Release, Waiver, Indemnification, Hold Harmless and Assumption of the Risk Agreement

 

Signing this document will waive certain legal rights, including the right to sue or claim compensation following an accident, injury, or death. Please read carefully and do not sign this document if you do not understand any terms.

 

I acknowledge that directly or indirectly, I have engaged Four Oaks Firearms Training, LLC (“FOFT”) to provide personal training and certification in the safe discharge and use of firearms (the “Firearms Training”). FOFT shall provide the classroom portion of the Firearms Training at 9158 Myersville Road, Myersville, Maryland 21773 (the “Classroom") owned by John Martin and Christin Martin (the “Classroom Owners”). FOFT shall provide active firearms training at 8041 Pete Wiles Road, Middletown, Maryland 21768 (the “Pete Wiles Road Property”) owned by Matthew Adams and Carissa Adams (the “Property Owners”) or at another location selected by FOFT (the “TBD Location”). The Pete Wiles Road Property and the TBD Location are referred to herein as the “Range”. The Property Owners and the TBD Location Owners and operators are referred to herein as the “Range Owners”. I acknowledge and agree that the Firearms Training will involve the use and discharge of firearms and related activities. In consideration of FOFT agreeing to provide the Firearms Training, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I agree as follows:

 

I acknowledge that any activity that involves the use of a firearm, including but not limited to the Firearms Training, is an inherently dangerous activity and even if I follow all appropriate practices and procedures there is still a significant risk of injury or death. Risks associated with such activities may include, but not necessarily limited to, accidental discharge of a firearm resulting in serious injury or death, failure of equipment or ammunition resulting in serious injury or death, the impact of noise on hearing, and/or the negligence on the part of other persons/participants in the Classroom or at the Range including but not limited to agents, servants, and employees of FOFT, the Classroom Owners, or the Range Owners, resulting in serious injury or death. By participating or being present for the Firearms Training I acknowledge that I am aware of and understand the risks associated with the Firearms Training and I freely and voluntarily accept and fully assume all risks, dangers, hazards and the possibility of personal injury, death, property damage and loss resulting therefrom.
 

I acknowledge that it is my responsibility to read and obey all posted information and warnings and to comply promptly with any verbal instructions provided in connection with the Firearms Training. I acknowledge that I will not be under the influence of alcohol, or under the influence of any drugs, including prescription, illegal or over-the-counter medication, which could impair my ability to safely participate in the Firearms Training.

I acknowledge that I am legally entitled to possess and/or purchase a firearm. I have no criminal convictions, pending criminal charges, indictments nor do I suffer from any form of
mental illness that would prohibit me form legally and safely possessing and using a firearm, or would be determined or dangerous to me or others while participating in the Firearms Training in the Classroom or the Range.
 

I acknowledge and confirm that I am in good health and have no physical or mental limitations that would or might make it unsafe for me to participate in Firearms Training. I agree to inform FOFT of any limitations, physical or otherwise, which might make it unsafe or inadvisable for me to participate in the Firearms Training. To the extent I develop or become aware of any such limitations while participating in the Firearms Training or that I feel that any aspect of the Firearms Training is one that I cannot safely continue to participate in I will immediately inform FOFT and I WILL NOT PERFORM ANY ACTIVITY OR PROGRAM WHICH I FEEL IS UNSAFE FOR ME TO PERFORM, OR WHICH IS BEYOND MY PHYSICAL OR MENTAL CAPABILITIES, SKILL LEVEL, OR LEVEL OF TRAINING.
 

I acknowledge that I am not relying upon any oral or written representations or statements made by FOFT, the Classroom Owners, or the Range Owners or anyone else with respect to the
safety of Firearms Training, the Classroom, or the Range other than what is set for in this Agreement. I acknowledge that FOFT, the Classroom Owners, and the Range Owners have not made any representations as to the safety of the Firearms Training, the Classroom, or the Range.
 

I waive for myself, and for my executors, personal representatives, administrators, assignees, heirs, and next of kin, any and all rights, claims, and causes of action of any kind against FOFT, the Classroom Owners, and the Range Owners (and their agents, servants, employees, shareholders, officers, directors, members, shareholders, insurers, administrators, trustees and assigns) whether foreseen or unforeseen, as a result of my participation the Firearms Training, due to any cause whatsoever, including but not limited to gross negligence, negligence, breach of contract, or breach of any statutory or other duty of care. Further, I release, waive, covenant not to sue, and discharge FOFT, the Classroom Owners, and the Range Owners (and their agents, servants, employees, shareholders, officers, directors, members, shareholders, insurers, administrators, trustees and assigns) from any and all liability for any loss, damage, expense or injury, including death, that I may suffer, whether foreseen or unforeseen, as a result of my participation the Firearms Training, due to any cause whatsoever, including but not limited to gross negligence, negligence, breach of contract, or breach of any statutory or other duty of care.
 

I agree to hold harmless and indemnify FOFT, the Classroom Owners, and the Range Owners from any liability, claim, damage, or expense of whatsoever nature caused by, contributed to, or arising from, my actions during the Firearms Training.

By signing below, I am giving FOFT the right to take and use for promotional and/or advertising purposes photos/videos taken during the Firearms Training without compensation.

I acknowledge and agree that:

 

·       I am not currently under indictment or information in any court of a crime that could be punished by more than one year in jail.

·       I have never been convicted in any court of a crime that could have been punished by more than one year in jail, regardless of the actual sentence imposed.

·       I am not a fugitive from justice.

·       I am not an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance.

·       I am not under the influence of alcohol or any lawful drug that may impair my abilities and I have not consumed any alcohol or lawful drug that may impair my abilities within the last eight (8) hours.

·       I have never been adjudicated mentally defective or committed to a mental institution.

·       I have never been dishonorably discharged from the Armed Forces.

·       I am not subject to a court order restraining me from harassing, stalking, or threatening my child or an intimate partner or child of such a partner.

·       I have never been convicted in any court of a misdemeanor crime for domestic violence or probation before judgement.

·       I have never renounced my United States citizenship.

·       I am not an alien illegally in the United States.

·       I have no unlawful, illegal, wrongful or otherwise deceitful intentions in executing this Agreement or in utilizing Four Oaks Firearms Training, LLC and, if applicable, firearms, ammunition and other FOFT property.

·       I have never been convicted of a felony, anywhere. Maryland law prohibits any person convicted of a felony to possess a firearm or be in any environment where firearms are present.

·       I have read and I understand and agree to follow the Range Rules attached as Exhibit A.  

 

I further acknowledge and agree that this Agreement, shall remain in full force and effect from the date of execution and ever after, including any signed written amendments or modifications to it, and this Agreement shall be applicable to each and every occasion that I participate in Firearms Training with FOFT in the Classroom, at the Range, or any other location.

 

This Agreement shall be governed by and interpreted solely in accordance with the laws of the State of Maryland, without reference to principles of conflicts of law. I acknowledge and agree that that this Agreement is intended to be as broad and inclusive as permitted by law and if for any reason any provision or provisions in this Agreement are determined to be invalid or contrary to any existing or future law, that invalidity shall not impair the operation of this Agreement or affect those portions of this Agreement which are valid.

I acknowledge that I have read this Agreement, understand its terms, and I am executing this Agreement voluntarily. I am aware that by signing this Agreement, I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, assigns and representatives may have against FOFT, the Classroom Owners, or the Range Owners.

 

This Agreement may be executed and delivered by electronic signatures and electronic signatures appearing on this Agreement are the same as handwritten signatures for purposes of validity, enforceability, and admissibility. The words “execution,” “signed,” “signature,” and words of like import in this Agreement or in any document related to this Agreement, shall include images of manually executed signatures transmitted by electronic format (including, without limitation, “pdf”, “tif” or “jpg”) and other electronic signatures (including, without limitation, DocuSign and AdobeSign). The use of electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paper-based record-keeping system to the fullest extent permitted by applicable law

 

EXHIBIT A

(Range Rules)

•                All Federal, State, and Local firearms laws shall be obeyed at all times.

•                TREAT ALL GUNS AS IF THEY ARE ALWAYS LOADED

•                All firearms, when carried anywhere in the Classroom or at the Range, will be cased and unloaded.

•                Cellphone use is prohibited

•                Instruction in the Classroom or at the Range may only be conducted by FOFT Instructors during scheduled classes or appointments. 

•                Always keep the muzzle pointed downrange.

•                Always keep your finger off the trigger and outside the trigger guard until you are ready to shoot.

•                Always be aware of your target and what is beyond.

•                Always wear eye and ear protection while at the Range.

•                Do not load your firearm outside of your designated shooting lane.

•                NEVER MOVE BEYOND THE FIRING LINE! If you drop equipment over the line, request your instructor’s assistance.

•                Careless or unsafe behavior is prohibited and will result in immediate ejection. 

•                Be sure your firearm is safe to operate and use the correct ammunition. 

•                Upon the command “CEASE FIRE”, All shooting MUST stop IMMEDIATELY.

•                Eye and Ear protection is always mandatory while at the Range.

•                Frangible, tracer, armor piercing, incendiary, and all other ammunition containing steel are prohibited.

•                All targets must be placed at eye level.

•                Only shoot at your target, cross firing of targets is prohibited.

•                All firearms must be equipped with operable sights. Only aimed fire is permitted on the range. 

•                All ammunition must be boxed, and all magazines unloaded.

•                All ammunition may be inspected prior to lane/location assignment. 

•                Never pass a loaded firearm to another person. 

•                If a malfunction or stoppage occurs (firearm or ammunition issue) and you cannot clear the problem, keep your finger off the trigger, keep the firearm pointed down range, stay in the shooting lane/assignment and raise your non-shooting hand to signal a FOFT trainer for assistance. 

•                Do not leave the firing line/ shooting lane with a malfunctioning firearm. 

•                A shooter that continues to experience multiple firearm/ ammunition malfunctions after a FOFT trainer has attempted to resolve the problem(s), will not be permitted to finish their training. 

•                Anyone under the influence or drugs, alcohol, or prescription medication that impairs or affects mental alertness and/ or coordination, is prohibited from shooting. 

•                No food, beverages, smoking, or tobacco products are permitted on the range.

•                Pregnant or nursing mothers are not permitted on the range at any time.

•                All range rules are subject to change without notice.

•                FOFT or its Designee may refuse the use of the Range to any person, for any or no reason.

•                Safety is everyone's responsibility. If you observe unsafe handling of firearms or strange behavior, please report it to the FOFT trainer IMMEDIATELY.