WAIVER AND RELEASE OF LIABILITY
IN CONSIDERATION OF the risk of injury that exists while participating in FIREARMS TRAINING (hereinafter the "Activity");and
IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;
I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively,"Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age),knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims orcauses of action of any kind arising out of my participation in the Activity; and
I HEREBY release and forever discharge TOMLINSON SECURITY AND TACTICAL TRAINERS CORPORATION, located at810 Self Rd, Gatesville, Texas 76528, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs,representatives, predecessors, successors, and assigns (collectively "Releasees"), from any physical or psychological injurythat I may suffer as a direct result of my participation in the aforementioned Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THEACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THISACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN,SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS),ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAYARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THEACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATEDRISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits, or actions of anykind whatsoever for liability, damages, compensation, or otherwise brought by me or anyone on my behalf, including attorney'sfees and any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts, or failures to act of any party orentity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care ortreatment, I authorize Tomlinson Security and Tactical Trainers Corporation to provide all emergency medical care deemednecessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medicalinformation with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for anycosts incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry withit the potential for death, serious injury, and property loss. I agree not to participate in the activity unless I am medically ableand properly trained, and I agree to abide by the decision of the Tomlinson Security and Tactical Trainers Corporation officialor agent, regarding my approval to participate in the Activity.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLYUNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGETomlinson Security and Tactical Trainers Corporation AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS,AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS ANDASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I, AGREE TO VOLUNTARILY GIVE UP ORWAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Tomlinson Security andTactical Trainers Corporation FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for suchnegligence on the part of Tomlinson Security and Tactical Trainers Corporation, its agents, and employees.
I agree that this Release shall be governed for all purposes by Texas law, without regard to any conflict of law principles. ThisRelease supersedes any and all previous oral or written promises or other agreements.
In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions,neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions ofneglect or recklessness.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATIONIN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.
THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreementbetween two parties of equal bargaining strength. Both Participant, and Tomlinson Securityand Tactical Trainers Corporation agree that this agreement is clear and unambiguous as to its terms and that no otherevidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on thelanguage in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if anyterm, condition, phrase, or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, theremainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement tobe invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shallbe deemed to be written, construed, and enforced as so limited.
In the event of an emergency, please contact the following person(s) in the order presented:Emergency Contact: Contact Relationship:
I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER AND THAT I AMFREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLYUNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THISIS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL. Participant's Name: Participant's Address: PARENT / GUARDIAN WAIVER FOR MINORS
In the event that the participant is under the age of consent (18 years of age), then this release must be signed by a parent orguardian, as follows:
I HEREBY CERTIFY that I am the parent or guardian of , named above, and do herebygive my consent without reservation to the foregoing on behalf of this individual.
Parent / Guardian Name: Relationship to Minor:
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Your legal name
Your email address
Signed by James Tomlinson
Signed On: April 8, 2022
If you have questions about the contents of this document, you can email the document owner.
Document Name: TSATT Liability Waiver
Agree & Sign