Initial Assumption of Risk:
I hereby release the Company, its member entities, owners, employees, officers, directors, volunteers, instructors, guests, agents, and affiliates from all liability for personal injury or property damage through use, in any way, of the facility, its equipment, its firearms, or my own firearm. I agree to indemnify the Company from responsibility for any claims or demands arising out of such use. I agree to accept and assume any and all risks existing at The OA Firearms & Survival Training LLC training facility and its operations at GUN RANGE named below. I acknowledge and understand that shooting activities are hazardous and involve risks both known and unanticipated. I agree to assume all responsibility of these risks, which could result in damage to property and serious physical or emotional injury, including paralysis or death, to others or myself. Possible known and unknown injuries may include but are not limited to: being shot or injured in any manner by myself or others, shooting others, partial or total loss of eyesight or hearing, burns, amputation, inhalation or other harmful contact with lead or contaminants, being struck by flying or falling debris or projectiles, disability, and death. I agree to assume all liability for any act, acts, or omission to act, even any negligent, reckless, or criminal act by any other or myself.
Initial Training Activity Attestation:
The Undersigned hereby expressly assumes the risk of entering the Premises and taking part in activities on the Premises which include but are not limited to the discharge of firearms and the firing of live ammunition; or observing individuals discharging firearms; & the use of the facilities. The Undersigned furthermore hereby acknowledges and agrees that he/she has read, understands, and will at all times abide by all The OA Firearms and Survival Training LLC rules, instructions, procedures, safety rules, and any and all Range Safety Officer instructions, whether communicated in writing, posted on the premises & communicated verbally. This instrument binds the Undersigned and his/her executors, administrators, assignees or heirs, and any minor for whom it is signed.
Criminal Record Attestation:
By signing this waiver I also confirm and attest; that I am not a convicted felon, or under indictment in any court for a crime punishable by imprisonment for a term exceeding one year, I am not a fugitive from justice, I do not use or addicted to any unlawful controlled substances, I have not been adjudicated as a mental defective or have been committed to any mental institution, I am not an illegal alien, have not been discharged from the military under dishonorable conditions, have not renounced my United States citizenship, am not subject to a court order restraining me from harassing, stalking, or threatening an intimate partner or child of the intimate partner, and have never been convicted of a misdemeanor crime of domestic violence. I also further attest to the fact that I am not currently under the influence of any substances that may hinder or impede my actions in handling a firearm safely for the intended purposes of this course. I hereby authorize the use, publication, and reproduction by Defensive Strategies of any photographs taken of me for any editorial use, advertising, promotion, and hereby waive all claims or rights arising out of such use, publication, or reproduction. I also waive any right to inspect or approve the finished materials in which such photographs will be used.
Initial Release and Indemnification:
I agree that myself and my heirs, guardians, representatives, successors, myself, and assigns release and forever discharge and agree not to sue the Company officers, directors, attorneys, agents, employees, contractors, volunteers, and guests. I release and discharge these same parties for any and all claims, demands, damages, expenses, causes of action, attachments of property, or liability of any kind whatsoever that I may have for property damage, personal injury, or death resulting from my entering the premises, using the facilities or equipment, or engaging in or observing shooting and other activities at Effective Firearms Training facility and its operations, even if such claims, demands, damages, expenses, causes of action, attachments of property, or liability result from any acts of the Company, even any negligent act or omission to act including negligent or omitted first-aid or rescue operations or procedures. Further, I agree to indemnify, defend, and hold harmless the Company, for any and all claims, damages, demands, causes of action, expenses, attachments of property, attorneys’ fees, court costs, or liability of any kind that any person or entity may have for property damage, personal injury, or death resulting from my entering the premises, using any facilities or equipment or engaging in or observing shooting and other activities at The OA Firearms & Survival Training LLC Training facility and its operations, to the extent that such claims, damages, demands, causes of action, expenses, attachments of property, attorneys’ fees, court costs, or liability result partially or wholly from any negligent act of participant, or any act that would subject participant to strict liability.
Initial Medical Certification:
I certify that I have no medical or physical conditions that could compromise my safety and the safety of others in any activities at The OA Firearms & Survival Training LLC Training facility. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer, or else I agree to personally bear the costs of such injury or damage.
Initial Other Rules:
I agree to abide by all written, video, and verbal safety rules issued by The OA Firearms & Survival Training LLC Training instructors, staff, or Range Safety Officers, and to supply my own safety equipment.
Initial Definition of Firearm:
For the purposes of this Agreement, a firearm is defined as any pistol/handgun, rifle, shotgun, and/or machine gun or device of any description or design whether single shot, semiautomatic, or fully automatic which discharges a projectile by the use of gunpowder or compressed air.
Initial Venue:
This Waiver and Release and Indemnity Agreement is governed by the laws of the State of New Jersey. The venue shall be the LOCATION listed below.
I have fully and carefully read this Waiver, Release, and Indemnity Agreement and understand its contents. I am aware that this is a release from liability and indemnification agreement and a contract between the Company and myself and that it imposes limitations to my legal rights. I sign it of my own free will. I certify that I will not operate any firearms or equipment with which I am not completely familiar. I also consent to be financially responsible for and reimburse The OA Firearms & Survival Training LLC for any shooting that causes damage.