DARK EARTH TACTICAL (PTY) LTD
Release and Waiver of Liability and Indemnity Agreement
(Read Carefully Before Signing/Agreeing)
In consideration of being permitted to participate in any way in the courses, events, activities and training with Dark Earth Tactical and its Instructors, Clients, Students, Members, Associates, Affiliates and Contractors which participation shall include firearms instruction, the discharge of firearms as well as the use and instruction of various other self defense related weapons, medical training, tactics, techniques and skills (collectively and hereafter referred to as TRAINING) and/or being permitted to enter for any purpose any restricted area (here in defined as any area where in admittance to the general public is prohibited), the participant or the parent(s) and/or legal guardian(s) of the minor participant named below agree:
The participant (or the parent(s) and/or legal guardian(s) in the case of a minor participant will instruct the minor participant that) prior to participating in the below TRAINING activity or event, should inspect the facilities and equipment to be used, and if he or she believes anything is unsafe, the participant should immediately advise the officials of such condition and refuse to participate. I understand and agreed that, if at any time, I feel anything to be UNSAFE, I will immediately take all precautions to avoid the unsafe area and REFUSE TO PARTICIPATE further.
I fully understand and acknowledge that:
- There are risks and dangers associated with participation in TRAINING events and activities which could result in bodily injury partial and/or total disability, paralysis and death.
- The social and economic losses and/or damages, which could result from these risks and dangers described above, could be severe.
- These risks and dangers may be caused by the action, inaction or negligence of the participant or the action, inaction or negligence of others, including, but not limited to, the Releasees named below.
- There may be other risks not known to us or are not reasonably foreseeable at his time.
I voluntarily accept and assume such risks and responsibility for the losses and/or damages following such injury, disability, paralysis or death, however caused and whether caused in whole or in part by the negligence of the Releasees named below.
I/WE HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE DARK EARTH TACTICAL or any facility used by the participant, including its owners, managers, promoters, lessees of premises used to conduct the TRAINING event or program, premises and event inspectors, underwriters, consultants, land owners, and others who give recommendations, directions, or instructions to engage in risk evaluation or loss control activities regarding the facility or TRAINING events held at such facility and each of them, their directors, officers, agents, employees, all for the purposes herein referred to as “Releasee”…FROM ALL LIABILITY TO THE UNDERSIGNED, my/our personal representatives, assigns, executors, heirs and next to kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT(S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE (BUT NOT THE GROSS NEGLIGENCE) OF THE RELEASEE OR OTHERWISE.
I HEREBY acknowledge that THE ACTIVITIES OF THE TRAINING EVENT(S) ARE POTENTIALLY VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED, INCLUDING DEATH MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
EACH OF THE UNDERSIGNED further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province or State in which the event is conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect.
On behalf of the participant and individually, the undersigned partner(s) and/or legal guardian(s) for the minor participant executes this Waiver and Release. If, despite this release, the participant makes a claim against any of the Releasees, the parent(s) and/or legal guardian(s) will reimburse the Releasee for any money which they have paid to the participant, or on his behalf, and hold them harmless.
I understand that the above mentioned TRAINING activities are voluntary and recreational in nature.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING/AGREEING TO IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
MY ENTRY/SIGNATURE BELOW CONSTITUTES MY AGREEMENT TO ALL AFFIRMATIONS, REPRESENTATIONS, TERMS, CONDITIONS AND LIMITATIONS OF LIABILITY CONTAINED HEREIN.