PARTICIPANT AGREEMENT, RELEASE, AND ACKNOWLEDGEMENT OF RISK
Training Center LA
In consideration of the services of Arli Training LLC, a California limited liability company D/B/A/ Training Center LA (hereinafter “TCLA”) and those of the TCLA Parties (as defined below), and in consideration of being permitted to participate in TCLA’s Activities, and with full knowledge that firearms and/or other weapons may be used and discharged as applicable to the training, I, ___________________(Insert Name)___________(the “Participant” or “I”) hereby agree to the following:
1. The “Activities” are i) firearms and other weapons use and training, ii) hand to hand combat training, iii) self-defense and martial arts training, iv) simulator and virtual reality experiences, and v) other experiences, including but not limited to experiences using the services of third parties, such as but not limited to dining and travel experiences. Each of the Activities is an “Activity”.
The “TCLA Parties” are TCLA and its owners, officers and employees, representatives, and agents.
The “Participant Parties” are Participant, Participant’s heirs, next of kin, assignees, personal representatives, administrators, and executors.
I acknowledge and agree that the Activities may be inherently dangerous activities that involve bodily injury or even death. I specifically acknowledge and agree that the use of simulators and virtual reality equipment can cause neurological and balance issues. I further acknowledge and agree that the Activities may entail known as well as unanticipated risks which could result in physical and/or emotional injury, paralysis, death or damage to myself, to property, and/or to third parties. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of these Activities. THE RISKS INCLUDE BUT ARE NOT LIMITED TO: ​myself and/or another person being punched, kicked, choked, shot by a firearm; suffering injury; death; hearing loss or impairment; eye injury or loss; mental or emotional distress; inhalation or contact with airborne contaminants and/or flying debris. I expressly agree to assume the risk of engaging in such Activities and/or of being in the presence of such Activities.
Furthermore, I understand that TCLA’s representatives and instructors have extremely difficult jobs to perform. They seek safety, but they are not infallible. They may be unaware of a participant’s fitness and/or abilities. They may give inadequate warnings or instructions, and the equipment being used or rented might malfunction. With acknowledgment of the forgoing, I agree and promise to accept and assume all of the risks existing in these Activities, both known by me and unanticipated by me. ​My participation in any activity is voluntary and I elect to participate in spite of the risks involved.
2. I hereby release, forever discharge, and agree to indemnify and hold harmless the TCLA Parties from any and all fault, liabilities, costs, expenses, claims, demands, and/or lawsuits arising out of, related to, or in any way connected with i) my participation in these Activities and/or with my use of TCLA’s equipment and/or any facilities used by TCLA, ​including but not limited to any such claims which alleged negligent acts or omissions on the part of the TCLA Parties​, ii) any and all actual or alleged acts or omissions of mine in the course of my participation in these Activities, including, but not limited to my use of firearms and/or other weapons, and iii) any breach of this agreement.
Should any of the TCLA Parties or anyone acting on their behalf be required to incur attorney’s fees or costs to enforce this agreement, I, the undersigned, hereby agree to indemnify and hold them harmless for all such fees and costs.
3. TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW, I AGREE THAT THE TCLA PARTIES SHALL NOT BE LIABLE FOR ANY MONETARY DAMAGES IN EXCESS OF THE AMOUNTS PAID TO ANY OF THE TCLA PARTIES FOR THE RELEVANT ACTIVITY. I AGREE THAT THE TCLA PARTIES SHALL NOT BE LIABLE FOR LOST PROFITS, LOST OPPORTUNITIES, CONSEQUENTIAL OR INCIDENTAL DAMAGES RESULTING FROM ANY OF THE TCLA PARTIES’ PERFORMANCE FOR THE RELATED ACTIVITY.
I FURTHER WAIVE FOR THE PARTICIPANT PARTIES ANY AND ALL RIGHTS AND CLAIMS FOR DAMAGES, LOSS, COSTS, DEMANDS, AND ANY OTHER ACTIONS OR CLAIMS WHATSOEVER, WHICH I MAY HAVE OR WHICH MAY ARISE AGAINST THE TCLA PARTIES (INCLUDING, BUT NOT LIMITED TO, DAMAGE TO MY PROPERTY AND/OR ANY AND ALL ILLNESSES, INJURIES, INCLUDING MENTAL OR EMOTIONAL DISTRESS OR ANGUISH, AND OTHER DAMAGES, INCLUDING DEATH, SUFFERED BY ME) WHICH MAY IN ANY WAY WHATSOEVER ARISE OUT OF, BE RELATED TO, OR BE CONNECTED WITH THE USE OF FIREARMS, OTHER WEAPONS, OR OTHER DEVICES DURING THESE ACTIVITIES BY ME AND/OR ANOTHER.
The TCLA Parties shall not be liable for the Participant Parties, and Participant expressly release the TCLA Parties from any and all such claims and liabilities including, but not limited to, claims of actual or alleged negligence on the part of the TCLA Parties.
4. I acknowledge that certain experiences comprising an Activity may involve third party services, including but not limited to third party lodging, travel and dining services (the “Third Party Services”). Participant agrees, on behalf of Participant and on behalf of the Participant Parties, that TCLA Parties shall not be liable or responsible for the acts or omissions of the provider of the relevant Third Party Services.
5. I represent and warrant that I have adequate insurance to cover any injury or damage that I may cause or suffer while participating, and I agree to bear the costs of such injury or damage myself.
I, the Participant, represent and warrant that either I have no physical, mental, or emotional condition that may affect the safety of myself or of others in participating in the Activities, or that I will disclose such to TCLA so that TCLA can appropriate address such issue. Should I participate in any Activity, I agree that I have assumed and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
6. In the event that I file a lawsuit against the TCLA Parties , I agree to do so solely in the state of California, and I further agree that the substantive law of the state of California shall apply in that action without regard to the conflict of the law rules of that state.
7. I agree that I will pay for any and all property that I damage during my participation with the Activities, including but not limited to: firearms equipment, safety equipment, guns, knives, holsters, stalls, target hangers, wires, lights, walls, and floors.
8. I acknowledge and agree that this agreement is intended to be as broad and inclusive as permitted by law and that if any provision of this agreement is found to be invalid, void or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired. No remedy conferred by any of the specific provisions of his agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedy hereunder by the TCLA Parties shall not constitute any waiver of their rights to pursue other available remedies.
By signing this document, I acknowledge that if anyone, including myself, is hurt or if
property is damaged during any Activity, I may be found by a court of law to have waived
my right to maintain a lawsuit against the TCLA Parties on the basis of any claim from which I have released them herein.
Furthermore, I acknowledge and agree that this agreement binds the Participant Parties. ​I acknowledge and agree that I have read this agreement, I understand its terms, and I am executing this agreement voluntarily.
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PARENT’S OR GUARDIAN’S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under the age of 18)
In consideration of ____________________________Participant (hereinafter
“Minor”), being permitted by TCLA to participate in its activities and to use its equipment and
facilities, I further agree to indemnify and hold harmless the TCLA Parties from any and all Claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.