Acknowledgment of Awareness of the Property Owner(s) Risks and Self-Acceptance of Risks/Responsibilities

[Note: The term "Property Owner(s)" specifically includes:

 

and / or his / hers / its / their employees, representatives, hosts, guest instructors, associates, assistances, governmental agencies and /or training facility.

Document Intent: The intent of this document is to provide the Property Owner(s) with full and complete protection from all loss exposures, liability avoidance and shielding, and/or complete risk transfer.

This statement is a bargained part of, and a contingency to, the use of the property that I, (print name)am about to utilize. In exchange for consideration given, I

 

am about to utilize. In exchange for consideration given, I hereby voluntarily and at my own behest, request to use the property belonging to the Property Owner(s). I fully realize that using the property will involve active physical exercises and interpersonal contacts, that this is an inherently hazardous activity, and that there is risk of personal injury to me and/or others associated with this instructional program. I realize that such potential dangers include, but are not limited to, extreme physical/mental exertion, stress, contusions, dislocations, broken/fractured bones, lacerations, paralysis, death, etc.
 
I realize that the training to which I am about to be exposed may include but is specifically not limited to physical and or psychological stress, such as lifting heavy weights, stretching, exhaustion and other physical activities. I understand that while the Property Owner(s) may make efforts to avoid extreme risks, the Property Owner(s) cannot protect me from all dangers/risks/loss exposures, and I fully understand that no matter what safety procedures may be in place significant risk of injury or death is always present and cannot be eliminated. I am entirely aware and completely understand that my personal safety cannot be, and has not been, guaranteed, promised, and/or insured in any way by the Property Owner(s).
 
I understand that the Property Owner(s) is not responsible for the safety, legal and/or other appropriateness of the training facility, the safety and/or proper condition of any equipment or other physical property or items of equipment. I understand that the Property Owner(s) are not responsible for any aspect of my actions or risk exposures before, during, and / or after I am finished with this instruction.
 
I agree to abide by all training rules carefully and meticulously and / or regulations without exception. I also agree to pay close attention to, and immediately abide by, all legitimate instructions, commands, and/or directives. If I am confused about any direction, rule, and/or command I will immediately ask for clarification and I will take no action until my question(s) has been completely answered and I have thus insured my own safety.
 
 
I understand that if, in the Property Owner(s) subjective/objective opinion, my personal conduct and / or behavior during the course is not compatible with my continued safety or that of others, I may be required to assume a nonparticipator status or may be excused and be asked to terminate my participation altogether. I realize that this is often subjective judgment on the Property Owner(s) part, but there is no appeal process, and I agree to promptly abide, under those circumstances, by the Property Owner(s) decisions.
 

If I have any injury, impairment, or any other physical or mental condition or circumstance:
 
1.     That could be or is being aggravated or adversely affected by the physical or mental activity or physical contact that may be included as part of this training program I will bring it to the Property Owner(s) attention in a timely manner so that appropriate action may be taken.
 
2.     Which could make, or is making, my participation in this training program unduly hazardous to myself or others, and I will immediately bring it to the Property Owner(s) attention and will forthwith unilaterally suspend my participation in the program until /unless the situation can be corrected to my satisfaction.
 
I realize that others may not always abide by the Property Owner(s) directives, rules and/or commands and I thus agree to immediately bring to the Property Owner(s) attention any unsafe condition as soon as I am aware of it.
 
Ultimately, I understand that the responsibility to protect myself is mine alone and that it depends directly upon my own continuing assessment of personal risk I therefore understand that I am, at all times, free to take whatever protective measures are legal, appropriate, and reasonably necessary, including unilaterally and precipitously terminating my own participation in this program I also understand that I am free to decline to participate in any particular exercise or portion of the program and will not be hindered in the exercise of my desires.
 
The Property Owner(s) Specific Considerations –
 
I acknowledge that I voluntarily have chosen to enter the Property Owner(s) property. I am aware that activities performed by others and I, include using firearms on the Property Owner(s) property.
 
I AM AWARE THAT THESE ACTIVITIES ARE HAZARDOUS ACTIVITIES AND THAT I COULD BE SERIOUSLY INJURED OR EVEN KILLED. I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN. BY SIGNING THIS DOCUMENT, I AM WAIVING ANY AND ALL LIABILITY ACTIONS WHICH I MIGHT PURSUE AGAINST THE PROPERTY OWNER FOR ANY AND ALL BODILY INJURY OR INJURIES, DEATH OR DEATHS, OR PROPERTY DAMAGE, INCLUDING ANY AND ALL LIABILITY ACTIONS ARISING OUT OF NEGLIGENCE ON THE PART OF THE PROPERTY OWNER(S), ITS AGENTS, OFFICERS, AND / OR MEMBERS.

As consideration for being permitted by the Property Owner(s) and to participate in the activities, I forever release the Property Owner(s) and their respective directors, officers, employees, volunteers, agents, contractors, and representatives (collectively “Releasees”) from any and all actions, claims, or demands that I, my assignees, heirs, distributes, guardians, next of kin, spouse and legal representatives now have, or may have in the future, for injury, death, or property damage, related to (i) my participation in these activities, (ii) the negligence or other acts, whether
directly connected to these activities or not, and however caused, by any Releasee, or (iii) the condition of the premises where these activities occur, whether I am then participating in the activities. I also agree that I, my assignees, heirs, distributes, guardians, next of kin, spouse and legal representatives will not make a claim against, sue, or attach the property of any Releasee in connection with any of the matters covered by the foregoing release.
 
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND THE PROPERTY OWNER, AND I ACCEPT IT OF MY OWN FREE WILL.
 
I also understand this release and waiver shall remain in effect while I am on the property OR GUEST of the Property Owner(s).
 
Venue: I recognize that, should a disagreement, litigation, or claim of any kind arise from this activity, the only proper venue is the county in which the property is in Tennessee. Therefore, this agreement shall be deemed to have been made in Tennessee regardless of the order in which signatures shall be affixed hereto and shall be interpreted and the rights and liabilities of the parties hereto shall be determined in accordance with the laws of the State of Tennessee. The
place of this agreement, its status and forum, is always Tennessee. In said State of Tennessee all matters, whether sounding in contract or in tort, relating to the validity, construction, interpretation, and enforcement of this agreement, shall be determined.
 
Employment/Discrimination Claim Waiver I hereby acknowledge that aspects of this training program may be contrary to all potentially applicable employment, discrimination, and/or other laws/regulations, including but not limited, to Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972 and/or applicable laws of the State of Tennessee. For example, role-players may use offensive and derogatory language as part of their role, since they
depicting various elements of society. Consequently, I hereby waive any claim of right and/or recovery under any applicable category of law.
 
Health/Accident/Disability/Workers’ Compensation Insurance/Coverage I hereby acknowledge that I have present applicable coverage for health. accident, disability, workers; compensation, pension and / or other loss insurance that will provide for me in the event of any loss relating to this program.

Anti-Subrogation Clause I hereby acknowledge that I will not allow any person and/or entity to initiate, prosecute, or otherwise continue any action at law or otherwise against Property Owner(s) in any way involving, and/or resulting from, my participation in this program.

Indemnity Clause Should my participation in the program result, directly or indirectly, in any monetary or other loss to Property Owner(s) I shall fully and completely indemnify Property Owner(s) for such loss immediately upon written request.
 
Duty to Defend I agree to provide any necessary defense, legal or otherwise, to Property Owner(s) resulting in any way from my participation in the program.
 
Severability Clause Should any part of this agreement be voided for any reason by any legal entity the balance of the document will remain in full force and effect.
 
Thus, having fully and carefully considered all the risks, my rights and responsibilities, and the risk/benefit balance associated with this type of training, I personally and knowingly accept and assume ALL risks and have, notwithstanding, decided to go forward with this training program. I fully understand that by placing my signature on the document, I acknowledge that I have read it completely, understand it completely and agree to abide by it completely.
 
Execution and Enforceability of Waiver and Hold Harmless Agreement - It is my intention that this Agreement shall bind my family and spouse if I am alive, and my family, estate, heirs, administrators, personal representatives, or assigns if I am deceased. I hereby agree to indemnify, defend, and hold harmless the Property Owner(s), officers, employees, and agents from any claim by me or my family, estate, heirs, administrators, personal representatives, and assigns arising out of my participation in the Program.
 
I acknowledge and represent that I have read and am fully informed of the contents of this Agreement, and I have signed this Agreement of my own free will.
 
I have executed this release in exchange for the privilege of participating in the Program, and I fully intend to be bound by this Agreement.

*If the participant is under the age of 18, parent's approval and signature is required. In addition, the parent's signature must be notarized. (complete section below)