RAH Tactical Liability Waiver
1. Acknowledgment of Risk
I, the undersigned Participant, acknowledge that participation in firearms training, instruction, range exercises, demonstrations, handling of firearms, live fire, and related activities (the “Program”) involves inherent risks, including but not limited to accidental discharge, injury, death, hearing or vision damage, property loss or damage, and other hazards that may result from the acts or omissions of others, equipment failure, or conditions of the training environment. I understand these risks and voluntarily assume them.
2. Release, Waiver of Liability, and Covenant Not to Sue
In consideration of being permitted to participate in the Program, I hereby forever release, waive, discharge, and covenant not to sue RAH TACTICAL, its owners, officers, agents, instructors, employees, representatives, affiliates, successors, assigns, land/property owners, and all other persons or entities acting on their behalf (collectively “Released Parties”) from any and all claims, demands, causes of action, liabilities, losses, damages, costs or expenses (including attorneys’ fees) arising out of or related to any injury, death, loss, or damage to person or property sustained by me in connection with my participation in the Program, whether caused by the negligence (ordinary or gross), active or passive acts, omissions, or strict liability of the Released Parties or any other person.
3. Anti-Subrogation Clause
I acknowledge and agree that I will not allow any person and/or entity to initiate, prosecute, or otherwise continue any action at law or otherwise against RAH TACTICAL, its owners, agents, or employees in any way involving, arising out of, or resulting from my participation in the Program. I hereby waive any right of subrogation against the Released Parties.
4. Indemnity, Duty to Defend, and Hold Harmless
I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, suits, liabilities, damages, losses, costs, and expenses (including attorneys’ fees and litigation costs) arising out of or related to my acts, omissions, negligence, breach of this Agreement, or participation in the Program. If any claim is asserted against the Released Parties as a result of my participation, I shall, upon written request, provide or cause to be provided any necessary defense (including but not limited to legal defense) at my expense.
5. Fitness, Compliance, and Authority
I represent and warrant that I am physically and mentally able to participate in the Program; that I am not under the influence of alcohol, illegal drugs, or any substance that would impair my ability to participate safely; and that I am not legally prohibited from possessing or using firearms. I agree to follow all safety rules, range commands, and Instructor instructions, and understand that failure to comply may result in immediate removal from the Program without refund.
6. Execution and Enforceability; Binding Effect
It is my intention that this Agreement shall bind me and my spouse (if any) during my lifetime, and upon my death shall bind my family, estate, heirs, administrators, personal representatives, and assigns. I agree to indemnify, defend, and hold harmless the Released Parties from any claim by me or by my family, estate, heirs, administrators, personal representatives, or assigns arising out of or related to my participation in the Program.
7. Severability
If any provision or portion of this Agreement is found to be void, invalid, or unenforceable by any court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect and shall be given full effect to the greatest extent permitted by law.
8. Governing Law; Venue; Forum Selection
Therefore, this Agreement shall be deemed to have been made in the State of Tennessee regardless of the order in which signatures shall be affixed hereto, and shall be interpreted and the rights and liabilities of the parties hereto shall be determined in accordance with the laws of the State of Tennessee. The place of this Agreement, its status and forum, is always Tennessee. In the State of Tennessee all matters, whether sounding in contract or in tort, relating to the validity, construction, interpretation, and enforcement of this Agreement shall be determined. I agree that the exclusive venue for any dispute arising out of or relating to this Agreement or the Program shall be the state and federal courts located in Tennessee, and I submit to personal jurisdiction in those courts.
9. No Warranty or Guarantee Clause
I understand and acknowledge that RAH TACTICAL and its instructors make no warranties, representations, or guarantees, express or implied, regarding the level of skill, proficiency, safety, or performance I may attain through participation in the Program. I further acknowledge that firearms training cannot guarantee personal safety or prevent injury, harm, or death in any real-world encounter or self-defense situation. I agree that I am solely responsible for the manner in which I use any skills or knowledge gained through this training.
10. Acknowledgment and Understanding
Thus, having fully and carefully considered all the risks, my rights and responsibilities, and the risk/benefit balance associated with this type of training, I personally and knowingly accept and assume ALL risks and have, notwithstanding, decided to go forward with this training program. I fully understand that by placing my signature on this Agreement I acknowledge that I have read it completely, understand it completely, and agree to abide by it completely. I further understand that I am giving up substantial legal rights, including the right to sue the Released Parties.