.38 International LLC / Yves Daberkow de Sousa DBA USBR Defense / Tony Eduardo Hoerhann DBA .38 America (hereinafter “.38 International”) PRIVACY POLICY


Effective Date: July 25, 2025


.38 America respects your privacy and is committed to protecting your personal information. This Privacy Policy explains how we collect, use, and protect the data you provide.


1. Information We Collect


We may collect personal information including:


  • Name, email, phone number, and address
  • Date of birth
  • Waiver and membership form data
  • Emergency contact information
  • Signature and participation data
  • Other details submitted via forms, applications, or communications


2. How We Use Your Information


We use the information to:


  • Process waivers, memberships, and event registrations
  • Communicate about training, schedules, or member-related matters
  • Maintain accurate participant records
  • Ensure compliance with legal and safety obligations
  • Improve services and enhance the experience of members and visitors


3. Background Checks


We reserve the right to conduct background checks on members, visitors, or any individuals accessing our facility, particularly those involved in firearms-related training. These checks may include consumer and/or investigative reports obtained through authorized and FCRA-compliant sources.


By submitting personal information or signing any waiver/form, you authorize .38 America and its agents, including licensed private investigators, to obtain and evaluate background information for the purpose of ensuring safety and compliance. These checks may be conducted during the initial application process or at any time during your involvement with .38 America.


You have the right to request the nature and scope of any report obtained, and to request a copy of any report used to make an adverse decision about your access or participation.


4. How We Protect Your Information


We use secure storage systems and limit data access to authorized personnel. We do not sell or share your personal data with third parties, except for legal or compliance reasons.


5. Cookies and Website Use


Our website may use cookies or similar tools to enhance your experience. These tools may collect general technical or usage data but are not used to capture sensitive personal information. You may disable cookies via your browser settings.


6. Data Access & Deletion Requests


You may request to access, correct, or delete your personal data at any time. For questions or data-related requests, contact:

info@38america.com

(430) 202-0232

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.38 International / USBR Defense / .38 America
1155 County Rd. 113
Whitesboro, TX 76273


Review .38America's Privacy Policy

Liability Waiver / Range Rules

This Agreement is between .38 International LLC / Yves Daberkow de Sousa DBA USBR Defense / Tony Eduardo Hoerhann DBA .38 America (hereinafter “.38 International”) and the online registering member, student, visitor and/or their respective guests. Checking 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.

LIABILITY WAIVER

(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 .38 International 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 purchase eye and ear protection from .38 International. .38 International does not provide free eye and ear protection.

(3) RIGHT OF REVOCATION: If you or your, guest or other persons fails to obey range officer instructions, range rules, basic firearm safety rules, .38 International policies, or any other term of this Agreement, you will be subject to expulsion from the range, suspension or revocation of your membership or range usage rights. There will be no refund of any monies, membership dues or administration fees paid if any person is required to leave the property or any membership is suspended or revoked as noted herein.

(4) RANGE CLOSURE: .38 International may from time to time conduct law enforcement, military, special events and other training classes and is required from time to time to maintain the range and its equipment. Accordingly, .38 International reserves the right from time to time to close the range as deemed necessary.

(5) PROHIBITED GUESTS AND RULES: Persons who are forbidden by law from possession of firearms are not permitted to utilize the .38 International 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 enter the premises 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 at .38 International, and that any person(s) who appear to be under the influence of alcohol, drugs or emotionally unstable, shall be denied access to the premises. Individuals desiring to rent firearms from .38 International, without their own firearm may be required to be accompanied by a friend or range officer when shooting.

(6) DAMAGE TO RANGE PROPERTY: Any intentional or unintentional damage to any .38 International’s property is your sole financial responsibility, which will be repaired or replaced at .38 International’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 .38 International property. You will be charged $20 for each hit to a target carrier. You are fully responsible for the actions of your guests and family members. You consent to .38 International charging your credit/debit card or bank account for the cost of any repair or replacement to .38 International property caused by you, your family members or guests.

(7) LOADED FIREARMS: No loaded firearms are to be left unattended for any reason. No loaded handguns are allowed inside the clubhouse, restrooms or in any parking area, unless they are secured in a carrying case or holster worn on the body. If movement from one range lane to another is required, all firearms must be unloaded and cased or holstered until arrival at the next range lane. All long guns must be cased and unloaded prior to entering and exiting the shooting range.

(8) CAMERAS: .38 International operates a state of the art monitoring security system which incorporates the use of high definition cameras and hidden surveillance equipment. Your presence at .38 International and execution of this Agreement indicates your consent to be videotaped and recorded while at .38 International. These photographs and images may be used for promotional purposes by .38 International and Member releases his/her likeness to be used by .38 International without further consent or compensation.

(9) 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 at the .38 International facility, 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 hear- ing 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 at USBR Defense and its range.

I, ON BEHALF OF MYSELF, AGENTS, ASSIGNS, HEIRS, SURVIVORS, EXECUTORS OR ADMINISTRATORS, HEREBY AND FOREVER RELEASE AND DISCHARGE .38 INTERNATIONAL, ITS MEMBERS, 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 USE OF THE RANGE OR MY PRESENCE AT THE RANGE, INCLUDING, BUT NOT LIMITED TO LOSSES CAUSED BY (1) THE NEGLIGENCE OF .38 INTERNATIONAL AND/OR ITS EMPLOYEES, MEMBERS, 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 .38 INTERNATIONAL, ITS ELECTED AND APPOINTED OFFICERS, AGENTS, INSTRUCTORS, EMPLOYEES, 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 .38 INTERNATIONAL, OR WHILE PARTICIPATING IN ANY ACTIVITY SPONSORED BY .38 INTERNATIONAL, 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 .38 INTERNATIONAL, OR ANY OF ITS MEMBERS, EMPLOYEES, OFFICERS, AGENTS, OR VOLUNTEERS.

RANGE RULES:

I acknowledge that I am familiar with the basic rules of firearm safety and that those basic rules have been explained to me. I agree to follow all of the basic rules of firearm safety during my visit to .38 INTERNATIONAL facility and during the use of its range and facilities. The safe use of firearms requires that I understand and agree to the following:

- I WILL TREAT EVERY FIREARM AS IF IT WERE LOADED.

- I WILL ALWAYS KEEP THE FIREARM POINTED IN A SAFE DIRECTION AND NEVER AT OTHERS.

- I WILL NOT PLACE MY FINGER ON THE TRIGGER OR IN THE TRIGGER GUARD UNLESS AND UNTIL I AM READY TO FIRE.

- I WILL ALWAYS WEAR APPROPRIATE EYESIGHT AND HEARING PROTECTION

- I WILL NEVER PASS THE FIREARM TO ANYONE WITHOUT OPENING AND KEEPING THE CYLINDER OR ACTION OPEN TO VERIFY THAT IT IS UNLOADED.

- I WILL ALWAYS FOLLOW THE INSTRUCTIONS OF THE RANGE MASTER. I AGREE THAT THE RANGE MASTER MAY INSPECT MY FIREARMS AND AMMUNITION AT ANYTIME DURING MY VISIT TO .38 INTERNATIONAL AND HAS THE RIGHT TO PROHIBIT ITS USE AT THE RANGE.

- ONLY AMMUNITION PURCHASED AT .38 INTERNATIONAL MAY BE USED IN RENTED FIREARMS. THE FOLLOWING AMMUNITION IS NOT ALLOWED TO BE SHOT ON THE RANGE: BLACK POWDER, TRACER, INCENDIARY OR GREEN-TIP (STEEL-CORE) AMMUNITION.

I HAVE READ THIS ASSUMPTION OF RISK, INDEMNITY AND LIABILITY WAIVER AND RANGE RULES AND FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, INCLUDING THE RIGHT TO SUE AND A TRIAL BY JURY, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY AND ASSUMPTION OF THE RISK TO THE GREATEST EXTENT ALLOWED BY LAW. IF THE PARTICIPANT IS A MI- NOR, THE UNDERSIGNED OR LEGAL GUARDIAN WARRANTS AND REPRESENTS THAT THIS RELEASE, THE ASSUMPTION OF RISK AND ITS SIGNIFICANCE HAS BEEN EXPLAINED AND UNDERSTOOD AND I HEREBY DECLARE, UNDER PENALTY OF PERJURY THAT I AM THE LEGAL GUARDIAN OF ANY MINOR PARTICIPANT. IF ANY PROVISION OR TERM OF THIS AGREEMENT IS HELD TO BE INVALID, VOID OR UNENFORCEABLE, THE REMAINDER OF THE PROVISION SHALL REMAIN IN FULL FORCE AND EFFECT AND SHALL IN NO WAY BE AFFECTED, IMPAIRED OR INVALIDATED.

IN WITNESS WHEREOF, the parties have caused this Agreement to be effective as of the day and year below.

Check if you agree:

I Agree

Date: August 20, 2025

AND

.38 International LLC /
Yves Daberkow de Sousa DBA USBR Defense /
Tony Eduardo Hoerhann DBA .38 America
1155 County Rd. 113, Whitesboro, TX 76273

Background Check Authorization
Background Check Authorization I authorize .38 America / .38 International LLC, and its authorized agents (including licensed private investigators), to obtain a consumer report and/or investigative consumer report about me for the purpose of evaluating my eligibility for membership, access to facilities, participation in training programs, or for general safety and security purposes. These reports may include, but are not limited to: • Criminal history records • Identity and address verification • Public court records • Sex offender registries • Other relevant data obtained lawfully from public or investigative databases This authorization applies to both initial screening and ongoing evaluations during my participation or membership term. I understand these checks will be conducted in accordance with the Fair Credit Reporting Act (FCRA). I have the right to request the nature and scope of any investigative report obtained and may request a copy of any such report if it is used in an adverse decision. All information will be used solely for safety and compliance purposes and will remain confidential. *
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I understand and authorize .38 International LLC / .38America to conduct background checks as described above.
First Participant's Name
First Name*
Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
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Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
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Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
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Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
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Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
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Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
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Participant's Date of Birth*
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Tenth Participant's Name
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Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
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I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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