GO OUTSIDE AND TRAIN

TRAINING WAIVER, RELEASE AND INDEMNITY AGREEMENT

 

All individuals must be over the age of 18 to participate in the Go Outside And Train Programs, or have aparent/guardian present. All individuals training with us must read and complete this form in its entirety.This Waiver, Release and Indemnity Agreement, along with the Participant Rules, attached as Exhibit A,shall constitute the Agreement between the parties. This Agreement is strictly for use by Clemons Enterprises, LLC DBA Go Outside And Train (the “Company”)

In consideration of being allowed to participate in a course for instruction in firearms while engaging in physical conditioning/training (the “Training”), and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged in this Agreement, the Participant agrees to the following: 

Assumption of Risk: Participant releases the Company, its member entities, owners, employees, officers, directors, volunteers, instructors, guests, agents, and affiliates from all liability for personal injury or property damage that in any way may occur from use of equipment or firearms used during the Training, including from the use of Participant’s own firearm.  Participant agrees to indemnify the Company from responsibility for any claims or demands arising out of such Training.  Participant agrees to accept and assume any and all risks existing at the Go Outside And Train Programs.  Participant acknowledges and understands that activities involving the use of firearms may be hazardous and involve risks both known and unanticipated.  Participant agrees to assume all responsibility of these risks, which could result in damage to property and serious physical and/or emotional injury, including death, to Participant or others.  Possible known and unknown injuries may include, but are not limited to being shot or injured in any manner, shooting or injuring other participants, partial or total loss of eyesight or hearing, burns, slips/falls, being struck by debris, disability and death. Participant agrees to assume all liability for any act, acts, or omission to act, even if negligent, reckless, or criminal act by Participant or others.  

Release & Indemnification:  Participant agrees that personally and on behalf of any heirs, guardians, representatives, successors, he/she releases and forever waives and agrees not to pursue any claims or lawsuits against the Company, its officers, directors, volunteers, instructors, agents, employees, and guests that may arise from Participants involvement in the Training.  Further, Participant waives and releases all claims, demands, causes of action, or liability of any type, whether for property damage or personal injury, or death resulting from participation in the Training, or engaging in or observing the Training or shooting activities taking place in a Training, even if the claims arise from acts of the Company, negligence or omission to act, including negligent or omitted first-aid or rescue operations or procedures.  In addition, Participant agrees to indemnify, defend and hold harmless the Company,  its officers, directors, volunteers, instructors, agents, employees, and guests, for any and all claims, damages, demands, causes of action, or liability of any kind that any person or entity may have for property damage, personal injury or death resulting from Participant’s participation in the Training, including observing or engaging in the Training, to the extent that such claims, damages, demands or liability result partially or wholly from Participant’s negligence, or any act that would subject the Participant to liability.  

Venue & Applicable Law:  This Waiver and Release and Indemnity Agreement is governed by the laws of the State of Idaho.  Venue for any claims shall be in Boise, Idaho. 

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 and comfortable with.  I also consent to be financially responsible for and reimburse the Company for any damages caused by my participation in the Training.  

Exhibit A - Participant Rules: Duties & Obligations While Participating in Go Outside & Train Programs

Medical Certification:  Participant certifies not to have a medical or physical condition that could compromise Participant’s safety or the safety of others in any Training activities.   Participant certifies to have adequate insurance to cover any injury or damage that may be suffered, or else agrees to personally bear the costs of such injury or damage. 

Participant’s Duties and Covenants:

Participants will read and agree to abide by the safety rules laid out as follows:

Take all commands from a Range Master
Remain clear of and do not enter the shooting exercise area (ShootEx) until prompted to enter by a Range Master
Keep all firearms unloaded until being prompted to load by a Range Master
Keep all long guns unloaded with the bolt locked to the rear and placed in the designated storage area within the ShootEx when not in use
Keep all sidearms unloaded and holstered while outside of the ShootEx
Treat every firearm as if it were loaded
Keep all firearms pointed in a safe direction, never at another person
Keep the firearm’s safety engaged until ready to fire
Keep the trigger finger straight and off the trigger until ready to fire
Know the intended target, its surroundings, and what lies behind it
Load only the prescribed number of rounds in each magazine for the training event
Ensure that ammunition is of the proper caliber for each firearm being used
Ensure that firearms are clean, in proper working order, and that any repairs or modifications to the firearm are done only by a professional Gunsmith and do not interfere with, alter, or disable the function of any of the firearm’s safety mechanisms
Use only factory new, full metal jacket, non steel-core, non armor-piercing, and non incendiary ammunition that is not corrupted or showing signs of discoloration or deformation
Ensure that proper safety equipment is used, ear and eye protection at all times during the event
Participants will have an Individual First Aid Kit (IFAK) and at least one tourniquet attached to their vest or belt
Abide by all State and Federal laws, and National Firearms Act Rules

Expectations for Participant’s Type and Care of Equipment and Firearms:  Participant will provide its own ear and eye protection and wear them at all times during the Training. Eye protection lenses must be free from scratches or any other damage that would impair the wearer’s vision. Ear protection must be the electronic type that amplifies the sound of voices but deaden the sound of gunfire. It is up to the Participant to provide fresh batteries for their ear protection. 

Plate carrier vests, magazine pouches, gunbelts, and any other type of gear that is worn by the Participant must be securely attached so that it does not excessively impede the wearer’s mobility, the use of their firearm, or become a stumbling hazard. All gear will be clean, in good repair, and free from rips or tears. 

Firearms must be thoroughly clean, in proper functioning order, and any aiming apparatus or optical devices must be sighted in or zeroed prior to participating in the event. 

Photo Release: The Participant agrees and consents to the use by the program owners of all photos and videos taken of Participant during the course of training, this includes but is not limited to the reproduction and publication in any medium of images and/or video taken of the Participant. The program owner shall have all rights and ownership to any imagines, photographs or video taken of the Participant in the course of the training.