This Liability Waiver (this “Agreement” or this “Waiver”) is made by and between the undersigned participant (referred to herein as "I," the “Participant,” the “Student,” or the “Undersigned”) and Ms. Defense, LLC, a California limited liability company (the "Instructor").
By signing this Waiver, I acknowledge my desire to participate in firearms and/or self-defense training offered by Ms. Defense, LLC, Kelly Reeves, its owners, officers, employees, contractors, agents, representatives and any other person acting on behalf thereof (collectively, the “Company”), agree to release and hold harmless the Company on behalf of myself and my agents, representatives, heirs, next of kin, assigns and estate, and acknowledge and agree as follows:
1. Acknowledgement of Risk
The Participant acknowledges that risks exist in the use of firearms and in participation in firearms training. These risks include, but are not limited to, physical or emotional injury, paralysis, death, or damage to personal property or that of third parties.
Specific risks include, but are not limited to:
- Being struck by a discharged round or ejected shell casing.
- Injury to or loss of hearing or sight.
- Inhalation of airborne contaminants or exposure to flying debris.
- Bruises, lacerations, burns, or other injuries resulting in bleeding, discomfort, and/or pain.
The Participant understands that instructors seek to maximize safety and risks or injuries may also arise from:
- The Participant’s physical condition, fitness, or abilities,
- The condition of a participant’s equipment, including but not limited to the participant's or instructor's firearm(s), ammunition, ear and eye protection, holsters' magazines, easy or speed loaders, clothing, et al.
- Warnings, instructions, or oversight.
The Participant voluntarily accepts these risks, acknowledging they can be reduced but not eliminated.
2. Release, Indemnification, and Hold Harmless
The Participant agrees to indemnify, defend, and hold harmless Ms. Defense, LLC, its instructors, staff, directors, agents, and affiliates (“Released Parties”) from and against any and all claims, liabilities, lawsuits, damages, losses, or expenses (including attorney’s fees and court costs) arising out of or related to:
- The discharge or use of firearms.
- The course of instruction.
- The use of the premises, facilities, or equipment.
- The acts or omissions of the Participant, instructors, or others.
This release applies regardless of whether claims arise under federal, state, or local law, or any legal or equitable theory.
3. Use of Firearms and Equipment
The Participant acknowledges that they may provide and use their own firearms, ammunition, and equipment in training. The Participant represents and warrants that such equipment shall, throughout its use, be legally possessed, in good working order, properly maintained, and safely operated.
The Participant acknowledges that the Instructor may inspect any equipment at any time and has sole discretion to prohibit its use if deemed unsafe.
If permitted to use firearms owned by the Instructor or Ms. Defense, LLC (“Instructor’s Firearms”):
- Such use is a privilege, not a right, and may be revoked at the Instructor’s sole discretion.
- The Participant shall use Instructor’s Firearms only under direct supervision and in accordance with all safety rules, range protocols, and Instructor instructions.
- The Participant assumes full responsibility for any damages, injuries, or losses arising from their use of Instructor’s Firearms, whether due to negligence, misuse, malfunction, or otherwise.
- The Participant is financially responsible for any damage to Instructor’s Firearms or equipment caused by negligent, reckless, or intentional conduct.
- The Participant expressly releases and holds harmless the Released Parties from liability related to their use of personal firearms, ammunition, or Instructor’s Firearms.
4. Personal Responsibility and Instructor Authority
The Participant agrees to be personally responsible for their own safety and to follow all instructions provided by instructors immediately and without delay.
The Participant agrees that:
- If they deem any instruction unsafe, they will promptly notify the Instructor while maintaining safe practices.
- They will not engage in any activity they believe unsafe.
- Instructors have sole discretion to discontinue a Participant’s involvement for unsafe conduct or noncompliance. In such cases, no refund of training fees is required.
- The Participant further agrees that if they are not physically or mentally capable of continuing, they will notify instructors immediately and may be excused from participation.
5. Training Area Safety and Conduct
Firearms must remain unloaded, cased, or with the action open (including concealed weapons) when arriving, departing, or outside of active training.
The Participant shall immediately report any unsafe conditions, behavior, or injuries (to themselves or others) to the Instructor.
The Participant agrees not to improvise or perform activities outside the instruction provided.
The Instructor is not required to modify training solely for the benefit of any one Participant.
6. Participant Certification
The Participant certifies that they are not:
- A fugitive from justice
- Under indictment or convicted of a felony or domestic violence offense
- Dependent on drugs or alcohol
- Adjudicated as mentally incompetent
The participant agrees that they:
- Are at least 18 years of age (unless accompanied by a parent of legal guardian with a signed Parental Consent Form)
The Participant acknowledges and agrees that they shall not be under the influence of alcohol, illegal drugs, prescription medications, or any other substance that may impair judgment, coordination, or the safe handling of firearms while participating in firearms training or related activities.
Any Participant suspected of being under the influence will be immediately removed from training at the sole discretion of the Instructor, without refund, and may be barred from future participation.
The Participant assumes full responsibility for disclosing any medications or conditions that could impair their ability to safely participate.
The Participant affirms compliance with all federal, state, and local laws regarding firearm ownership, possession, and use.
7. Assumption of Risk for Self-Defense / Martial Arts Instruction
For non-firearm training, including martial arts or self-defense instruction, the Participant recognizes that:
Training involves physical contact and carries risks of serious injury, permanent disability, or death.
Risks may arise from their own actions, the actions or negligence of others, or unsafe premises or equipment.
The Participant voluntarily assumes all such risks, agrees to follow all safety rules, and certifies they are physically capable of participation.
The Participant agrees to participate in good character and may be removed for unsafe behavior.
8. Governing Law and Severability
This Waiver shall be governed by and construed under the laws of the State of California. If any provision is held invalid, the remainder shall remain in full force and effect.
Ammunition Clause & Range Protocols Addendum
The Participant is solely responsible for providing legally acquired, factory-manufactured ammunition, unless otherwise arranged.
Reloaded, hand-loaded, or steel-core ammunition may not be permitted and may be subject to inspection or prohibition at the Instructor’s discretion.
Ammunition must remain in containers until instructed for use on the firing line.
Misfires, squibs, or malfunctions must be reported immediately to the Instructor. Do not attempt to clear dangerous malfunctions without direct supervision.
Firearms must remain unloaded and cased (or with action open) when arriving, departing, or outside of live-fire instruction.
The Participant must immediately notify an Instructor of any unsafe conditions, injuries, or observed violations.
Cease-fire commands must be obeyed instantly and without hesitation.
Range Rules & Safety Addendum
The Participant agrees to abide by the following rules and acknowledges that failure to comply may result in immediate removal from training without refund.
General Range Safety Rules:
1. Always treat every firearm as if it is loaded.
2. Keep the muzzle pointed in a safe direction at all times.
3. Keep your finger off the trigger until instructed to fire.
5. Know your target and what's beyond it.
5. Follow all commands and instructions from instructors.
6. Wearing eye and ear protection is required at all times on the range.
7. Horseplay, disruptive behavior, or failure to comply with safety standards will not be tolerated.
I, The Undersigned hereby acknowledges and agrees that I have read, understand, and agree that this agreement is executed freely and voluntarily. The Undersigned does not have a criminal record and will not use the course of
instruction for unlawful purposes or criminal activities.
This agreement binds the Undersigned and their executors, administrators, assignees, or heirs.