WHEREAS, in return for instruction in firearms, martial arts or other training, use of premises and/or for other goods and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Undersigned agrees to the following:
The undersigned agrees to indemnify, hold harmless and defend Emmanuel Martinez DBA as Operation Shield (hereinafter referred to as Operation Shield), and any of its employees, directors, or agents from any and all fault, liabilities, costs, expenses, claims, demands or lawsuits arising out of, related to or connected with the discharge of firearms; the practice of martial arts techniques, combatives, offensive and/or defensive techniques; the course of instruction the Undersigned’s buildings, land and premises used; the Undersigned’s presence on or use of Premises; and any and all acts or omissions of the Undersigned. Should any such claim, demand or lawsuit arise or be asserted in any way related thereto, whether arising under the laws of the United States, Texas, or any other State, or under any theory of law or equity, the Undersigned will indemnify, hold harmless and defend Operation Shield from any and all costs, expenses or liability including, but not limited to, the cost of any settlement or judgment made or rendered against Operation Shield, whether individually, jointly, or in concert with the Undersigned, together with all costs of court and other costs or expenses incurred in connection with any such claim, demand or lawsuit, including attorney’s fees.
The Undersigned waives any and all rights and claims for damages, losses, demands and any other actions, which exist or which may arise against Operation Shield (including, but not limited to any and all injuries, damages or illnesses suffered by the Undersigned or the Undersigned’s property), which may, in any way whatsoever, arise out of, be related to or be connected with: discharging firearms, the Undersigned’s presence on or use of the Premises; the Undersigned’s property (whether or not entrusted to Operation Shield); Operation Shield shall not be liable for, and the Undersigned hereby expressly releases Operation Shield from any and all such claims. This waiver is both personal and on behalf of any minor for whom it is executed.
The Undersigned hereby expressly assumes the risk of taking part in activities which include but are not limited to the discharge of firearms and the firing of live ammunition; and/or observing individuals discharging firearms. These live-fire and training conditions are often aggravated by the weather such that extreme heat, humidity, cold, wind or wet will increase the likelihood of physical danger and exposure to serious bodily injury and or sickness.
The Undersigned furthermore hereby acknowledges and agrees that he/she has read, understands and will always abide by all Operation Shield range rules, procedures, safety rules, and all Range Safety Officer instructions, whether communicated in writing, posted on the Premises and/or communicated verbally. I understand that failure to adhere to such direction may result in my immediate and complete removal from to organization’s training activities
I have read the WAIVER AND RELEASE OF LIABILITY, assuming of risk and indemnity agreement, fully understand its terms, understand that I have given up substantial rights by signing it, I am aware of its legal consequences, 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 allow by law. I have had the opportunity to personally discuss with the instructor the potential dangers incidental to engage during the course and shooting activities and related activities.
This instrument binds the Undersigned and his/her executors, administrators, assignees or heirs and any minor for whom it is signed.
Photo/Video Release Form
I grant permission to Operation Shield and its 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. I hereby release Operation Shield and its legal representatives for all claims and liability relating to said images or video. Furthermore, I grant permission to use my statements that were given during an interview or guest lecture, with or without my name, for the purpose of advertising and publicity without restriction. I waive my right to any compensation.