Waiver

THIS IS A BINDING LEGAL AGREEMENT. Read it carefully before signing. By signing this Agreement, you (the “Participant”) are waiving important legal rights, including the right to sue or claim compensation following an accident, injury, or death. For purposes of this Agreement, Tactical Badge Academy means Tactical Badge Academy and its officers, officials, directors, members, instructors, owners, shareholders, employees, agents, and representatives.

1. Agreement to Follow all Safety Rules and Directions

In consideration for me (the “Participant”) being permitted access and use of any and all shooting, training courses and sessions, and practice ranges of Tactical Badge Academy, its partners or leased ranges, whether used for live or virtual fire, in any capacity (the “Range”), including, if applicable, Tactical Badge Academy ‘s property of any form, tangible or intangible, including real estate, buildings, erections, goods, products, firearms, ammunition, devices, equipment, or any object owned, whether wholly or partially by Tactical Badge Academy, (collectively, “Property”), I, (Participant), hereby agree to follow and comply with the written safety rules, Range procedures, and directions, whether written or oral, of Tactical Badge Academy.

2. Non-Prohibited Person Declaration

By signing this Agreement, I declare that:

• I am not currently under indictment and have never been convicted in any court of a crime that could have been punished by serving time in jail, regardless of the actual sentence imposed.
• I am not an unlawful user of, or addicted to, drugs or any depressant, stimulant, narcotic drug, or any other controlled substance; and I will not be under the influence of alcohol or any illegal, prescription or over-the-counter drug while using the Range and/or participating in related activities.

• I have never been adjudicated mentally defective or committed to a mental institution; and I am not subject to a court order restraining me from harassing, stalking, or threatening any person, my child or an intimate partner or child of such partner.

• I am not prohibited of using, handling, owning, transferring and/or training with firearms and/or ammunitions or similar devices or equipment.

3. Assumption of Risk:

I understand that my use of Tactical Badge Academy’s Range and Property involves numerous serious risks, including the risk of death, serious physical injury, and Property damage. These risks involve, but are not limited to, the risk that I may be injured by: shooting myself or being shot by someone else; being injured by ricochet bullets or fragments, splatter or splash back from targets, target frames or the Range backstop; risk of firearms or ammunition exploding or bursting; risk of falling, slipping, tripping or stumbling anywhere in the Range or on the Property; risk of suffering serious eye injury or blindness, hearing loss or deafness, brain damage, lead poisoning, broken bones, paralysis, sprains, strains, burns, cuts and other injuries resulting from use of the Range and Property; risks of emotional and psychological injury; and other risks too varied and numerous to specify. I understand and acknowledge such risks, and hereby knowingly, voluntarily and expressly choose to use the Range and Property and hereby assume full and exclusive responsibility for all such risks, known and unknown, associated with, because of, arising out of, in connection with or in relation to the use of the Range and/or Property, including those which may be caused by the negligence or claimed negligence of The Range and/or Property.

4. Waiver and Liability Release

I (the “Participant”) agree to assume full responsibility for any and all damages, including, but not limited to, personal injury, death, disability, medical and/or other expenses, which I may sustain associated with, because of, arising out of, in connection with or in relation to my use of Tactical Badge Academy’s Range and/or Property. I hereby forever release, discharge, and agree not to sue Tactical Badge Academy, its members, officers, directors, instructors, employees, agents, insurers, representatives, assigns, affiliates, and others acting on its behalf (collectively, the “Releasees”) from and/or for all claims, liabilities of any kind, demands, damages (including but not limited to direct, indirect, incidental, special and/or consequential damages), losses, costs (including but not limited to court costs, attorneys’ fees and litigation expenses arising from any legal proceedings which I might bring contrary to this Agreement, actions, or causes of action of any kind or nature (whether they occur now or in the future, and whether they are known or unknown), that may be associated with, because of, arising out of, in connection with or in relation to my use of the Range and/or Property (collectively “Claims”). I hereby waive any right I may have to make Claims against the Releasees for any damages sustained by me that may directly or indirectly be associated with, because of, arising out of, in connection with or in relation to my use of the Range and/or Property. I understand and agree that the foregoing waiver and liability release applies even if the Claims are caused by the negligent acts, omissions, or carelessness of any of the Releasees. I understand and agree that the foregoing waiver and liability release applies to myself as well as my spouse, children, parents, guardians, heirs, administrators, personal representatives, successors, assigns, or any other person who might submit a Claim or sue on my behalf. This Waiver and Liability Release includes, without limitation, Claims related to (i) my use of the Range and Property, (ii) the condition and maintenance of the Range and Property, and (ji) the content and sufficiency of instruction and training, if any, which may be provided.

5. Hold Harmless and Indemnification

I shall indemnify and hold harmless Tactical Badge Academy and Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, arising out of, or resulting from, any claim of a third party related to my use of the Range and/or Property and arising from my conduct or actions. I hereby agree to pay Tactical Badge Academy for loss or damage due to my own intentional act, negligence, or carelessness.

6. General Conditions

• To the extent that any provision of this Agreement is held to conflict with or be unenforceable under applicable law, I agree that this Agreement shall be modified by the Court to the least extent possible to render it enforceable and shall be enforced as so modified.

• I hereby further agree that this Agreement shall be construed in accordance with the laws of the Province of Ontario and that any legal dispute arising hereunder will be litigated in the courts of the Province of Ontario. I accept the personal jurisdiction of the courts of the Province of Ontario, and I waive my right to a jury trial in connection with any such legal dispute. If my jury trial waiver is deemed unenforceable, then I agree that any dispute shall be resolved by common law arbitration. If any portion of this Agreement is deemed unenforceable, the remainder shall be given full force and effect.

BY SIGNING BELOW, I AFFIRM THAT I HAVE READ THIS ENTIRE RELEASE OF LIABILITY, WAIVER OF CLAIM, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENTS, AND THAT I AM INTENTIONALLY AND VOLUNTARILY SIGNING IT AS A CONDITION OF MY USE OF THE RANGE AND/OR PROPERTY AND WITH THE INTENT TO BE LEGALLY BOUND.