FOCUSED DEFENSE FIREARMS TRAINING
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
PLEASE READ CAREFULLY. THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE. BY SIGNING THIS DOCUMENT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS.
This Release of Liability, Waiver of Claims, Assumption of Risk, and Indemnification Agreement ("Agreement") is entered into by and between Focused Defense Firearms Training, its owner(s), instructors, employees, agents, contractors, and assigns (collectively, "Focused Defense," "the Company," "we," or "us"), and the undersigned participant ("Participant," "you," or "your"), in connection with Participant's enrollment in and attendance at any course, class, lesson, range session, or other activity offered by Focused Defense, including but not limited to Pistol Fundamentals, Maryland Handgun Qualification License (HQL) courses, Wear & Carry Permit courses, Home Defense Planning courses, less-lethal options courses, private one-on-one lessons, and any related range time, live-fire exercises, dry-fire drills, or classroom instruction (collectively, the "Activities").
1. Acknowledgment of Risk
Participant understands and acknowledges that firearms training and the use, handling, storage, and discharge of firearms and ammunition involve activities that are inherently dangerous and involve risks of serious bodily injury, illness, permanent disability, paralysis, and death, as well as damage to or loss of property ("Risks"). Participant acknowledges that these Risks include, without limitation:
● Accidental or negligent discharge of a firearm, whether by Participant, another participant, an instructor, or any other person present;
● Injury from projectiles, ricochets, fragments, casings, muzzle blast, or debris;
● Hearing loss or damage, eye injury, or other sensory harm, including from exposure to gunfire noise, lead, or other byproducts of firearm discharge;
● Malfunction, defect, or failure of firearms, ammunition, holsters, or other equipment, whether owned by Participant, another participant, or Focused Defense;
● Improper handling, loading, unloading, or storage of a firearm by any person, including Participant;
● Physical exertion, movement, or positions associated with training drills, including slips, falls, or muscle/joint injury;
● The acts, omissions, negligence, or misconduct of other participants, spectators, instructors, or range personnel;
● Conditions of the range, classroom, or other facility, whether owned or controlled by Focused Defense or a third-party range operator;
● Exposure to lead or other hazardous substances associated with firearms and ammunition;
● Emotional or psychological reaction to firearms training or simulated scenarios; and
● Other risks not specifically identified above, whether known or unknown, foreseeable or unforeseeable.
Participant acknowledges that this list is illustrative and not exhaustive, and that the Risks described above may result in serious bodily injury or death to Participant or others.
2. Voluntary Participation and Assumption of Risk
Participant voluntarily chooses to participate in the Activities with full knowledge of the Risks involved. Participant expressly and voluntarily assumes all Risks, whether known or unknown, arising from or related to Participant's participation in the Activities, including Risks arising from the ordinary negligence of Focused Defense. Participant represents that Participant is physically fit and has no medical condition that would prevent safe participation in the Activities, or has disclosed any such condition to Focused Defense in writing prior to participation.
3. Release and Waiver of Liability
To the fullest extent permitted by applicable law, Participant, on behalf of Participant and Participant's heirs, executors, administrators, personal representatives, assigns, and next of kin, hereby releases, waives, discharges, and covenants not to sue Focused Defense, its owners, officers, instructors, employees, agents, contractors, and any range or facility at which the Activities take place and its owners and personnel (collectively, the "Released Parties"), from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, injury, illness, or death that may be sustained by Participant, or to any property belonging to Participant, while participating in the Activities, or while on the premises where the Activities are conducted, to the extent caused by the ordinary negligence of the Released Parties.
Nothing in this Agreement releases any Released Party from liability for gross negligence, willful or wanton misconduct, recklessness, or intentional acts, to the extent such a release is prohibited by applicable law. This Agreement is intended to be as broad and inclusive as is permitted under the laws of the State of Maryland, and if any portion is held invalid, the remainder shall continue in full legal force and effect as set forth in Section 9 below.
4. Indemnification
Participant agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Participant's participation in the Activities; (b) Participant's breach of this Agreement; (c) Participant's violation of any applicable law, range rule, or safety instruction; or (d) any injury to or damage caused by Participant to any other person or property during the Activities, in each case except to the extent arising from the gross negligence or willful misconduct of a Released Party.
5. Rules, Instructions, and Right to Remove
Participant agrees to comply with all firearm safety rules, range rules, and instructions given by Focused Defense instructors and range personnel at all times. Focused Defense reserves the right, in its sole discretion, to remove any Participant from the Activities, without refund, for failure to follow safety instructions or for conduct that endangers Participant or others.
6. Medical Treatment Authorization
In the event of an injury or medical emergency during the Activities, Participant authorizes Focused Defense and its instructors and agents to secure emergency medical treatment on Participant's behalf, including transportation to a medical facility, and Participant agrees to be financially responsible for any costs of such treatment or transportation. Participant represents that Participant has adequate health/medical insurance to cover any injury or damage that may occur, or otherwise agrees to bear the costs of such injury or damage.
7. Firearms and Equipment
If Participant brings a personal firearm, ammunition, holster, or other equipment to the Activities, Participant represents that such items are in safe operating condition and that Participant is legally permitted to own, possess, and use them. Focused Defense is not responsible for defects in, or the malfunction of, any equipment not owned by Focused Defense. If Participant borrows or rents a firearm, ammunition, or equipment from Focused Defense, Participant agrees to inspect it prior to use and to notify an instructor immediately of any concern.
8. Photography and Media Release
Participant grants Focused Defense permission to photograph and/or video record Participant during the Activities and to use such images or footage for training, promotional, marketing, and social media purposes, without compensation to Participant. Participant who does not wish to be photographed or recorded must notify Focused Defense in writing prior to the start of the Activities.
9. Governing Law, Venue, and Severability
This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of laws principles. Participant agrees that any dispute arising out of or related to this Agreement or the Activities shall be brought exclusively in the state or federal courts located in Maryland. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nonetheless continue in full force and effect, and the invalid or unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its original intent.
10. Entire Agreement
This Agreement constitutes the entire agreement between Participant and Focused Defense regarding its subject matter and supersedes all prior or contemporaneous understandings, whether written or oral. This Agreement shall remain in effect for all past and future Activities in which Participant participates with Focused Defense, unless revoked in writing by Participant, and shall be binding upon Participant's heirs, executors, administrators, and assigns.
11. Acknowledgment
PARTICIPANT HAS CAREFULLY READ THIS AGREEMENT, UNDERSTANDS ITS CONTENTS, AND SIGNS IT VOLUNTARILY AS PARTICIPANT'S OWN FREE ACT. PARTICIPANT UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, PARTICIPANT IS GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES FOR ORDINARY NEGLIGENCE. PARTICIPANT SIGNS THIS AGREEMENT FREELY AND VOLUNTARILY, WITHOUT ANY INDUCEMENT.