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RELEASE OF LIABILITY AND ASSUMPTION OF RISK
The individual named below (referred to as “I” or “me”) desires to participate in the Activities, as defined below, and provided by Really Epic Tactical Training and Fitness, LLC, a Utah limited liability company (the “Company”). As lawful consideration for being permitted by the Company to participate in the Activities, I agree to all the terms and conditions set forth in this Release of Liability and Assumption of Risk (this “Release”).
As used herein, the “Activities” means fitness, first aid, and/or self-defense training activities, including but not limited to the following: (a) fitness conditioning and training in Krav Maga and/or other martial arts; (b) firearms training (including access to live ammunition and/or man marking rounds); and/or (c) first aid and advanced medical training (including access to medical tools and equipment and live ammunition and/or man marking rounds).
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers, directors, employees, agents, affiliates, members, successors, and assigns (collectively, “Releasees”), arising out of or attributable to my participation in the Activities, including but not limited to claims on account of injury, death, or property damage, and whether arising out of the negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by indemnified party, arising out or resulting from any claim of a third party related to the Activities.
This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and their respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Salt Lake County, Utah, and I hereby consent to the exclusive jurisdiction of such courts.
BY ACCEPTING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.
Your participation in any private training session (a “Private Session”) or any training course or class (a“Course”), including seminars, or conferences, provided by Really Epic Tactical Training and Fitness, LLC (“we” or “Tactical Fitness”) is subject to these Terms and Conditions (the “Terms”). Courses and Private Sessions are referred to herein collectively as “Training.” If you do not accept and agree to these Terms, you may not participate in any Training.
1. Release of Liability.
Before participating in any Training you must complete and sign our Release of Liability and Assumption of Risk (“Release”).
2. Participant Requirements.
To participate in any Training:
IF THE TRAINING INVOLVES FIREARMS TRAINING, YOU MUST BE A CITIZEN OR A LAWFUL PERMANENT RESIDENT OF THE UNITED STATES OF AMERICA.You must be at least 18 years of age at the time of the Training (except as set forth inSection 3 below).All information you provide to us about yourself, including but not limited toinformation you provide in your Training application or the Release, must be completeand accurate.You must provide valid identification to verify that you are the person enrolled for theapplicable Training.You must accept and follow all safety procedures and other policies we implement.3. Minor Participants.
Persons ages 13–17 may participate in Training only if accompanied by a parent or legal guardian andafter both they and their parent or legal guardian have signed our ADDENDUM TO TRAINING TERMSAND CONDITIONS FOR PERSONS UNDER 18 YEARS OF AGE confirming approval to train with Tactical Fitness. Persons under the age of 13 may not participate in Training.
4. Scheduling and Cancellation
Availability. Each Course is open to a limited number of participants and is available on a first come, first serve basis. Private Sessions may be scheduled as agreed upon by Tactical Fitness and the participant(s).
Fees and Payment. All Course or Private Session fees must be paid at the time of registration. FEES ARE NONREDFUNDABLE EXCEPT AS EXPLICITLY SET FORTH IN SECTION 4.3 OR SECTION 8 .
Cancellation of Courses by Tactical Fitness. Tactical Fitness will cancel any Course for which a minimum number of participants do not register, and reserves the right to cancel any Course at any time and for any reason. If Tactical Fitness cancels a Course pursuant to this Section 4.3, it will offer a refund to all registered participants.
Cancellations, No-Shows, and Rescheduling –Courses. You may cancel your registration in any Course at least seven (7) days before the start of such Course, and Tactical Fitness will allow you to credit your Course fee toward a future Course, provided such course starts no later than one (1) year after the start date of the original Course. If you cancel your registration in any Course fewer than seven (7) days before the start of such Course, or if you do not show up for a Course, you will not receive a refund and you may not credit your Course fee toward a future Course.
Cancellations, No-Shows, and Rescheduling – Private Sessions. You may cancel any Private Session at least twenty-four (24) hours in advance, and Tactical Fitness will allow you to reschedule such Private Session. If you cancel your appointment for a Private Sessionfewer than twenty-four (24) hours in advance, or if you do not show up for your Private Session, you will be deemed to have attended such Private Session for billing purposes.
5. Your Health
You warrant that you are in good physical condition and you know of no medical or other reason why you cannot or should not do active or passive exercise. You recognize that Tactical Fitness instructors are not able to provide you with medical advice with regard to your fitness, and that the information provided by Tactical Fitness instructor(s) is provided solely as a guideline to the limitations of your ability to exercise. You agree to not hold any certified trainer or directors of Tactical Fitness liable for any injury that may occur during a Training session.
When you register for a Course or Private Session, you will receive a list of equipment required for participation in such Training. You are responsible for providing such equipment. In some cases, required equipment may be available to rent from Tactical Fitness. If you do not have the required equipment, Tactical Fitness may refuse to allow you to participate in the Course or Private Session, and you will not receive a refund.
Tactical Fitness will provide you with a certificate of completion upon your successful completion (as determined by Tactical Fitness) of a Course or Private Session in its sole discretion. Tactical Fitness is not an accredited educational institution and does not represent or warrant that any certificate it provides will be accepted by any third party.
8. Modification to these Terms.
Tactical Fitness may update these at any time in its sole discretion. If Tactical Fitness materially modifies these Terms between the date you register for a Course or Private Session and the date of such Training, you will be notified of such modification using the contact information you provided when registering. If you do not agree to the modified Terms, you will have the opportunity to cancel your registration and receive a refund.
9. Use Of Your Image.
You agree to allow Tactical Fitness to take videos or photos of Training participants to use for promotion purposes from time to time, and agree that these Terms constitute notification that these assets may be publicly posted.
10. Disclaimer of Warranties
You acknowledge and agree that Tactical Fitness Training and any information provided therein is for informational purposes only. Tactical Fitness hereby disclaims all warranties, whether express, implied, statutory, or otherwise under these Terms. Tactical Fitness specifically disclaims all implied warranties of fitness for a particular purpose and all warranties of Training outcomes.
You agree not to photograph or record any Training, in whole or in part, without the written consent of Tactical Fitness.
You may receive printed materials and other media content (“Content”) in connection with any Training in which you participate. All intellectual property or proprietary rights in and to Content belong to Tactical Fitness. You may use Content for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any Content.
If any provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms or invalidate or render unenforceable such provision in any other jurisdiction. Whenever possible, each provision of these Terms will be construed in a manner as to be effective and valid under applicable law, but in case any provision contained in these Terms is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that provision will be ineffective only to the extent of that invalidity, illegality, or unenforceability without invalidating the remainder of that provision or any other provisions in these Terms, unless that construction would be unreasonable.