*** Adults: Must complete once per calendar year. Minors: Parent/Guardian must complete this Agreement and the Minor Consent form for each visit to TDI. ***

NAME:

TELEPHONE #:

ADDRESS:

EMAIL:
EMERGENCY CONTACT NAME(S):

EMERGENCY CONTACT TELEPHONE #(s):

TDI strives to offer firearms, self-defense, and related training in a safe, professional, family-friendly environment and we ask that all Participants act accordingly. Any Participant who commits safety violations, uses inappropriate language, is disrespectful to others, or demonstrates any other inappropriate behavior will be asked to leave and will not receive a refund. All minors must be accompanied by a Parent or Legal Guardian. TDI’s decisions are final. All training materials belong solely and exclusively to TDI and cannot be reproduced or used for any purpose without TDI’s written consent.

Activity Requirements:

• If I am taking a firearms class, I am legally allowed to possess a firearm in the United States and Ohio. All firearms in my possession or control while at TDI are compliant with all applicable law, I can legally possess them, and I can provide appropriate documentation if requested.
• I agree to follow all range and facility rules and directions – specifically including safety rules – whether posted, otherwise provided in writing, or conveyed verbally.
• I will not, at any time at TDI, be under the influence of any legal or illegal substance, including alcohol, that may affect my judgment or cause physical or mental impairment.
• I do not have any injuries or health conditions that make it unsafe for me to participate in this training. If I become injured or ill, or cannot continue with the training for any reason, I will immediately notify TDI personnel.
• If I am pregnant or have any other health condition, I have discussed with my doctor whether I should participate in TDI training activities which may include physical exertion, extreme environmental conditions, potential lead exposure, loud noises, and other risks of handling, being around, or discharging firearms. If I choose to participate, I knowingly and voluntarily accept any associated risks.
• I will not take photos, videos, or audio recordings during class without TDI’s consent, and will not photograph or record TDI personnel or other Participants without their consent.
• At all times I will be respectful towards others. Abusive or offensive language (for example, sexual innuendos, threats, racial or ethnic slurs) will not be tolerated.
• TDI can remove me from training at any time if I am disruptive, disrespectful, or pose a safety risk.

ASSUMPTION OF THE RISK, WAIVER & RELEASE OF LIABILITY, AND INDEMNIFICATION

In consideration for being permitted to enter Benner Tactical Training, Inc. d/b/a Tactical Defense Institute (“TDI”) property, classroom, shooting ranges, and other facilities (the “Facilities”), borrow a firearm or other equipment, shoot, train, and/or observe any activities at the Facilities, I, on behalf of myself, my heirs, successors, and assigns (“Releasor”) agree to read this Agreement fully and completely before signing and further agree that, by signing this Agreement, I explicitly and unequivocally agree to its terms and understands that it is a binding and fully enforceable contract with legal consequences.

This Agreement releases TDI including, but not limited to, its parent company, subsidiaries, affiliates, other related entities, successors, owners, officers, agents, employees, volunteers, instructors, assigns, investors, legal representatives, and all individuals and entities involved in its business operations (“Releasees”).

PLEASE READ CAREFULLY. BY SIGNING THIS DOCUMENT, YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS. IF YOU DO NOT UNDERSTAND ANYTHING IN THIS AGREEMENT, YOU SHOULD NOT SIGN IT, AND SHOULD CONSULT WITH YOUR ATTORNEY.

ASSUMPTION OF THE RISK: Shooting firearms, by its very nature, carries certain inherent risks that cannot be eliminated regardless of the care and steps the Releasees have taken to avoid injuries. I acknowledge that use of the Facilities is a potentially hazardous activity. Potential sources of injury include, but are not limited to, being shot by another person or myself, being hit by debris from a firearm experiencing a catastrophic failure, being hit by ricocheting bullets, being struck by hot brass ejected from firearms used by myself or others, being hit by falling range materials, noise generated by firearms, potential lead exposure, extreme weather conditions, and slipping/tripping and falling. I further acknowledge that entering the Facilities, participating in activities at the Facilities, and/or observing activities at the Facilities (collectively the “Activities”) can cause loss or damage, including, but not limited to, death, paralysis, blindness, hearing loss, tinnitus, disability, illness, other serious physical injuries, mental or emotional injury, and/or property damage.
My participation and presence at the Facilities is purely voluntary and I elect to participate despite, and with full knowledge of, all inherent risks. I personally, knowingly, and voluntarily assume all these risks. By signing below, I personally, freely, and expressly assume and accept all risks outlined above, including but not limited to death, physical injury, illness, mental or emotional injury, property loss or damage, and all other possible losses which might be attributable to Releasees.

WAIVER & RELEASE OF LIABILITY: In consideration for Releasees allowing me to participate in Activities at the Facilities, Releasor agrees to forever release, discharge, and hold harmless the Releasees for all loss, damage, claims, or demands including, but not limited to, causes of action for negligence, gross negligence, strict liability, product liability, and premises liability. This Waiver & Release applies to all potential claims against Releasees, including claims alleging Releasees were negligent in instruction or in the operation, maintenance, and/or design of the Facilities. By signing this document, I am waiving all my rights to sue and/or bring any type of lawsuit, including for ordinary negligence and/or gross negligence, for any loss against any of the Releasees. This Waiver & Release applies to all types of claims, including, but not limited to, death, paralysis, blindness, hearing loss, tinnitus, disability, illness, other serious physical injuries, mental or emotional injury, and/or property damage related to my participation in Activities at the Facilities. This Waiver & Release also applies to the use of firearm(s) and/or safety equipment that I rent or borrow from TDI and to personally owned firearms and safety equipment.

HOLD HARMLESS AND INDEMNIFICATION: I agree to hold harmless and indemnify Releasees from and against all defense costs (including reasonable attorneys’ fees, court costs, and investigative costs) incurred in connection with any claims brought against Releasees whether for death, physical injury, illness, mental or emotional injury, and/or property loss or damage arising from my Activities at the Facilities, including claims that Releasees were negligent or solely at fault. If I file a lawsuit or other legal action against Releasees that is barred by this Agreement, I agree to reimburse Releasees for all costs they incur in the defense of such lawsuit or action, including reasonable attorneys’ fees, court costs, and investigative costs. This provision applies to the fullest extent permissible by law, and applies in all situations, including where the Releasees are solely at fault.

USE OF FIREARMS: I am legally permitted to own, possess, and use firearms in the Facilities and elsewhere, and all firearms I bring to TDI are legally compliant and possessed in compliance with applicable law. I will seek immediate assistance from TDI personnel should I become unsure about how to handle or use any firearm in a safe manner. I have read and understand the posted Range Rules and other safety signage and agree to comply as a condition to my presence at and use of the Facilities. I am not under the influence of alcohol, illegal drugs, or any other substance that could impair my ability to safely possess and use a firearm and will not use or be under the influence of any such substances at any time on the Facilities.

PHOTOS: TDI may take photos and videos of the Activities. Unless I have notified TDI otherwise in writing, I grant TDI permission to take photos and videos of me, which may be used for educational, archival, or promotional purposes. I hereby grant TDI a free, perpetual, world-wide license to use such photos and videos.

MISCELLANEOUS: Every term and provision in this Agreement is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable. This Agreement and any claim, controversy, or dispute arising under or related to this Agreement shall be construed in accordance with and governed by the laws of the State of Ohio without reference to its conflict of laws principles. Should litigation arise under or about this Agreement, I agree the litigation must be brought in a court of TDI’s choosing located in Ohio and I waive my right to a jury trial. This Agreement was provided to me in advance and is entered into voluntarily after careful consideration including consultation with an attorney if desired. It is binding upon the person signing below, their heirs, successors, assigns, executors, administrators, wards, minor children, and other family members. This Agreement shall remain in effect and cover future occasions on which I participate in Activities at the Facilities after the date on which this Agreement is signed. My obligation to Indemnify and Hold TDI Harmless shall survive any termination or expiration of this Agreement.

BY SIGNING BELOW, I HEREBY CERTIFY THAT I AM OVER THE AGE OF 18 AND MENTALLY COMPETENT, HAVE READ THIS AGREEMENT, UNDERSTAND IT, HAVE SOUGHT ADVICE OF COUNSEL IF DESIRED, ACCEPT ALL OF ITS PROVISIONS, AND VOLUNTARILY AGREE TO BE BOUND BY IT.