Liability Waiver And Assumption Of Risk
I {name} (name) who have registered and anticipate full participation in one or more training, self-defense, Israeli combat and/or firearm training courses administered by Dynamic Tactical Krav Maga, LLC, Dynamic Tactical Defense, LLC or one or more subsidiaries or affiliates thereof (collectively, “DTD”) in for and in consideration of the services of DTD, its agents, instructor(s), officers, representatives, directors, volunteers, participants, employees, staff and all other persons or entities acting in any capacity on behalf of DTD, hereby fully acknowledge, understand, agree to, release and hold harmless DTD, on behalf of myself, acting agents representing both real or personal property, heirs, next of kin, assigns, personal representative and estate and acknowledge each Article as follows:
- I acknowledge the risks and dangers that exist in my use of any and all firearms and/or defensive tactics and techniques and my participation in such and assume the risk(s) which could result in physical and/or emotional injury, paralysis, death, or damage to myself, to property, or to third-parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity(ies). The risk(s) include, but are not limited to, among other things: the undersigned or third- parties being shot by a firearm; suffering hearing loss, eye injury or loss, inhalation or contact with airborne contaminants and or flying debris, and being struck anywhere on my person (body). I also acknowledge that I can be expected to receive bruises and slight injuries as a result of participating in these activities which may require that I endure periods of discomfort and pain. Furthermore, I understand that the INSTRUCTOR(S) acting on behalf of DTD, have a difficult job to perform. The INSTRUCTOR(S) seeks safety, but the INSTRUCTOR(S) are not infallible. The INSTRUCTOR(S) might be unaware of a participant’s fitness
or abilities. The INSTRUCTOR(S) may give inadequate warnings or instructions, and the equipment used might malfunction.
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- I expressly agree and promise to accept all of the risks existing in the activity(ies). Participation in the activity(ies) is purely voluntary, and I elect to participate in spite of the risks. I agree to indemnify and hold harmless DTD, its agents, officers, representatives, directors, officers, volunteers, participants, employees and staff against loss or expense including attorney’s fees, by reason of the liability imposed by law upon DTD. It is further understood and agreed that I will provide appropriate counsel and shall further bear all costs and expenses, including the expense of counsel in the defense of any litigation, mediation and or arbitration suit arising hereunder. It is further agreed that all disputes shall be submitted to binding arbitration within the Kent County in the State of Michigan and settled in accordance with the rules of the American Arbitration Association. I hereby voluntarily release, DTD, its agents, officers, representatives, directors, officers, volunteers, participants, employees, and staff, forever (discharge) and agree to indemnify and hold harmless from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of any equipment or facilities including any and all, but not limited to, indoor or outdoor shooting ranges, including any such Claims which allege negligent acts or omissions of DTD, its agents, officers, representatives, directors, officers, volunteers, participants, staff and employees.
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- I agree to be personally responsible for my own safety. I agree to follow all instructions given by INSTRUCTOR(S) immediately, except if I should have any reservations about any of the INSTRUCTOR(S)’ instructions, I shall, while maintaining safety for myself and others, immediately notify of such. I may choose NOT to participate in any activity in this course of instruction that I deem unsafe. I additionally acknowledge that the INSTRUCTOR(S) may, at any time, make a judgment call such as but not limited to safety, disorderly conduct, or acting in an unsportsmanlike manner and should I fail to correct my actions after being warned, the INSTRUCTOR(S) may use their own discretion and determine whether or not I may continue with the course or be terminated from course participation. Upon termination, I understand that I will have to leave the course/facility immediately and not be entitled to any refund of monies paid and all materials presented to me on that day or any related materials/equipment to the course will be returned as property of DTD.
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- I agree that at anytime, if I am not capable, whether physically/mentally challenged in completing the required demands and/or functions of the course, I am required to immediately advise the INSTRUCTOR(S). I agree to perform the techniques taught at no greater speed or force level than I am comfortable with and competent at. I shall perform only those techniques taught by the INSTRUCTOR(S), and shall not improvise additional techniques on my own during the course of this instruction. I agree that the INSTRUCTOR(S) have no responsibility to accommodate me or change the instruction of the course. Prior to this course, upon registration process and prior to registration I acknowledge that I have read all the requirements of this particular course.
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- I shall immediately notify the INSTRUCTOR(S) of any injury that I receive, or that I observe injury to any other participant.
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- I agree to make every effort to make the training area safe. However, should I become aware of any potentially unsafe aspect of the training area (shooting range), including unsafe behavior of other participants, I agree to immediately notify the INSTRUCTOR(S).
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- I agree when arriving or departing range property, I must keep the firearm(s) unloaded and either cased or actions open, this includes concealed weapons while on the shooting range or any real property where the class instruction is being held.
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- I consent to having my photograph taken while participating at DTD. classes/events. These pictures may be displayed in any and all DTD. publications, including but not limited to newsletters, the official website, brochures, advertisements, social media (Facebook, LinkedIn, Twitter, Tik Tok, etc.) and any and all media including video, unlimited by DTD. I waive the right to make a claim to any royalty, license fee or similar fee related to the use of my image and likeness by DTD for its marketing and promotional purposes
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- I acknowledge that the following areas are particularly susceptible to injury. Unless instructed, I will avoid striking them altogether, and I agree to exercise extreme caution when working with or near them in any way: temple, ears, eyes, bridge of nose, upper lip, throat, neck, solar plexus, groin, kidneys, tail bone, spine, all joints, instep, collarbone, lower abdomen.
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- I understand that engaging in defensive techniques, firearms and/or the instructional activities constitutes my involvement in a very hazardous and dangerous activity with the accompanying risks of personal injury or death and loss or damage to personal property, and I hereby voluntarily assume those risks.
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- Should an INSTRUCTOR(S) or any person present at this training event provide transportation in connection with this training, I acknowledge that such transportation is provided solely as a convenience to me and that it is not part of the training and that the DTD. INSTRUCTOR(S), agents, employees, and staff has no responsibility or liability in connection with the transportation.
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- I specifically release the shooting range owner/operator, the event sponsor(s)/class instructor(s), all individuals participating in the administration of the event/class instruction, and the Officers and Directors of the shooting range from any and all claims or liability related to these events/class instructions. I agree to indemnify the above-mentioned entities and individuals for any and all expenses and liability they incur as a result of any of my conduct related to the DTD shooting events/class instructions.
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- I certify that I am not a fugitive from justice, or under indictment. I have not been convicted of a felony, misdemeanor or any crime. I am not drug or alcohol dependent; I am not under adjudication of mental incompetence; I have not been convicted for domestic violence.
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- I certify that I am not under the influence of alcohol, marijuana, any prescription drugs, or other controlled substances. I understand that the INSTRUCTOR(s) reserve the right to terminate from participation in the event I am deemed under the influence of drugs or any other controlled substance.
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- If I am signing this Liability Wavier and Release on behalf of a minor I represent to DTD that have the authority to do so as the parent or legal guardian of the minor.
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- I expressly agree that the foregoing, Liability Waiver and Release is intended to be as broad as is permitted by the laws of the State of Michigan. I further agree that if any provisions of this agreement are held to be invalid, nevertheless, the balance of the agreement shall continue in full force and effect. WHEREFORE, I have had sufficient opportunity to read this entire document. I have read, acknowledge and understand the LIABILITY WAIVER, RELEASE AND ASSUMPTION OF RISK and fully understand its terms and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing this agreement freely and voluntarily and intend my signature to be a complete and unconditional release of all liability to the greatest extend allowed by law.
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Membership Fee and Refund Policy
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No Refunds on Memberships or Fees: All membership fees, service charges, or other payments are final and non-refundable. By signing this agreement, you acknowledge and agree that no refunds will be issued for any reason, including but not limited to unused time, dissatisfaction, or termination of services.
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Membership Continuation: Memberships will automatically continue on a recurring basis until a cancellation request is submitted and processed. It is the member's responsibility to submit cancellation requests through the designated Customer Portal.
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Cancellation Process:
- To cancel a membership, you must log in to your Customer Portal and follow the cancellation process outlined within the portal.
- Cancellation requests must be submitted at least 14 days prior to the next billing cycle to avoid being charged for the subsequent period.
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Confirmation of Cancellation: Cancellations are not considered complete until you receive a confirmation notice via email or through the Customer Portal.
By signing below, you acknowledge that you have read, understood, and agree to this Membership and Fee Refund Policy.
_ {name} {sign_date}
(Participant or Legal Guardian Printed Name) (Date)
Signature follows (Participant or Legal guardian)