Alamo City Self Defense LLC Liability Waiver

Alamo City Self Defense

**LIABILITY WAIVER**

Thank you for choosing ACSD as your training partners!

Social Media Release:  Your participation releases Alamo City Self Defense to use your story, and or other item on the organization’s website, social media accounts, reports  and publications. 

This Agreement is between Alamo City Self Defense (hereinafter “ACSD”) and Undersigned below.

Initialing the boxes and/or your signature at the end of this Agreement indicate that you have read the Agreement terms and agree to them, you understand the contents of the Agreement; that you have asked questions about any term of this Agreement that you may not understand and that you are agreeing to be legally bound by all terms and conditions set forth in this Agreement.

(1) YOUR RESPONSIBILITIES: You are fully responsible for the actions of your guests and family members and are fully responsible for your personal property and vehicles. In no case will Alamo City Self Defense be responsible for theft, loss or the safety of or damage to any of yours or your guest’s property.

(2) EYE AND EAR PROTECTION: Eye and ear protection is required at all times by you and your guests while in the range. If you do not own eye and ear protection, you may borrow eye and ear protection from Alamo City Self Defense, if available. Alamo City Self Defense has limited personal protection equipment for rental.

(3) RIGHT OF REVOCATION: If you or your, guest or other persons fails to obey range officer instructions, range rules, basic firearm safety rules, Alamo City Self Defense policies, or any other term of this Agreement, you will be subject to expulsion from the training and/or range. There will be no refund of any monies or administration fees paid if any person is required to leave the training and/or property.

(4) PROHIBITED GUESTS AND RULES: Persons who are forbidden by law from possession of firearms are not permitted to utilize the training, equipment or facilities and will be removed from the premises. By signing this Agreement, you are expressly representing that you are not prohibited by law or any court order from possessing a firearm, you are not under a domestic violence restraining order or injunction and that you are mentally fit to engage in the use of firearms. You will not be permitted to participate in any training if you are under or appear to be under the influence of alcohol or drugs. You affirm that the consumption of drugs or alcoholic beverages is expressly prohibited while actively training with Alamo City Self Defense, and that any person(s) who appear to be under the influence of alcohol, drugs or emotionally unstable, shall be denied access to training. Individuals desiring to rent firearms from Alamo City Self Defense, without their own firearm will be required to be accompanied by a Alamo City Self Defense Range Safety Officer when shooting.

(5) DAMAGE TO RENTAL PROPERTY: Any intentional or unintentional damage to any Alamo City Self Defense property is your sole financial responsibility, which will be repaired or replaced at Alamo City Self Defense’s discretion. You will not intentionally shoot at cameras or other range equipment not intended to be shot at. You are required to report any damage or destruction of any range property. You will be charged according to the range fees as noted in the applicable range policies and rules. You are fully responsible for the actions of your guests and family members. You consent to Alamo City Self Defense charging your credit/debit card or bank account for the cost of any repair or replacement to Alamo City Self Defense property caused by you, your family members or guests.

(6) LOADED FIREARMS: No loaded firearms are to be left unattended for any reason. No loaded handguns are allowed inside the classroom.

(7) ASSUMPTION OF RISK, INDEMNITY AND LIABILITY WAIVER. You hereby represent, warrant and agree that:

(A) You acknowledge that the sport of firearms shooting can result in injury, life threatening or life altering changes or death if you participate in this sport. You are voluntarily participating in the activities conducted with Alamo City Self Defense, and you sign your name below as acceptance of these risks. You are aware that in addition to the usual dangers and risks inherent in the sport of firearms shooting, certain additional dangers and risks are present, including, but not limited to ricochets from bullets and fragments, accidental discharge of firearms by myself or others and hearing and eyesight injuries from failing to use proper eyesight and hearing protection or other unknown unforeseen risks. You can choose not to sign this Agreement and choose not to participate in the activities. You agree that you freely accept and fully assume all such dangers and risks and the possibility of personal injury, death, property damage or loss resulting therefrom. You understand there are risks associated with these activities, and you assume the risk of any injuries that You or your child ward may sustain during any of these activities.

(B) You will immediately comply with all range master instructions and will be responsible for any injury, damage (whether to persons or property) or death due to your actions (whether intentional, unintentional, willful or negligent) or participation in the activities with Alamo City Self Defense and it’s participating range.

I, ON BEHALF OF MYSELF, AGENTS, ASSIGNS, HEIRS, SURVIVORS, EXECUTORS OR ADMINISTRATORS, HEREBY AND FOREVER RELEASE AND DISCHARGE ALAMO CITY SELF DEFENSE, ITS PARTICIPANTS, TRAINEES, GUESTS, EMPLOYEES, VOLUNTEERS, AGENTS, OFFICERS, DIRECTORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMS, DEMANDS OR CAUSES OF ACTION THAT I MAY HEREAFTER HAVE FOR INJURIES AND DAMAGES ARISING OUT OF MY PARTICIPATION IN TRAINING AND USE OF THE RANGE OR MY PRESENCE AT THE RANGE, INCLUDING, BUT NOT LIMITED TO LOSSES CAUSED BY (1) THE NEGLIGENCE OF ALAMO CITY SELF DEFENSE AND/OR ITS EMPLOYEES, MEMBERS, TRAINEES, VOLUNTEERS OR AGENTS; OR (2) RICOCHETS OR BULLETS OR FRAGMENTS; OR (3) THE ACTS OR OMISSIONS OF THIRD PARTIES, OR (4) HIDDEN, LATENT OR OBVIOUS DEFECTS OF THE RANGE FACILITIES, INCLUDING, BUT NOT LIMITED TO THE BULLET TRAPS AND ASSOCIATED COMPONENT PARTS OF THE RANGE. I AGREE TO NOT TO SUE, I AGREE TO AND HEREBY DO WAIVE THE RIGHT TO TRIAL BY JURY AND AGREE TO INDEMNIFY, DEFEND, HOLD HARMLESS AND RELEASE ALAMO CITY SELF DEFENSE, ITS ELECTED AND APPOINTED OFFICERS, AGENTS, EMPLOYEES, TRAINEES, MEMBERS, GUESTS AND VOLUNTEERS FROM ANY AND ALL LAWSUITS, DAMAGES, CLAIMS, JUDGMENTS, LOSSES, LIABILITY OR EXPENSES ARISING OUT OF (1) THE DEATH OR PERSONAL INJURY OR PROPERTY DAMAGE TO MYSELF OR MY CHILD WHICH MAY BE SUSTAINED WHILE USING PROPERTY OR EQUIPMENT OWNED BY OR UNDER THE CONTROL OF ALAMO CITY SELF DEFENSE, OR WHILE PARTICIPATING IN ANY ACTIVITY SPONSORED BY ALAMO CITY SELF DEFENSE, OR (2) ANY DEATH OR INJURY WHICH RESULTS OR INCREASES BY ANY ACTION TAKEN TO MEDICALLY TREAT ME OR MY CHILD. ALL OF THE TERMS ABOVE SHALL APPLY WHETHER OR NOT CAUSED BY THE ALLEGED NEGLIGENCE, WHETHER ACTIVE OR PASSIVE, OR ANY ACTS OR OMISSIONS OF ALAMO CITY SELF DEFENSE, OR ANY OF ITS MEMBERS, EMPLOYEES, OFFICERS, AGENTS, TRAINEES OR VOLUNTEERS.

The individual named below (referred to as “I” or “me”) desires to participate in Firearms training….(“Activity” or “Activities”) provided by the FTA member (the “Member”). As lawful consideration for being permitted by the Member to participate in the Activity, the intangible value that I will gain by participating in the Activity, I agree to all the terms and conditions set forth in this agreement (this “Agreement”). I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE MEMBER. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE MEMBER OR OTHERWISE. Initial: I hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against the Member, and its officers, directors, employees, agents, affiliates, members, successors and assigns (collectively, “Releasees”), on account of injury, death or property damage arising out of or attributable to my participation in the Activities, whether arising out of the negligence of the Member or any Releasees or otherwise. I covenant not to make or bring any such claim against the Member or any other Releasee, and forever release and discharge the Member and all other Releasees from liability under such claims. I shall defend, indemnify and hold harmless the Member and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, that are incurred by the indemnified party, arising out of or related to any third-party claim alleging any bodily injury, death of any person or damage to real or tangible personal property caused by my negligence or other more culpable act or omission (including any reckless or willful misconduct) in connection with my participation in the Activities. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be determined by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures (“Commercial Rules”). There shall be one arbitrator agreed to by the parties within twenty (20) days of receipt by respondent of the request for arbitration or in default thereof appointed by the AAA in accordance with its Commercial Rules. The award rendered by the arbitrator shall be final, non- reviewable, and non-appealable and binding on the parties and may be entered and enforced in any court having jurisdiction. The place of arbitration shall be Los Angeles, California. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. The arbitrator will have no authority to award punitive damages, or consequential damages. I IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO MY PARTICIPATION IN THE ACTIVITIES. I CERTIFY AND ACKNOWLEDGE THAT I MAKE THIS WAIVER KNOWINGLY AND VOLUNTARILY. Initial: This Agreement constitutes the sole and entire agreement of the Member and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Member and me and their respective successors and assigns. BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE MEMBER.

Refund/Cancellation Policy:
**No refunds on group/private rates as the dates booked are set aside and unavailable to be booked by other students.
* Cancellations made more than 14 days prior to the scheduled class start time (EXCLUDING group/private rates) may choose between a full refund or a transfer of the class fee to a future scheduled class within one calendar year at no cost pending availability.
**STUDENTS that “NO SHOW” any FREE Course WILL be allowed to reschedule additional FREE course after paying a $5.00 ADMIN FEE.
*NO REFUNDS on Online Courses
*CLASSES MAY GET CANCELLED UP TO 7 DAYS BEFORE SCHEDULED DATE DUE TO ENROLLMENT MINIMUM NOT BEING MET AND/OR SEVERE WEATHER. IF YOU ARE FLYING IN, BOOK A REFUNDABLE FLIGHT! ALAMO CITY SELF DEFENSE WILL NOT COVER COST OF LOST FLIGHT/HOTELS.
* Cancellations made less than 14 days prior to the scheduled class start time may transfer the class fee to a future scheduled class within 90 days at no cost pending availability but will not be eligible for a refund.
* Any no show with no call will result in no refund.
* Any no show with no call will result in a $35 rescheduling fee to cover admin costs and prepaid range fees. The rescheduled Class must be attended within 30 days of the missed class.
* Rescheduling is subject to availability.
*48 HOURS NOTICE is REQUIRED to reschedule WITHOUT $25 ADMIN fee. (any rescheduling within 48 hours will incur a $25 admin fee)
* All class fees collected where the class was not attended by the payee will be forfeited after 90 days of the originally scheduled class.
* In cases where the class has been attended, there will be no refunds
*There will be a $25 admin fee for the second and all subsequent class reschedule Example: 1st reschedule (no cost, unless no show no call which will require $50 admin fee), 2nd reschedule is ($25 admin fee), 3rd and beyond requires the student to re-register for the class.
**Weather cancellations, where the outdoor ranges are closed will be rescheduled according to earliest available date at no penalty to student – THere are NO REFUNDS due to weather cancellations**

Signed:

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Printed Name:

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Address: 

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Date: 

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