For Participants in the Training Class (the “Class”)
I, the undersigned, agree to the following terms and conditions in order to participate in the Class held and instructed by AGAPE Tactical, LLC, a Tennessee limited liability company (“AGAPE”), including Ken Alexandrow and any other individuals utilized by AGAPE for the Class (the “Instructors”), on and in the premises of which the Class is conducted (the “Facilities”).
I acknowledge and agree that Activities may involve or include:
- Activities that could result in harm or injury to me and involve risks and dangers of serious bodily injury, including permanent disability, paralysis and death, and property damage (“Risks”);
- Risks which may be caused by my own actions or inactions; the actions of inactions of other participants, the equipment used, the conditions in which the Activity takes place or the negligence of Releasees as named below;
- Other Risks and other social, health and economic circumstances that may create Risks that are not known to us and might be foreseeable to us at this time; and
- Activities that may take place in or at the Facilities or elsewhere.
I acknowledge that myself and the Releasees defined below may use goods or equipment obtained from third parties, and that the Releasees makes no warranty as to the quality, safety, construction or suitability of such goods or equipment.
I understand that the Class is physical in nature, that I and other participants in the Class will be training in self defense, and that there are inherent dangers involved in participation in the Class, whether as result of an injury to myself or a medical condition that may be manifested or aggravated by Class activities. Specifically, I acknowledge that social distancing may not always be possible depending on the circumstances and that it is impossible to prevent the potential exposure to COVID-19.
I have had the opportunity to consult with a physician to determine whether my health and physical condition are suitable to participate in the Class. I agree to behave in a safe and responsible manner, to follow all rules and instructions provided to me by the Instructors, and to only perform those Class activities that I am comfortable performing and that I feel I can accomplish safely. I understand that if I do not inform the Instructors of any particular physical or mental infirmity that affects me and of which I am aware, the Instructors will not know of my condition and will not be in a position to alter any activities or encourage me to skip any activities.
I hereby acknowledge that self defense training may involve dangerous activities and involves both known and unknown risks that could result in serious bodily injury to or death of myself and/or other persons, and/or damage to or loss of property. I further acknowledge that AGAPE does not own or operate the Facilities in which the Class is conducted and is not responsible for the condition of the Facilities. I further acknowledge that the condition of the Facilities, and the Class activities to be performed thereon, involve both known and unknown risks that could result in the foregoing described injuries, death and/or damage.
I hereby assume all any and all risks, known and unknown, of personal injury, sickness, death, property damage and related costs and expenses as a result of participation in the Class and the various activities involved therein.
In consideration of my ability to participate in Activities on the Premises, I agree to waive, release and discharge the Facilities’ owner(s) and operator(s), AGAPE, the owners of AGAPE, the Instructors, and their affiliates, subsidiaries, parent companies, officers, directors, employees, agents, attorneys, representatives and their respective assigns, predecessors, and successors, and all persons acting under, by, through, or in concert with any and each of them, (all are referred to herein as “Releasees”) from any and all liability or claims, actions, obligations, costs, expenses, losses, suits, debts, rights, damages and benefits of whatever character, in law or in equity, known or unknown, suspected or unsuspected, of any nature whatsoever (“Claims”) whether for any personal injury, physical and mental, death and property damage associated with my participation in Activities.
I further agree to hold harmless and indemnify the Releasees from any and all Claims arising out of or in any way relating to my participation in any and all Activities.
I acknowledge that any Risk may be compounded by assistance, whether or not negligent, (“Assistance”) of Releasees or others. I consent to any Assistance rendered by Releasees, if present, as Releasees determine and release Releasees from any liability or Claims arising from Releasees’ decision to provide or not provide such Assistance.
I knowingly and freely assume and accept all risks associated with my participation in the Activities, whether caused by the negligence of the Releasees or others. I am voluntarily participating in the Activities with knowledge of the dangers involved.
I consent to any emergency medical treatment that Releasees might deem necessary and release Releasees for any liability arising from their decision to provide me with, or call upon others to provide me with, emergency medical treatment and/or transportation.
I understand and agree that during the Activities, I may be photographed and/or videotaped by the Releasees for internal and/or promotional use. I hereby grant and convey to the Releasees all right, title, and interest, including but not limited to, any royalties, proceeds, or other benefits, in any and all such photographs or recordings, and consent to the Releasee’s use of my name, image, likeness, and voice in perpetuity, in any medium or format, for any publicity without further compensation or permission.
I agree and understand that this Agreement is the entire Agreement regarding this subject matter herein and supersedes any prior understanding. This Agreement is binding upon and inures to the benefit of the Releasees. Any matter arising under this Agreement shall be governed by Tennessee law, without giving effect to any choice or conflict of law rule, and any cause of action may only be brought in the federal and state courts of Williamson County, Tennessee. I understand that this Agreement is intended to be as broad and inclusive as permitted under law. If any portion of the Agreement is not valid, the remainder of the Agreement shall be in full force and effect.
I agree that this Agreement is binding upon my heirs, assignees and personal representatives.
I represent that I am of legal age and have the legal capacity to sign this Agreement.