Please Submit the form below to agree to the following terms
I, _________________________________________, hereby assume all risks by agreeing to the following:
1. That I am voluntarily participating in a Training Course offered by Berserker Tactical, LLC. I understand the risks and hazards involved, and I recognize serious and life-threatening injuries can occur while carrying or using a firearm, engaging in martial arts, participating in Course, or later from the materials presented, whether caused by the passive or active negligence of Berserker Tactical , LLC or its representatives, its entities or otherwise.
2. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the Course. I represent that I am physically fit and I have no medical, psychological, or any other condition, which would prevent my full participation in the Course.
3. I realize that liability may arise from carelessness or negligence on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them or because of their possible liability without fault.
4. In consideration of being permitted to participate in the activities of the Course, I agree to assume full responsibility for any and all risks, injuries, or damages, known or unknown, which I might incur as a result of participating in the training Course.
5. I understand that this type of training may result in minor injuries such as bruises and lacerations.
6. I certify that if I am over the age of fifteen (15) and under the age of eighteen (18) at the time of the course, I will be accompanied by my legal guardian during the Class. If I am over the age of eighteen (18) at the time of the course, I certify that I am legally permitted to be in possession of a handgun and/or firearm for training purposes. Participants under the age of fifteen (15) are unable to attend a course.
7. I hereby authorize Berserker Tactical LLC to seek qualified medical assistance to care for me in the event of injury or other medical condition requiring treatment and to administer emergency care during this Course.
8. I also voluntarily assume all risks that I may be exposed to or infected by COVID-19 as a result of participation in the Course, and that such exposure or infection may result in personal injury, illness, sickness, and/or death. I understand that the risk of exposure or infection may result from the actions, omissions, or negligence of myself, Berserker Tactical LLC staff or agents, other Course participants, or others not listed, and I acknowledge that all such risks are known to me.
9. I agree that if the instructor believes that I am or will be involved in criminal activity, the instructor will expel me from the Course with no refund. I also agree to hold the parties covered in this waiver not liable for slander and/or libel as part of being expelled.
10. I agree that if the instructor believes that I am or will be unsafe or dangerous, the instructor can expel me from the Course with no refund. I also agree to hold the parties covered in this waiver not liable for slander and/or libel as part of being expelled.
11. I understand that photos and video may be taken during the Course and I grant permission to Berserker Tactical LLC, agents, and employees the irrevocable and unrestricted right to reproduce the photographs and/or video images taken of me, or members of my family, for the purpose of publication, promotion, illustration, advertising, or trade, in any manner or in any medium.
12. I understand that I must sign this release of liability and photo waiver and fully comprehend the structure and nature of the Course, and also the risks involved before being allowed to participate in this Course. I have read the above release and waiver of liability and fully understand its contents. I have been informed of all risks involved and I voluntarily agree to the terms and conditions stated above.
13. I agree that if any provisions of this release are held to be invalid, nevertheless, the balance of the release shall continue in full force and effect.
14. INDEMNIFICATION. In further consideration of Berserker Tactical LLC accepting me, __________________, as a student and allowing me to participate in its course offering(s), I hereby EXPRESSLY AGREE TO INDEMNIFY, DEFEND, and HOLD HARMLESS Berserker Tactical LLC and its successors, assigns, insurers and reinsurers, servants, agents, contractors of all tiers, officers, directors, members, employees, attorneys, owners, parents, subsidiaries, affiliates, customers, instructors, and all other persons, firms, or corporations for whom it may be vicariously liable (collectively referred to as the “Released Parties”) from any and all liability of claims, demands, and/or actions of any kind or nature arising out of and/or related to my participation in the Course whether asserted by me and/or anyone claiming to be asserting a claim in any capacity on my behalf against the Released Parties. It is expressly agreed and acknowledged by me that the indemnity agreement herein discussed extends to all claims or allegations of negligence (whether sole or concurrent) against the Released Parties (i.e., the indemnitees are being indemnified with respect to their own negligence). I ACKNOWLEDGE THAT I HAVE REVIEWED THIS INDEMNITY AGREEMENT AND REPRESENT THAT I HAVE ACTUAL KNOWLEDGE OF THIS INDEMNITY AGREEMENT. IT IS EXPRESSLY AGREED AND ACKNOWLEDGED BY ME THAT THIS INDEMNITY AGREEMENT MEETS THE “EXPRESS NEGLIGENCE” AND “FAIR NOTICE” REQUIREMENTS OF ARIZONA LAW.
15. CHOICE OF LAW AND FORUM. This Agreement shall be governed exclusively by the laws of the State of ARIZONA without regard to or application of conflict of law rules or principles. Any dispute arising out of or related to this Agreement shall be brought exclusively in the in the Superior Courts of Graham County, Arizona.