All persons participating in Magen Am training and other activities shall be bound by this Release and Hold Harmless Agreement (the "Agreement").
- Acknowledgement of Danger. I acknowledge that engaging in sport shooting, tactical training, or fighting classes, is dangerous. I further acknowledge that no matter what precautions I may take, including but not limited to the wearing of various types of protective gear (including hearing and eye protection, gloves and headgear), that I could experience an injury of a very serious nature and/or die as a result of an accident or incident. I, therefore, engage in such activities voluntarily and at my own risk.
- Assumption of Risks. I acknowledge and represent that I am familiar with the significant risks and dangerous nature, including but not limited to causing death or serious bodily injury to myself and others and causing damage(s) to property, which originates from participating and otherwise engaging in sport shooting, tactical training, and fighting classes. I hereby assume any and all responsibilities and liabilities pertaining to such risks, whether to myself or to others and without limitation or qualification. There have not been any express or implied representations to me on behalf of Magen Am USA, except as set forth in this Agreement.
- Physical and Mental Condition. I attest and acknowledge that at the time of signing this Agreement that I am in sufficient physical and mental condition to engage in shooting, tactical training, fighting classes, and other Magen Am USA activities.
- Condition of Equipment. Prior to engaging in any sport shooting at the Shooting Range, I have determined that, by professional standards, my shooting equipment, ammunition, and all corresponding items are in good condition and suitable for the shooting and other activities contemplated by this Agreement.
- Comprehensive Release. I do hereby, on behalf of myself and my heirs, executors, administrators, assignees and legal and personal representatives, unconditionally and irrevocably release and discharge Magen Am USA, their successors, assignees, owners, members, managers, officers, directors, shareholders, employees, agents, representatives, attorneys, independent contractors, subsidiaries, and affiliates and each, every and all persons acting by, through, under or in concert with any of them (collectively, “Released Parties”), from any and all liability. I further do hereby on behalf of myself and my heirs, executors, administrators, assignees and legal and personal representatives agree not to sue, or otherwise initiate legal, equitable or similar action or to otherwise file a complaint or other action for controversy resolution or otherwise seek losses, costs or expenses of any nature whatsoever, known or unknown, suspected or unsuspected, fixed or contingent, including without limitation, wrongful death, and any and all personal injuries, known or unknown, and death and/or personal injuries to third parties, and injuries to property, real or personal, known or unknown, against any of the Released Parties, caused by any reason whatsoever related to my participation in tactical shooting, fighting classes, or other Magen Am USA activities. This Release shall pertain to any claims which were known or unknown, anticipated or unanticipated at the time of my joining and participation in Magen Am USA activities, including any information of any nature which, if known by me on the date of said execution, may have materially affected my decision to execute this Release.
- WAIVER OF CALIFORNIA CIVIL CODE SECTION 1542. I acknowledge and agree that by reason of the Release set forth in Paragraph 5 above, I am assuming all risk of bodily injury, death or property damage and all other unknown and unanticipated claims, and I agree that my Release of all Released Parties contained in this Release applies thereto. In connection therewith, I expressly waive whatever benefits I may have under Section 1542 of the California Civil Code, which reads as follows: “A General Release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
- Indemnity. I hereby indemnify, without qualification or limitation, the Released Parties and defend and hold the Released Parties harmless from and against any and all claims, causes of action, demands or charges of every kind and nature, which any third party or person may claim to have or to hold for property damage or personal injuries or any other damages including death, arising from any cause or reason, of every kind and nature pertaining to this Agreement originating from my relationship with any of the Released Parties and any activity directly or indirectly arising from or contemplated by this Agreement.
Video/Photograph Release
- All Magen Am USA activities may be photographed and/or video recorded. Magen Am USA reserves the right to send marketing and advertising materials to my email address of record.
- I grant to Magen Am USA the irrevocable right and permission to use photographs and/or video recordings of me on websites and in publications, promotional flyers, educational materials, derivative works, or for any other purpose without compensation to me.
- I understand and agree that such photographs and/or video recordings of me may be placed on the Internet. I also understand and agree that I may be identified by name and/or title in print, Internet or broadcast information that might accompany the photographs and/or video recordings of me. I waive the right to approve the final product. I agree that all such portraits, pictures, photographs, video and audio recordings, and any reproductions thereof, and all plates, negatives, recording tape and digital files are and shall remain the property of Magen Am USA.
- I hereby release, acquit and forever discharge Magen Am USA, their agents, officers, manager, members, employees and assignees from any and all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use or distribution of said photographs and/or video recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation.
- Governing Law; Attorney’s Fees. This Release Agreement shall be governed by, and construed in accordance with the laws of the State of California. Should any party hereto institute any action or proceeding against any other party at law or in equity, or in connection with an arbitration, in connection with this Agreement, the prevailing party from such action shall be entitled to recover from the losing party or parties all attorneys’ fees and costs for service rendered to the prevailing party in such action or proceeding.
- By registering for this class I agree that I have read this entire Release and Hold Harmless Agreement, understand it completely, and agree to be bound by its terms.
