Waiver and Media Release
RELEASE, WAIVER, INDEMNIFICATION, HOLD HARMLESS, AND ASSUMPTION OF RISK AGREEMENT
WHEREAS, in consideration of being permitted to attend a course for instruction in firearms and/or personal defense, for the use of premises, and for other good and valuable consideration, the undersigned (“Undersigned”) agrees to the following:
1. INDEMNIFICATION AND HOLD HARMLESS: Undersigned agrees to indemnify, defend, and hold harmless Gamma Gamma Tactical, LLC, and its owners, officers, employees, independent contractors, and instructors (including, but not limited to, Garry Grattic) (collectively, “Instructor”) from any and all claims, demands, liabilities, damages, losses, costs, or expenses (including attorneys’ fees) arising out of or related to: (a) Undersigned’s actions or omissions; (b) Undersigned’s presence on or use of the range, building, land, or premises (“Premises”); or (c) any injury, damage, or loss caused by Undersigned to any person or property.
2. WAIVER AND RELEASE OF CLAIMS: Undersigned, for himself/herself and for his/her executors, personal representatives, administrators, assignees, heirs, and any next of kin, hereby waives and releases any and all rights and claims for damages, losses, demands, and any other actions or claims whatsoever, which he/she may have or which may arise against Instructor (including but not limited to the death of Undersigned and/or any and all injuries, damages, or illnesses suffered by Undersigned or Undersigned’s property), which may in any way arise out of, be related to, or be connected with: the course of instruction; the Premises (including any latent defect in the Premises); Undersigned’s presence on or use of said Premises; Undersigned’s property (whether or not entrusted to Instructor); and the discharge of firearms or use of training equipment.
THIS RELEASE EXPRESSLY INCLUDES ANY CLAIMS ARISING FROM THE NEGLIGENCE OF GAMMA GAMMA TACTICAL, LLC, ITS OWNERS, INSTRUCTORS, EMPLOYEES, OR AGENTS. UNDERSIGNED UNDERSTANDS THAT BY AGREEING TO THIS DOCUMENT, HE/SHE IS RELEASING GAMMA GAMMA TACTICAL FROM LIABILITY FOR ITS OWN NEGLIGENCE TO THE FULLEST EXTENT PERMITTED BY LAW.
Instructor shall not be liable for any such claims or liabilities, and the Undersigned, on behalf of himself/herself and his/her executors, personal representatives, administrators, assignees, heirs, and next of kin, hereby fully and forever releases and discharges the Instructor from any and all claims and liabilities described above.
3. ASSUMPTION OF RISK: Undersigned acknowledges and expressly assumes all risks associated with participating in any firearms or personal defense instruction on the Premises. These risks include, but are not limited to: handling, loading, and discharging firearms; exposure to live ammunition and recoil; potential equipment malfunction; unpredictable environmental conditions; and the actions or negligence of other participants.
4. SAFETY RULES AND PROCEDURES: Undersigned acknowledges and agrees that he/she has read, understands, and will at all times comply with all range rules, safety protocols, and any additional instructions provided by the Instructor. Undersigned understands that failure to follow any rule or instruction may result in immediate removal from the course without refund.
5. MEDIA RELEASE: Undersigned hereby consents to the capture and use of photographs, audio recordings, digital recordings, video, film, or other content derived from any media capture technique taken of Undersigned, and/or recordings made of Undersigned’s voice, and/or written or verbal statements made by Undersigned during any course or event conducted by Gamma Gamma Tactical, LLC.
Undersigned understands and agrees that such content may be used, in whole or in part, for any lawful purpose in any manner or format now in existence or later developed, including but not limited to training materials, marketing, advertising, social media, and promotional content, without further compensation.
Undersigned understands and agrees that all such content is the sole property of Gamma Gamma Tactical, LLC, and Undersigned hereby waives any right to inspect or approve the final use, and any right to royalties or other compensation arising from or related to the use of such media.
Undersigned agrees to indemnify and hold harmless Gamma Gamma Tactical, LLC, its employees, instructors, representatives, and affiliates from any and all claims that may arise as a result of the collection, use, or distribution of this media content.
6. SEVERABILITY; GOVERNING LAW: Undersigned expressly agrees that this agreement is intended to be as broad and inclusive as permitted under applicable law. If any provision of this agreement is found to be invalid or unenforceable, that provision shall be severed, and the remaining provisions shall continue in full force and effect. This agreement shall be governed by and interpreted in accordance with the laws of the State of Texas.
7. ACKNOWLEDGMENT: Undersigned acknowledges that he/she has been advised to consult with independent legal counsel prior to agreeing to this waiver and release. Undersigned further acknowledges that he/she has read this agreement, understands its terms, and is agreeing to it voluntarily. Undersigned also acknowledges that he/she is participating in the course voluntarily and of his/her own free will.
THIS AGREEMENT IS INTENDED TO BE AS BROAD AND INCLUSIVE AS TEXAS LAW PERMITS.
BY SIGNING BELOW, I KNOWINGLY AND VOLUNTARILY WAIVE SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE.