND RESPONSIBILITY for any risk arising out of being on property used for agriculture and or ranching. I FULLY WAIVE, RELEASE, INDEMNIFY, HOLD HARMLESS and DISCHARGE Crotalus Defensive Services LLC and any other person or entity engaging in Firearms Class instruction or trained activities, and their, or, its owners, employees, managers, officers, agents, assigns, and their contracted entities involved in the Firearms Class, from any and all liability, claims, demands, actions, rights of action, causes of action, or legal proceeding whatsoever, whether personal to me or to a third person should I become injured from whatsoever cause (whether physically, financially, or emotionally) or cause injury to others while I am involved in activities during the Firearms Class, or coming or going to any activity during the Firearms Class.
7. EQUIPMENT USE AND RENTAL.
Further, I ACCEPT AND ASSUME ALL RISK AND RESPONSIBILITY from the use of any borrowed, rented, or loaned firearm(s) I may use during the firearms class. It is my duty to inspect any such firearm(s) for proper functioning prior to my use of any such firearm(s). I FULLY WAIVE, RELEASE, INDEMNIFY, HOLD HARMLESS and DISCHARGE Crotalus Defensive Services LLC, and any other person or entity engaging in Firearms Class instruction or trained activities, and their, or, its owners, employees, managers, officers, agents, assigns, and their contracted entities involved in the Firearms Class, from any and all liability, claims, demands, actions, rights of action, cause of action, or legal proceeding whatsoever, whether personal to me or to a third person should I become injured from whatsoever cause (whether physically, financially, or emotionally) or cause injury to others while using a borrowed, rented, or loaned firearm(s) while I am involved in activities during the Firearms Class, or coming or going to any activity during the Firearms Class.
8. ADDITIONAL COSTS.
I realize that I am responsible for all ammunition costs as well as any range costs. Further I am responsible for any damage I cause to property and materials belonging to Crotalus Defensive Services and/or its instructors. Payment for these costs will be arranged before class and I will pay for them immediately following training via cash, check, credit card or PayPal.
Part III. Medical/First Aid Training
1. GENERAL WAIVER.
I understand that participation in the event is potentially hazardous. I agree that I am in good health and am cleared to participate in the event training. I release, waive and discharge Crotalus Defensive Services from any and all liability rising from any physical injury or trauma I may receive during training. I further agree and state that should I receive any physical or mental injury or trauma during the event that I will not sue Crotalus Defensive Services or its instructors.
2. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES.
I agree that Crotalus Defensive Services and its Instructors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from training or products I may receive from them. I agree that any skills I learn during training with Crotalus Defensive Services will be used at MY discretion and that Crotalus Defensive Services shall not be held liable or responsible for any repercussions (Civil or Criminal) that may ensue.
3. INDEMNIFICATION.
I agree to indemnify and hold Crotalus Defensive Services and its instructors harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising from or relating to your use of CPR Training Professionals services.
Part IV. Certifications and Certificates.
1. CERTIFICATES OF COMPLETION.
I realize that to receive any certificate from taking a class with Crotalus Defensive Services that I must,
- Physically complete the class
- Meet and fulfill all course requirements
- Satisfactory complete and pass any and all practical exams
2. CERTIFICATIONS
I realize that to receive any certification I must not only pass all required tests, practical’s and learning objectives but I must also demonstrate to my instructors that I have retained and mastered the required content. I also realize that if I do not adequately display my knowledge, skills, ability, and relevant maturity to my instructors they can and will decline to issue a certification and I will not be issued a refund.
Part V. Minors
1. ENROLLMENT OF A MINOR FOR TRAINING.
If I enroll a minor under my care I agree to each of the following;
- They possess a level of maturity commensurate with the type of training I am seeking for them.
- If it is determined that they lack this maturity they will be dismissed without refund.
- Crotalus Defensive Services teaches technique. It is the parent (or guardians) responsibility to teach the minor morals, ethics as well as ramifications that go with using any technique they learn from Crotalus Defensive Services and/or any of its instructors.
- I agree my minor is mentally competent to receive the training I am enrolling them in.
- I will not at any point leave my minor with Crotalus Defensive Services or it’s instructors. If I need to step out I will take my minor with me and keep them with me until I return.
- I wholly authorize and encourage Crotalus Defensive Services to train my minor in all the subject matter for the course(s) I have enrolled them in and to treat them as an adult.
- I agree any liability or legal proceedings that occur due in any part to the training I have sought for my minor will be on me and absolve Crotalus Defensive Services of any legal risk or liability.
Part VI. Attendance, Registration and Refunds
1. REGISTRATION AND ATTENDANCE.
Registration fees are not refundable. I agree that I will not request a refund for registration fees for any reason. I acknowledge that I may request a reschedule (ONCE) for the event I have paid for, but I may have to wait until this class is offered again. Further if I do not show for training or give less then 48hrs notice of my inability to attend training that I will be billed for the training, I will not receive a refund and I might not be allowed to reschedule. Finally, I agree that if I am more than 15 minutes late for training, I may be marked absent and in which case I will not be allowed to attend, I will not receive a refund and I might not be given an opportunity to reschedule.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY AGREEING TO THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
