1. I, in consideration of the right to receive firearms and defensive training from Defensive Accuracy, LLC, and its instructors (collectively referred to herein as the “Parties”) do enter into this Acknowledgement, Release, Consent, and Indemnification Agreement (the “Agreement”) and do hereby consent and agree as follows: 2. I acknowledge that target shooting and firearms training are dangerous activities (the “Activities”). I am fully informed and understand that the risks, hazards and dangers of engaging in these Activities, including the risk of serious bodily injury, permanent disability, paralysis and/or death, as well as damage to personal property and potential exposure to coronavirus or other illnesses. 3. I acknowledge that I am engaging in these Activities voluntarily and at my own risk. I understand and agree that I am solely responsible for my safety when engaging in these Activities. 4. I acknowledge and represent that I am familiar with the significant risks and dangerous nature of these Activities and hereby assume any and all responsibilities and liabilities pertaining to such risks, whether to myself or to others, and without limitation or qualification. 5. I acknowledge that at the time of signing this Agreement I am of sufficient physical and mental condition to engage in the Activities. 6. Instruction in the Activities may require that the participants are touched by the instructors in order to demonstrate correct procedure, correct form, or in order to prevent an unsafe act. I expressly acknowledge that I will be touched by Instructors of Defensive Accuracy, LLC and consent to touching as part of the instruction. 7. In consideration for utilizing Defensive Accuracy, LLC’s services, I do on behalf of myself, my heirs, executors, administrators and assigns, release, waive, discharge and covenant not to sue Defensive Accuracy, LLC, or Denise King, Larry Behnke, or Larry DeKam, their successors, officers, employees, agents, representatives, contractors, subsidiaries, affiliates and each person acting by, through, under or in concert with any of them (hereinafter referred to as “Released Parties”) with regard to any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, whether caused by the negligence of the Released Parties or otherwise, while participating in any of the Activities. I further agree to indemnify Defensive Accuracy, LLC, Denise King, Larry Behnke, and Larry DeKam from any claims by third parties relating to the provided training. 8. I acknowledge and consent that Defensive Accuracy, LLC may use my likeness in the form of photographs and/or video, for Defensive Accuracy, LLC’s marketing and training materials including Defensive Accuracy, LLC’s website. 9. The Parties and each of them do hereby assume the above mentioned risks and agree that this agreement shall apply to all unknown or unanticipated results of the transactions and occurrences described above, as well as those known and anticipated, and upon advice of counsel, each party does hereby knowingly waive any and all rights and protections under California Civil Code Section 1542, which section has been duly explained and read as follows: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” 10. The Parties agree that all disputes arising out of this agreement shall be submitted to final and binding arbitration. The arbitrator shall be selected in accordance with the rules of the American Arbitration Association. The arbitrator's award shall be final, and judgment may be entered upon it by any court having jurisdiction thereof. Any award either through arbitration or otherwise shall not exceed the course registration fee paid. THE PARTIES UNDERSTAND AND AGREE THAT THEY ARE WAIVING THEIR RIGHT TO A JURY AND/OR BENCH TRIAL. THE PARTIES UNDERSTAND AND AGREE THEY HAVE BEEN GIVEN THE OPPORTUNITY TO DISCUSS THIS AGREEMENT WITH THEIR/ITS PRIVATE LEGAL COUNSEL IF EACH PARTY SO DESIRES. 11. I understand that the discussion of legal topics is for instructional purposes and is not legal advice. I understand that the payment of the course fee or any discussion inside or outside the classroom related to the course does not result in the formation of an attorney-client relationship. 12. This agreement shall be construed and interpreted pursuant to California law. In the event that any provision of the Agreement is held to be overbroad or unenforceable as written, such provision shall be deemed to be amended to narrow its application to the extent necessary to make the provision enforceable according to applicable law. 13. By signing this Agreement, I represent that I have no criminal convictions, am not currently under indictment or prosecution for any offense, and am not wanted for questioning or arrest by any law enforcement or government agency, am not subject to any restraining or protective order and am not otherwise prohibited from the possession of firearms and ammunition by the State of California. I understand that my training may be terminated without refund of monies paid at any time during the course if my actions are not deemed appropriate by Defensive Accuracy, LLC instructors. 14. I affirm that I have read, understand and agree to be bound by the terms of this agreement. Executed on April 17, 2025 |