Safety Rules Acknowledgment Before participating in the firearms instruction (the Activity), I acknowledge and agree to follow these fundamental safety rules. By initialing next to each rule, I confirm my understanding and commitment to these safety protocols: MUZZLE MANAGEMENT: Always keep your muzzle pointed in a safe direction TRIGGER FINGER DISCIPLINE: Always keep your finger off the trigger until you are on target and ready to fire I, (hereinafter "Participant", “I”, “me”, or “my”), acknowledge that I am voluntarily participating in firearms instruction (the "Activity") provided by Telos Defense, LLC, including its instructors, employees, agents, and affiliates (hereinafter collectively “Telos”, “Telos Defense”, “we”, “us”, or “our”), which encompasses training in the safety, operation, and marksmanship of pistols and rifles, as well as physical activities designed to elevate heart rate. 1. Acknowledgment and Assumption of Risks. I understand and acknowledge that the Activity involves significant inherent risks—including, but not limited to: a. Accidental discharge of firearms, which may result in severe injury or death.
b. Hearing damage or loss from exposure to gunfire noise, even with protective equipment.
c. Eye injuries from debris, ricochet, or firearm malfunctions, despite safety measures.
d. Physical injuries, strains, or cardiovascular stress from handling firearms or engaging in physical exertion.
e. Psychological distress or trauma from exposure to firearms or training scenarios.
f. Other unforeseen risks associated with firearms use and physical activity—including the actions of other participants in the Activity. I expressly assume all such risks, whether known or unknown, and accept full responsibility for any resulting injuries, damage, or losses. I acknowledge that the Activity is inherently dangerous and that I am giving up my right to sue for injuries resulting from these inherent risks. I acknowledge that Telos is not responsible for any of the actions, inaction, or negligence of any other participants in the Activity, or those who are on, at, or near the facilities whereupon the Activity takes place. 2. Eligibility Certification and Compliance with Federal Law. In order to participate in the Activity, I represent, warrant, and certify the following under penalty of perjury: a. I am at least 18 years of age (or, if under 18, the parent or legal guardian signing on my behalf is affirming this on my behalf in accordance with applicable law). b. I am a "U.S. person" as that term is defined under the International Traffic in Arms Regulations (ITAR), 22 C.F.R. § 120.62 (or any successor provision), which currently includes: (a) A natural person who is a lawful permanent resident as defined by 8 U.S.C. § 1101(a)(20) (i.e., a holder of a valid Permanent Resident Card, commonly known as a "green card"); (b) A protected individual as defined by 8 U.S.C. § 1324b(a)(3) (including asylees and refugees granted such status); or (c) A U.S. citizen or U.S. national. c. I understand and agree that non-immigrant aliens (including but not limited to those present in the United States on tourist visas, student visas, work visas such as H-1B, or under the Visa Waiver Program/ESTA), as well as other foreign persons not meeting the above definition, are prohibited from receiving firearms instruction, training, or assistance that may constitute a "defense service" under ITAR, 22 C.F.R. § 120.32, without specific prior authorization from the U.S. Department of State's Directorate of Defense Trade Controls (DDTC). I affirm that I do not fall into any such prohibited category. d. I am not a prohibited person under federal firearms laws, including but not limited to 18 U.S.C. § 922(g) and § 922(n). Specifically, I affirm that: (a) I have never been convicted in any court of a crime punishable by imprisonment for a term exceeding one year (i.e., a felony); (b) I am not under indictment for, or a fugitive from justice regarding, any such crime; (c) I am not an unlawful user of, or addicted to, any controlled substance; (d) I have never been adjudicated as a mental defective or committed to a mental institution; (e) I have not been dishonorably discharged from the Armed Forces; (f) I am not subject to a court order restraining me from harassing, stalking, or threatening an intimate partner or child; (g) I have not been convicted of a misdemeanor crime of domestic violence; (h) I am not an alien illegally or unlawfully in the United States, nor am I an alien admitted under a nonimmigrant visa (unless I qualify for an exception under 18 U.S.C. § 922(y)(2), which I do not claim here); and (i) I am not otherwise prohibited by federal or state law from possessing, receiving, or handling firearms or ammunition. e. I understand that providing false information in this certification constitutes a federal offense under 18 U.S.C. § 1001 (false statements to the government, including in matters within the jurisdiction of an executive agency) and may also violate other federal criminal statutes. I acknowledge that Telos Defense relies upon the truth and accuracy of these representations in permitting my participation. f. I consent to Telos Defense verifying my eligibility through reasonable means, which may include (but are not limited to): requiring presentation and photocopying of government-issued identification or immigration documents establishing U.S. person status; conducting background screening through third-party services; requiring proof of a valid Florida Concealed Weapon or Firearm License (or equivalent from another state that involves NICS background check); or other due diligence measures. I agree to provide such documentation promptly upon request and understand that failure to do so will result in denial of participation without refund. g. I agree that any breach of these representations or warranties, or any participation by me in violation of ITAR, federal firearms prohibitions, or other applicable law, shall constitute a material breach of this Agreement. In such event, I agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, liabilities, fines, penalties, costs, expenses (including reasonable attorneys' fees), or other losses arising from or related to such breach, including but not limited to any enforcement action, investigation, or proceeding by the U.S. Department of State, ATF, or any other governmental authority. The representations, warranties, and indemnification obligations in this section survive the completion of the Activity and the termination of any relationship with Telos Defense. 3. Waiver and Release of Liability. In consideration of being permitted to participate in the Activity, I hereby WAIVE, RELEASE, AND FOREVER DISCHARGE Telos Defense, its owners, officers, directors, instructors, employees, agents, affiliates, and any third parties acting on its behalf (collectively, the "Released Parties") from any and all liability, claims, demands, causes of action, or lawsuits, whether in law or equity, for any injuries, damages, losses, or death arising from my participation in the Activity, EVEN THOSE CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR ANY OTHER PERSON—whether considered ordinary negligence (e.g., failure to exercise reasonable care), or gross negligence. This waiver includes, but is not limited to, claims arising from the design or condition of the training facilities, equipment malfunctions, the actions or omissions of other participants or third parties, Injuries or harm caused by other participants; injuries from physical activities, such as improper lifting techniques, strains, or exertion during stress shoots or other exercises; and any misuse of training or skills acquired during the Activity, including unlawful or harmful actions taken by me after the Activity (e.g., using skills in an unlawful manner). I expressly agree not to sue or initiate any legal action against Telos Defense and will indemnify and hold them harmless from related claims, including legal fees. I further acknowledge that Telos Defense cannot be held liable for any actions I take after completing the Activity, as the training is intended solely for lawful and responsible use. 4. Indemnification and Hold Harmless. I agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, demands, causes of action, losses, damages, or liabilities, including reasonable attorneys’ fees and costs, arising from or related to my participation in the Activity, my breach of this Agreement, or my violation of any safety rules or instructions. This indemnification extends to claims brought by me, my heirs, successors, assigns, or third parties, including other participants, bystanders, or entities, whether resulting from my actions, my negligence, or otherwise. 5. Media Consent and Release. I irrevocably grant Telos Defense the unrestricted right to photograph, videotape, or record me during the Activity and to use, reproduce, or distribute such media in any format for promotional, marketing, or instructional purposes. I waive any right to inspect or approve the final product, claim compensation, or assert ownership over such media. 6. Health and Physical Condition. I affirm that I am at least 18 years of age and legally competent to execute this Agreement. If signing on behalf of a minor, I certify that I am the minor’s parent or legal guardian with full authority to bind the minor to this Agreement, in accordance with Florida law. I represent that I (or the minor) am in sound physical and mental health, free from any medical conditions (e.g., heart disease, respiratory issues, musculoskeletal disorders, or psychological conditions) that could impair safe participation. I confirm that I (or the minor) am not under the influence of alcohol, drugs, or any substances that could affect judgment, coordination, or safety during the Activity. I acknowledge that the Activity may involve strenuous and extreme physical exertion, including but not limited to lifting heavy objects (e.g., 200lb sandbags for Elite division/class participants), and I assume all risks associated with such activities. By signing this Agreement, I certify that I have had a full physical examination performed by a licensed physician, and that such physician has determined that the Activity and the matters herein contemplated will not cause, exacerbate, aggravate, or accelerate any pre-existing health condition. 7. Emergency Medical Authorization. In the event of an injury or medical emergency during the Activity, I authorize Telos Defense to secure medical treatment on my (or the minor’s) behalf, including transportation to a medical facility. I agree to assume all associated costs and waive any claims against the Released Parties arising from such actions, except as limited by law. Telos Defense does not assume any liability for medical treatment or transportation provided on my behalf. 8. Compliance with Rules and Instructions. I agree to comply with all safety rules, regulations, and instructions provided by Telos Defense during the Activity. I understand that failure to follow these may result in my immediate removal from the Activity without a refund, and I waive any claims arising from such enforcement. 9. Governing Law, Jurisdiction, and Venue. This Agreement is governed by the laws of the State of Florida, without regard to conflict of law principles. Any legal action arising from or relating to this Agreement or the Activity shall be brought exclusively in the state or federal courts located in Volusia County, Florida, and I irrevocably consent to the personal jurisdiction and venue of such courts. 10. Waiver of Jury Trial. I HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIVITY. 11. Binding Effect and Survival. This Agreement is binding upon me, my heirs, successors, assigns, next of kin, personal representatives, trustees, and insurers. The obligations and releases herein shall survive the completion of the Activity and any termination of my relationship with Telos Defense. 12. No Duress. I affirm that I am signing this Agreement freely and voluntarily, without any duress, coercion, or undue influence, and that I have had sufficient opportunity to read and understand its terms. 13. Cumulative Nature and Integration. This Agreement is additional to, and not exclusive of, any other similar provisions contained in other agreements between me and Telos Defense. This Agreement constitutes the entire understanding between me and Telos Defense regarding the subject matter herein and supersedes all prior or contemporaneous agreements, whether oral or written. 14. Severability. If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid provision shall be reformed to the maximum extent permitted by law to effectuate the intent of this Agreement. By signing below, I acknowledge that I have carefully read, fully understood, and voluntarily agreed to all terms of this Agreement. I understand that I am giving up substantial legal rights, including my right to sue for certain claims. If signing for a minor, I represent and warrant that I am the parent or legal guardian of such minor, with full legal authority to bind the minor to this Agreement. © TELOS DEFENSE, LLC (2024 - 2026) All Rights Reserved |