ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT (“Agreement”)
Informed Consent. I desire and agree to participate in one or more of the following: firearms training; survival training; first aid / trauma training; martial arts training; physical fitness assessments, classes, camps, workouts, personal training sessions and events; informational classes; group and individual events; coaching, events and/or assistance or instruction of any kind or any other activities which may involve the use of equipment such as firearms, various pads meant for martial arts training, logs, tires, weights, ice baths; in locations such as gun ranges, gyms, outdoors, ocean, pools, lakes, etc. (collectively “Activities”) provided through, sponsored or held by Coast Tactical Training and any affiliate, subsidiary, or partnership, or agent of or to Coast Tactical Training (collectively, and together with the owners, officers, directors, employees, contractors, agents of any of the foregoing entities and each of their heirs or assigns, referred to herein as Coast Tactical Training.
Prior to participating in any of the Activities, I have been informed that the Activities are of a nature and kind that are extremely strenuous and can/may push me to the limits of my physical abilities. I understand that the Activities are not without varying degrees of risk, which may include, but are not limited to the following: muscle soreness, minor aches and pains, tiredness, stiff joints and muscles, tearing or staring of muscles, ligaments, tissue or bone tearing or breakage; serious bodily injury or death, including due to the negligence on the part of me, other participants, Coast Tactical Training, or third parties; and or due to improper use of or failure of equipment. I understand that the reaction of the heart, lungs and vascular system to the Activities cannot always be predicted with accuracy. I understand that there is a risk of certain abnormal changes occurring during or following the Activities, which may include, but are not limited to, abnormalities of blood pressure or heart rate; chest arm or leg discomfort; transient light-headedness or fainting; and in rare instances, heart attack, stroke or even death. Excessive physical exertion during the Activities can result in exertional rhabdomyolysis. I have been advised look for signs of excessive soreness, darkened urine, and pain in the kidney areas in the days following my participation in the Activities. While this type of injury is relatively rare, it can occur due to several factors, including, but not limited to, genetic predisposition or dehydration, that may be beyond the control of Coast Tactical Training. The above are not the only symptoms of an injury or condition. I am responsible to seek medical advice and treatment for any injury, symptom or concern I may have regarding my health during and after the Activities.
Statement of medical condition. As an inducement to COAST TACTICAL TRAINING to allow me to participate in the Activities, I do hereby state and certify all of the following: i) I receive periodic medical check-ups at least once a year, ii) I have had a physical examination from a competent physician within the past 12 months; iii) I have been advised to consult with my physician prior to my participation in the Activities regarding my fitness for participation in the Activities, and iv) that I have no cardiovascular or other concerns, problems, or illness that might keep me from participating in the Activities, including, but not limited to, heart problems, lung problems, circulatory problems, diabetes, high blood pressure, low blood pressure, hardening of the arteries, shortness of breath, chest pains, arrhythmia, heart palpitations, arterial dysfunction, circulatory disorders, or other conditions that would raise concern in the mind of a reasonable person. I have no knowledge of any other medical problem or condition or issue that might increase my risk of illness and injury as a result of my participation in the Activities. COAST TACTICAL TRAINING has fully and carefully informed me that I may experience adverse physical changes including injury or death even in the absence of any prior medical problem, condition or issue, and I fully understand this to be the case. I again agree to assume any and all risk associated with my participation in the Activities.
Assumption of Risk & Waiver regarding Communicable Disease (including but not limited to COVID-19). COAST TACTICAL TRAINING has put in place preventative measures to reduce the spread of Communicable Diseases; however, COAST TACTICAL TRAINING cannot guarantee that you will not become infected with Communicable Diseases. Further, attending this event could increase your risk of contracting Communicable Diseases.
By signing this agreement, I acknowledge the contagious nature of Communicable Diseases and voluntarily assume the risk that I may be exposed to or infected by Communicable Diseases by attending this event and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by Communicable Diseases at this event may result from the actions, omissions, or negligence of myself and others, including, but not limited to, COAST TACTICAL TRAINING employees, volunteers, and program participants.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at this event.. On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless COAST TACTICAL TRAINING, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of COAST TACTICAL TRAINING, its employees, agents, and representatives, whether a Communicable Diseases infection occurs before, during, or after participation in any COAST TACTICAL TRAINING program.
Common Carrier. I acknowledge that Coast Tactical Training, Inc. is not a Common Carrier but rather is in the business of providing training based experiences. Transportation to and from activities is incidental to the activity. Transport in some instances may be provided by Coast Tactical Training, Inc. employees or contractors and may involve errors in judgement by Coast Tactical Training, Inc. or staff operating the vehicle. The vehicles and transport trailers may malfunction, break down or be poorly maintained, casuing injury, accident, delays, or in the extreme case, death. Transport may be provided by independent contractors to Coast Tactical Training, Inc. and may involve errors in judgement by those independent contractors.
Medical & Psychotherapy Disclosure. COAST TACTICAL TRAINING does not provide medical treatment or advice, psychological counseling or psychotherapy, and no person engaged by COAST TACTICAL TRAINING is authorized to act on behalf of COAST TACTICAL TRAINING in the capacity of a licensed therapist or medical doctor in the State of California. COAST TACTICAL TRAINING does not diagnose or treat medical conditions or mental disorders. Information conveyed within the Activities is not intended to be, and is not, a substitute for psychotherapy or medical advice and treatment and are not therapeutic or medical in nature. I understand that any value I obtain from Activities, I obtain via my own free will and participation. I hereby forever release COAST TACTICAL TRAINING from all liability from any adverse or negative reactions or effects that my participation in the Activities may have on me.
Environment & Exposure. I acknowledge that, in the remote locations used by Coast Tactical Training, Inc., participants may experience extreme environmental and/or weather conditions. Exposure to the natural elements can be uncomfortable and/or harmful and I am aware that this exposure can cause sunburn, dehydration, heat exhaustion, heat stroke, heat cramps, fatigue or hypothermia, some or all of which can diminish my or another participants ability to react or respond. Delays or inconvenience because of inclement weather, including but not limited to low visibility, high winds, heavy rain or snow, extreme temperature variations, etc. can occur. Participants may encounter dangerous wildlife or insects and may encounter firearms or substances necessary to the control of these animals or insects.
Assumption of All Risks. For, and in consideration of, as an inducement for being allowed to participate in the Activities, I do hereby intentionally, willingly, and voluntarily assume full responsibility for my health and any and all risks of injury or adverse reaction, including serious bodily injury or death as stated above to which I may be exposed as a result of my participation in the Activities. I accept full and complete responsibility for any injury or death, including expressly, any injury or death which results from my own negligence or the negligence or willful acts or omissions of other participants, COAST TACTICAL TRAINING or any third party.
Waiver and Release. For in consideration of, and as an inducement for being allowed to participate in the Activities, and in recognition of the above-mentioned risks and hazards including, but not limited to the risk of serious bodily injury or death, I do hereby forever intentionally, willingly, and voluntarily release, waive, remise, discharge and hold harmless COAST TACTICAL TRAINING, it’s owner(s), officers, employees and agents , from any and all liability, losses, expenses, costs, attorneys’ fees, damages, claims and causes of action arising directly or indirectly out of my participation in the Activities, whether such claims be emotional, mental, psychological, physical, financial or otherwise.
Photo/Video Release: I hereby grant COAST TACTICAL TRAINING permission to use my photograph/video image including any audio recordings (“Images”) in any and all publications for COAST TACTICAL TRAINING including any website display, without payment or any other consideration in perpetuity. I hereby authorize COAST TACTICAL TRAINING to edit, alter, copy, exhibit, publish, display or distribute all Images of me obtained during or in conjunction with the Activities. I waive: i) the right to inspect or approve the finished product, including written or electronic copy, wherein my Image appears; ii) any right to royalties or other compensation arising or related to the use of the Images; and iii) any right to demand the removal of any Image. I hereby hold harmless and release and forever discharge COAST TACTICAL TRAINING from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf of on behalf of my estate which may have or may have by reason of this authorization.
Indemnification. As a further inducement to COAST TACTICAL TRAINING to permit me to participate in the Activities, I accept financial responsibility for any injury that I may cause either to myself or to any other participant or third party, whether due to the negligence or willful misconduct of me, parties, or anyone acting on their behalf, be required to incur attorneys’ fees or other costs to enforces the Agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless COAST TACTICAL TRAINING from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in Activities.
Severability. I further expressly agree that the foregoing Agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, not withstanding, continue in full legal force and effect.
Arbitration. Any controversy or claim arising out of or relating to this Agreement or the performance thereunder, including without limitation any claim related to illness, injury or death shall be settled by binding arbitration in Orange County, California, in accordance with the rules of JAMS then existing. The California Evidence Code shall apply to any arbitration proceeding held pursuant to this Agreement.
I HAVE CAREFULLY READ, FULLY UNDERSTAND AND AGREE TO EACH TERM, CONDITION, AND PROVISION CONTAINED IN THIS AGREEMENT. I UNDERSTAND THAT MY AGREEMENT IS AN INDUCEMENT, WHICH COAST TACTICAL TRAINING RELIES UPON AND WITHOUT WHICH, COAST TACTICAL TRAINING WOULD NOT ALLOW ME TO PARTICIPATE IN THE ACTIVITIES. IF I DO NOT AGREE ANY SUCH TERM, CONDITION, PROVISION OR THIS AGREEMENT, I WILL NOT PARTICIPATE IN ANY OF THE ACTIVITIES. I UNDERSTAND THAT BY SIGNING THIS FORM, I AM WAIVING VALUABLE LEGAL RIGHTS. I AM 18 YEARS OR OLDER. I HAVE READ THIS DOCUMENT, AND I AM SIGNING IT FREELY. I AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. NO OTHER REPRESENTATIONS CONCERNING THE LEGAL EFFECT OF THIS DOCUMENT HAVE BEEN MADE BY ME.