Consent Waiver:(Required) I acknowledged & agree to the following general release, liability waiver, indemnification, and assumption of risk agreement hazardous and potentially dangerous activity.
GENERAL RELEASE, LIABILITY WAIVER, INDEMNIFICATION, AND ASSUMPTION OF RISK AGREEMENT
HAZARDOUS AND POTENTIALLY DANGEROUS ACTIVITY
1. NOTICE : The participation in and observation of firearms being fired, self-defense training, pepper spray training, and physical fitness training (hereinafter “Firearms Activity”) at,
conducted, sponsored, hosted, supervised, monitored, or otherwise provided in whole or in part by Black Mane Tactical, LLC (hereinafter “BMT”) is HAZARDOUS & DANGEROUS
ACTIVITY. Such Firearms Activity involve both inherent & extrinsic, both natural & artificial risks that may result in all manner of harm, loss, damage, property damage, serious personal
injuries, disability, or death to you or others. This agreement prevents you, your heirs, legatees, spouse, children, next of kin, beneficiaries, family members, assigns, and legal representatives
from suing, recovering, or bringing claim against BMT in the event of any injury or death for whatever reason, including and not limited to, your failure to follow proper training and
procedures, negligence of an instructor, gross negligence, omissions, malfeasance of another student or customer, improper or insufficient training, supervision and/or instruction; or any other
cause (including, but not limited to the negligence or gross negligence of BMT, its employees, contractors or agents, or otherwise) resulting from, arising out of, or in connection with your
presence in or use of BMT activities and/or facilities. This agreement is also meant to protect and release from liability BMT and all of the following (who are referred to with BMT as the
“Released Parties”): owners, officers, directors, employees, instructors, coaches (whether employed or independent contractors), participants, observers, volunteers, members, attorneys, agents,
suppliers, and all affiliated persons, entities, & organizations, INCLUDING SPECIFICALLY THE LANDLORD and its affiliates, and all successors and assigns. By signing this contract, you
are signifying your agreement to the following statements below, you have met state, federal, and all other requirements as mandated by law to participate in Firearms Activity, and that your
signature is in truthfulness. You swear that you’re not prohibited from possessing, controlling, purchasing, owning, selling, or transferring firearms under state & federal laws. Failure to
disclose any medical or legal information as required by law that may prevent, restrict, or bar you from participating in Firearms Activity; can result in civil or criminal sanctions
against you by the proper authorities.
2. VOLUNTARY PARTICIPATION: I swear and affirm that I am eighteen (18) years or older, or signing on behalf of a minor for whom I am the legal guardian of and have the lawful
authority to sign for, and hereby state that I am voluntarily and intelligently requesting to participate in Firearms Activity at BMT. If I am under the age of eighteen (18) years old, I agree to
receive consent and permission from my parent(s) or legal guardian; by having them sign the appropriate lines below.
3. ACKOWLEDGEMENT AND ACCEPTANCE OF RISKS ASSOCIATED WITH INHERENTLY DANGEROUS ACTIVTY: I acknowledge understand that Firearms Activity is
inherently dangerous in which, as a participant, I may suffer serious, bodily, psychological, and neurologic injury, death, or cause injury to another person or property, even if I am in the
presence of an instructor. I understand that my presence in or on any BMT facilities or premises, and my use of BMT facilities, premises, and equipment is entirely voluntary and with a
complete and full understanding that any and all such usage, including, but not limited to practice, is entirely voluntary and with a complete and full understanding that any and all such usage
involves all manner of hazards and dangers. I AGREE TO ACCEPT AND ASSUME ALL RISKS, HAZARDS, DANGERS, AND RESPONSIBILITY FOR ANY HARM, LOSS, DAMAGE,
PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH TO ME OR OTHERS RESULTING FROM, ARISING OUT OF, OR ANY WAY IN RELATION TO MY USE OF OR
PRESENCE of BMT’s FACILITIES, GEAR, EQUIPMENT, AND APPARATUSES. Such risks, hazards, and dangers among the possible causes of serious injury or death, even if I am with
an instructor are, but are not limited to: (A) Exploding, malfunctioning, or defective firearms, ammunition, gear, and equipment. (B) Direct fire or ricochet of a bullet, either from my firearm,
a rental firearm, or the firearm of an instructor, customer, student, or another range member. (C) Potential eye and ear damage. (D) Lead poisoning. (E) Burn hazards. (F) Respiratory issues.
(G) Serious injury or death resulting from a slip, fall, collision, noise, or environmental condition, even if not directly caused by firearms but while I am on the premises of any training ground.
I understand that injury or death could result from other causes not listed above, and that any event, which causes injury or death, is covered by this Agreement.
4. NO INSURANCE REQUIREMENT: I understand that there is no obligation of BMT or any Released Party to maintain insurance protecting me or any other person engaging in this
dangerous activity at BMT. I agree it is not advisable for me to participate in Firearms Activity if I do not have medical/hospitalization insurance.
5. ASSUMPTION OF THE RISK: I am voluntarily participating in Firearms Activity with knowledge of the danger involved and agree to accept any and all risks of damage, injury, or
death. I fully and completely acknowledge that the list and above descriptions are not all of the risks associated with Firearms Activity, and that the above listings in no way limits the extent,
intensity, or scope of this Agreement.
6. SUITABILITY OF PARTICIPANT: I promise that I will not participate in Firearms Activity if: (A) I have pre-existing medical conditions, physical limitations, psychological conditions,
other impairments or limitations, any other health conditions or issues of any kind or nature, temporary or permanent, which may be aggravated or harmed during Firearms Activity. (B) I do
not fully understand or comprehend any rules, restrictions or directions given during the activity, (C) I am or may be pregnant and/or nursing. (D) I have been convicted of a felony. (E) I am
under any legal restrictions which prohibit me from participating in Firearms Activity. (F) I have been confined to a hospital (of any kind) or institution for mental illness.
7. PHOTOGRAPH RELEASE AGREEMENT: I acknowledge and accept that photography and videography, including but not limited to, digital, audio, and streaming recordings, will
occur during my participation in and/or observation of any activities conducted by or at BMT. I hereby authorize and give BMT full, unrestricted, permanent, and irrevocable permission to
use my name, likeness, photograph, video, audio, or any other digital media form; in any media and for any and all purposes. Purposes including, but not restricted to, reproduction, exhibiting,
video and digital publications, printed materials, advertising, distribution and streaming of file photographs, steaming media, promotion, marketing, editorial use and trade, and packaging for
any product or service. Which can be combined with other images, texts, graphics, films, and audio; and may be edited, cropped, retouched, altered, and modified in any manner without
further consent. I agree that BMT will be the sole owner of all rights, including copyright, in and to the work; and I acknowledge that I waive any and all rights to royalties and any other
compensations arising from or related to the use of my likeness, and have no further rights to additional consideration or accounting. I voluntarily waive any and all rights to inspect or
approve finished materials or media in which I will be featured. I swear that I will not prosecute or institute proceedings, claims or demands against either BMT, its photographers, agents, or
any other assigned representatives in respect of any usage of media mentioned above. I hereby release BMT and all parties mentioned above from all claims, damage, and liability relating to
images, videos, or photographs taken of me; and that I will make no claim for any reason to BMT.
8. RELEASE AND HOLD HARMLESS AGREEMENT: As consideration for BMT allowing me to participate in Firearm Activities and use of facilities; I hereby agree, on behalf of
myself that I, my heirs, legal representatives, guardians, legatees, beneficiaries, spouse, children, family members, or any other next of kin, and assigns, will not and cannot make a claim
against, sue, or otherwise prosecute BMT or attach the property of BMT, or any of the Released Parties or the supplier of any equipment used in the activities for any loss, liability, expense,
costs, attorney fees, injury, disability, death, or damage resulting from omissions, negligence, or other acts, howsoever caused. I further agree and forever hold harmless, indemnify, defend
and save BMT and other Released Parties from any and all injuries, loss, liability, damage, expense, and cost, resulting in any way from my presence, participation, spectating, act, omission,
or negligence, while I participate in Firearms Activities. Even if such damages are caused by BMT or any other Released Party through negligence or breach of any legal duty or standard of
care. I hereby waive, release, covenant, and discharge forever BMT from any and all liabilities, claims, demands, or causes of action whatsoever, for any harm, loss, damage, property damage,
theft of property, personal injuries or death. I hereby agree to defend, indemnify, and hold harmless BMT from and against any claim, cause of action, liability, or judgment resulting from,
arising out of, or in connection with my presence in and/or use of BMT facilities, firearms, gear, equipment, or apparatuses. I understand that by signing this agreement I and any of my
children who I am signing for shall have (A) no claims whatsoever against, (B) have no right to sue, and (C) have no right to recover any damages or other compensation from BMT.
9. KNOWING AND VOLUNTARY EXECUTION: I have carefully and fully read this contract and understand its contents in entirety, and have had the opportunity to ask questions. I fully
understand each and every term. I am willingly, knowingly, and voluntarily entering into and executing this Agreement. I agree to any and all the provisions contained in this Agreement. I am
aware this is a full release of liability and contract between BMT, myself, and all Released Parties, and I sign it of my own free will.
10. ONGOING EFFECT: I understand this Agreement has no expiration date. By signing below, I acknowledge this date as the official date stamp for this waiver and terms. This document
may not be revoked, amended, or altered with respect to any occurrence or incident. It may be revoked prospectively (before an accident or occurrence which causes injury or death), but only
if further participation in Firearms Activity at BMT stops and provided further that written notice of the prospective revocation is provided to BMT, and a written receipt is obtained from
BMT CEO.
11. SEVERABILITY CLAUSE AND INTERPRETATION: I understand and agree that all provisions of this Waiver and Release apply to all activities of BMT, including but not limited
to shooting lessons, indoor practices, indoor and outdoor camps, sparring, conditioning exercises, or BMT trips. If any term or provision hereof is found to be invalid, illegal, or unenforceable,
the invalid, illegal, or unenforceable term or provision shall be stricken only to the minimal extent necessary, and the remaining terms and provisions hereof shall remain unimpaired, and shall
not be invalidated. No provision hereof can be waived except expressly in writing signed by the BMT Founder & CEO. In the event that any court of competent jurisdiction determines that
any provision herein is too broad, the Agreement shall be interpreted so that the provision is interpreted in a manner so as to maximize the protection intended for BMT and the Released
Parties, and this Agreement, to the extent so modified, shall remain binding, and continue in full force and effect.
12. SUCCESSORS: This Agreement is binding upon the successors and assigns of each party and of all of the Released Parties.
13. CHOICE OF LAW: This Agreement shall be interpreted as broadly as is permitted, in accordance to the laws of the State of Rhode Island. I further agree that this agreement is to be
construed and interpreted pursuant to the laws of the State of Rhode Island, without reference or regard to conflicts of laws principles.
14. IDENTIFICATION: I have produced the following form of government identification, and certify that my identity and information is true and correct.