WAIVER, RELEASE OF LIABILITY, INDEMNIFICATION AND CONSENT TO MEDICAL ATTENTION
In consideration of and as a new condition to me being allowed to participate in any tactical medical training by Tactical Medics Group, I hereby expressly state and agree to be bound by:
1. Voluntary Participation: Physical and Mental Health. I understand that the use of the facility is voluntary. I hereby represent that I am in good physical and mental health and that I have no reason to believe that I am not in good physical and mental health.
2. Obligation to inspect the facility and equipment. I agree that prior to use I shall inspect the facility and equipment to be used. If I believe, there is anything unsafe I will immediately advise any of Tactical Medics Group instructors of such unsafe condition and shall not use the facility or such equipment until it is repaired or replaced.
3. Identification of Risks. I understand that my use of the facility and the equipment therein involves risk of property damage, injury, without limitations, sprains and strains, lacerations, contusions, heat and cold illness or injuries, brain and spinal cord injuries that may cause paralysis, possible disability and death. I understand that my personal medical condition could be exacerbated by such tactical medical training either during the course of training of after the course has been completed. I understand the nature and seriousness of these risks and voluntarily assume, incur, and accept these risks or chose not to participate.
4. Assumption of Risk. I acknowledge and understand that various types of firearms will or maybe be used at this event, and that they will or maybe, be all around me at all times, and that such firearms are designed as weapons that fire projectiles at extremely high speeds, such that the impact of the projectiles with a human body will likely result in serious injury or death.
5. Physical Condition: I understand that before beginning or changing any physical training, exercise program, or athletic activity, it is recommended that I consult with a physician. I am physically and psychologically ready to use the facility and assume all risks, known or unknown, foreseeable of unforeseeable, connected with my use of the facility. I accept the personal responsibility for any liability, injury, loss or damage in any way connected with my use of the facility and or the equipment of the facility.
6. Waiver & Release: I HEREBY WAIVE, RELEASE, COVENANT NOT TO SUE AND FOREVER DISCHARGE TACTICAL MEDICS GROUP AND THE FACILITY THAT THE TRAINING IS HELD AT, IT’S AFFILIATED ORGANIZATIONS, DIRECTORS, OFFICERS, SHAREHOLDERS, GENERAL PARTNERS, LIMITED PARTNERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY REFERRED TO TACTICAL MEDICS GROUP) FROM ANY AND ALL CLAIMS, RIGHTS, DEMANDS,AND CAUSES OF ACTION, OF ANY KIND WHATSOEVER, FOR
LIABILITY, INJURY, LOSS OR DAMAGE THAT IS PHYSICAL, MENTAL, PECUNIARY, KNOWN, UNKNOWN, FORESEEN, OR UNFORESEEN IN ANY WAY CONNECTED WITH THE USE OF THE FACILITY OR THE EQUIPMENT LOCATED THEREIN OR MY PRESENCE ON OR ABOUT THE FACILITY, WHETHER OR NOT CAUSED IN THE WHOLE OR PART BY THE NEGLIGENCE OF TACTICAL MEDICS GROUP. I INTEND FOR THIS, ESTATE, PERSONAL REPRESENTATIVES, HEIRS, BENEFICIARIES, NEXT OF KIN OR ASSIGNORS WHO MIGHT PURSUE ANY LEGAL ACTION OR CLAIM FROM ANY AND ALL CLAIMS, RIGHTS DEMANDS, AND CAUSES OF ACTION, OF ANY KIND WHATSOEVER, FOR ANY LIABILITY , INJURY, LOSS OR DAMAGE I MAY SUSTAIN OR THAT IS SUFFERED BY ME WHILE ENTERING, EXITING, OCCUPYING, OR USING PROPERTY REAL OR PERSONAL, IN WHICH TACTICAL MEDICS GROUP HAS AN INTEREST, WHETHER OR NOT SUCH INJURIES, LOSSES, OR LIABILITIES ARE CAUSED IN WHOLE OR PART BY THE NEGLIGENCE OF TACTICAL MEDICS GROUP OR ANY OTHER PERSON.
6. Harmless & Indemnify: I hereby agree to hold harmless and indemnify Tactical Medics Group from any and all causes of action, judgments or claims that may come about as a direct or indirect result of my participating in any medical training or physical activity. The indemnification shall include all causes of action, judgments, or claims that may come about as a direct or indirect result of the negligence, in whole or part, of Tactical Medics Group OR ANY OTHER PERSON.
7. Medical Treatment: I agree that Tactical Medics Group or any other representative thereof, may, but has no duty to, provide you with medical assistance if injured during the scheduled training evolutions. If unable due to injury, emergency transportation will be provided by EMS to facility capable of dealing with your condition. That you agree to be solely responsible for all medical expenses incurred with your use of the facility, transportation, medical/hospital fees.
8. Applicable Law: Choice of Venue. This Waiver, Release of Liability, Indemnification, and Consent to Medical Attention are interpreted as consistent with the Laws of the State of Texas. Neither party shall commence any litigation against the other arising out of this Waiver, Release of Liability, Indemnification, nor Consent to Medical Attention or its termination except in a court located in Brazoria County, Texas. Each party herby consent’s to the jurisdiction over it by, and exclusive venue in, the courts located in Brazoria County, Texas.
9. Severability. I understand that this Waiver, Release of Liability, Indemnification, and Consent to Medical Attention is intended to be as broad and inclusive as permitted by law and that if any portion of hereof is held invalid, I agree that the balance shall continue in full legal force and effect. I further agree that if this Waiver, Release of Liability, Indemnification, and consent to Medical Attention, is not valid as such in Texas, it should be construed as a covenant not to sue.
I HAVE READ THIS WAIVER, RELEASE OF LIABILITY, INDEMNIFICATION AND CONSENT TO MEDICAL ATTENTION AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I AM SIGNING THIS WAIVER, RELEASE OF LIABILITY, INDEMNIFICATION AND CONSENT TO MEDICAL ATTENTION VOLUNTARILY.