THIS PARTICIPATION AGREEMENT, HOLD HARMLESS AGREEMENT, COVENANT NOT TO SUE, AND RELEASE AGREEMENT (this “Agreement”) is entered into this day of November 6, 2024 by PERSONAL RESPONSBILITY, LLC, a Tennessee limited liability company, and the “Participant” listed below.
PERSONAL RESPONSIBILITY, LLC is a Tennessee limited liability company, that offers instruction, classes, contests, tournaments, and other events related to the training and techniques of practical firearms use, use of force, alternative force, and edged weapons. The instruction offered during these classes involves the discharge of firearms, and may include use of alternative force, discharge of Simunitions® and use of edged weapons by the class members and instructors in various situations including simulated combat situations. Such situations possess certain inherent dangers for the persons and property of the individuals participating in the activity. PERSONAL RESPONSIBILITY, LLC, its members, officers, directors, and employees, as well as contract employees, independent contractors and volunteers, jointly and severally (the “Company”), and any individual (a “Participant”) that wishes to avail himself or herself of the training and/or facilities of the Company for any reason, or who has chosen to visit, observe or tour the training or facilities of the Company, hereby agrees as follows:
AGREEMENT
IT IS UNDERSTOOD AND AGREED that this Agreement, and the following Covenant Not to Sue and Release are part of the consideration from the Participant to the Company, jointly and severally, for the privilege of receiving instruction, or visiting, observing or touring the training or facilities of the Company. Participant hereby agrees that Participant is aware of the fact, and assumes all risks, that there will be personnel of the Company and other participants on the training facilities with Participant. Participant assumes any and all risks of injury or damage from them or by them, and releases Company from any claim that the Company’s owners, members, employees or agents are or may be negligent in connection with Participant's experience or ability, including but not limited to selection of firearms, ammunition, leather, gear, edged weapons, fighting sticks, canes, or accessories pursuant to participation in Company's training programs. Participant expressly agrees that this Participant Agreement, Hold Harmless Agreement, Covenant Not to Sue and Release is governed by the laws of the State of Tennessee and is intended to be as broad and inclusive as is permitted by Tennessee law and that in the event any portion of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the balance of the Agreement shall not be effected or impaired in any way and shall continue in full legal force and effect.
Participant voluntarily assumes all risk and danger of injury or death inherent in the use of force, and/or any firearm, ammunition, edged weapons, equipment, or gear provided to or used by the Participant. PARTICIPANT ACKNOWLEDGES THAT THIS IS A CONTRACT AND AGREES THAT IF A LAWSUIT IS FILED AGAINST THE COMPANY OR ITS OWNERS, EMPLOYEES OR AGENTS, FOR ANY INJURY OR DAMAGES IN BREACH OF THIS CONTRACT, THE UNDERSIGNED WILL PAY ALL ATTORNEY'S FEES AND COSTS INCURRED BY THE COMPANY IN DEFENDING SUCH ACTION.
HOLD HARMLESS CLAUSE
Participant hereby promises and agrees and understands that he or she is entering upon this course of instruction or event, or visiting, observing or touring the training or facilities, under the express condition that the Company is free from any and all liability and claims for damage by reason of ANY INJURY to any person or persons, including Participant, or property of any kind whatsoever, and to whomsoever belonging, including Participant, from any cause or causes whatsoever while engaged in the course of instruction, event or visiting, observing or touring the training or facilities, offered by the Company either on its own premises or at any other place.
Participant hereby promises and agrees, as part of the compensation to be paid the Company, for allowing the Participant to receive this course of instruction, participate in the event or observe or tour the training or facilities, to defend, indemnify and hold harmless the Company from all liability, loss, costs and obligation of any and every kind on account of, or arising out of, any such injuries or losses, however occurring, during the period that the Participant is engaged in receiving the course of instruction, participating in the event, or visiting, observing or touring the training or facilities.
COVENANT NOT TO SUE
Participant hereby promises and agrees neither Participant nor Participant's heirs, successors, spouse, children, estates, personal representatives, or any other person or entity, will ever institute any action or suit at law or in equity against the Company, nor institute, prosecute, or in any way aid in the institution or prosecution of any claim, demand, action or cause of action for damages, costs, loss of services, expenses or compensation for or on account of any damage, loss or injury either to person or property, or both, resulting or to result, past, present or future arising out of the privilege of receiving the course of instruction, participating in an event, or visiting, observing or touring the training or facilities. RELEASE In addition to the foregoing Participant Agreement, Hold Harmless Clause, and Covenant Not to Sue, I hereby forever discharge the Company, its successors, and assignees, from each and every right and claim which I now have, or may hereafter have, on account of any injuries, damages, to person or property, or illness that I may sustain as a result of engaging in instruction, participating in an event, or visiting, observing or touring the training or facilities, whether or not arising from the negligent acts or omission of Company or its agents, employees, officers, directors, independent contractors, or volunteers. I specifically releases and forever discharges the Company, its successors and assigns on account of any injuries, damages to person or property, or illness that Participant may sustain as the result of any weapon, gear or ammunition failure, or malfunction. IT IS MY INTENTION by signing this Agreement to bar myself forever from suing the Company for any reason relative to my participation hereunder, and to release the Company even as to injuries, damages, to person or property, and illnesses, rights and claims not mentioned here or not known to me. Items A. – F. are to be initialed by the Participant.
A. Have you read this Agreement from beginning to end? B. Do you know what this Agreement is that you are signing? C. You are signing the Participant Agreement, Hold Harmless Clause, Covenant Not to Sue, and Release.
D. Do you make each and every statement in Item A. – C. and do you intend that the parties with whom you are agreeing, holding harmless, promising not to sue, and releasing, and each of them, jointly and severally, shall rely only on your statements in A. – C. as as the truth? E. Do you know that signing this Agreement will prevent you from instituting any suit, or asserting any claim, or right you may have for damages now or in the future as a result of participating in the said course of instruction, participating in an event, or visiting, observing or touring the training or facilities? F. I HAVE READ THIS AGREEMENT. I UNDERSTAND THAT IT IS A PROMISE NOT TO SUE, AND A RELEASE AND INDEMNITY FOR ALL CLAIMS. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT, I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGE. I SPECIFICALLY AND KNOWINGLY AGREE THAT I EXPRESSLY AND IRREVOCABLY INTEND TO RELEASE THE COMPANY, ITS MEMBERS, OFFICERS AND DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, CONTRACT EMPLOYEES, AND VOLUNTEERS FROM THEIR OWN NEGLIGENCE. I ACKNOWLEDGE THAT THIS AGREEMENT IS A CONTRACT AND AGREE THAT IF A LAWSUIT IS FILED AGAINST THE COMPANY OR ITS OWNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, OR AGENTS, OR VOLUNTEERS, FOR ANY INJURY OR DAMAGES IN BREACH OF THIS CONTRACT, THE UNDERSIGNED (PARTICIPANT) WILL PAY ALL ATTORNEY'S FEES AND COSTS INCURRED BY THE COMPANY IN DEFENDING SUCH ACTION. ATTENTION – WARNING BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE IN INJURY, DEATH, OR PROPERTY DAMAGE. Today's date: November 6, 2024 |