PHALANX-DEFENSE LLC
PARTICIPANT RELEASE, ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND INDEMNIFICATION AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SIGNING. BY SIGNING, YOU MAY BE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING
THE RIGHT TO BRING CERTAIN CLAIMS AGAINST PHALANX-DEFENSE LLC AND THE OTHER RELEASED PARTIES IDENTIFIED BELOW.
1. Participant Information
Participant Name: ______________________________________________
Date of Birth: __________________________________________________
Address: _____________________________________________________
City/State/ZIP: _________________________________________________
Telephone: ___________________________________________________
Email: _______________________________________________________
Emergency Contact: ____________________________________________
Emergency Contact Telephone: ____________________________________
2. Training Activity
I desire to voluntarily participate in firearms training, firearms instruction, defensive training, firearms-related educational activities,
live-fire exercises, classroom instruction, range activities, demonstrations, drills, and/or other activities provided, sponsored, organized, or supervised by Phalanx-Defense LLC, together with its owners, members, managers, officers, employees, instructors, contractors, agents, representatives, affiliates, successors, assigns, and any participating range or training facility (collectively, the "Released Parties").
This Agreement applies to my participation in the training session identified below and, unless otherwise specified in writing, to subsequent training sessions in which I participate with Phalanx-Defense LLC.
Course/Training: _________________________________________
Date(s): _______________________________________________
Training Location: ________________________________________
3. Acknowledgment of Inherent Risks
I understand that firearms training and related activities involve inherent and potentially serious risks of bodily injury, property damage, disability, and death.
I understand that such risks may include, without limitation:
Accidental or unintended discharge of a firearm;
Firearm malfunction, mechanical failure, or ammunition malfunction;
Injury caused by bullets, projectiles, fragments, ricochets, or spent casings;
Hearing damage or hearing loss;
Eye injury;
Burns, cuts, abrasions, or other physical injuries;
Falls, trips, slips, or other accidents;
Injuries caused by other participants, instructors, spectators, or third parties;
Injuries resulting from failure to follow instructions, range rules, or safety procedures;
Injuries arising from my own actions or omissions;
Injuries arising from the actions or omissions of other persons;
Weather, terrain, facilities, equipment, or environmental conditions;
Physical exertion or strenuous activity;
Psychological or emotional stress associated with training exercises; and
Serious injury or death.
I understand that firearms training involves risks that cannot be completely eliminated even when reasonable safety precautions, appropriate supervision, safety equipment, and established firearms-safety procedures are used.
4. Voluntary Participation and Assumption of Risk
I voluntarily choose to participate in the training activities after having been informed of their nature and potential risks.
I knowingly and voluntarily assume all risks, whether known or unknown, foreseeable or unforeseeable, inherent or incidental to my participation, to the fullest extent permitted by applicable law.
I understand that I am responsible for exercising good judgment and following all safety instructions and applicable laws.
I agree to immediately notify an instructor if I do not understand an instruction, if I observe an unsafe condition, or if I believe that I cannot safely perform an exercise.
I understand that I may stop participating in an activity at any time when I believe that continuing would create an unacceptable risk
to me or another person.
5. Safety Rules and Participant Responsibilities
I agree that I will:
Follow all verbal and written instructions given by Phalanx-Defense LLC instructors and range personnel;
Follow all applicable firearms laws and regulations;
Follow all posted range rules and safety procedures;
Treat every firearm as though it is loaded;
Keep the firearm pointed in a safe direction;
Keep my finger outside the trigger guard until instructed otherwise and ready to fire;
Keep the firearm unloaded until instructed to load it;
Use required eye and hearing protection;
Immediately cease firing and notify an instructor of any unsafe condition, malfunction, injury, or concern;
Refrain from consuming alcohol or impairing substances before or during training;
Inform the instructor before participation of any physical limitation or other condition that I reasonably believe could affect my ability to participate safely; and
Comply with all reasonable safety instructions issued by Phalanx-Defense LLC.
I understand that Phalanx-Defense LLC may immediately remove me from training or the premises, without refund, if an instructor reasonably determines that my conduct presents a safety concern.
6. Release and Waiver of Liability
To the fullest extent permitted by applicable law, I hereby release, waive, discharge, and covenant not to sue the Released Parties from claims, demands, causes of action, damages, losses, liabilities, costs, and expenses arising out of or relating to my participation in the training activities.
This release includes claims relating to personal injury, illness, disability, death, property damage, or economic loss arising from or related to my participation, including claims based upon the ordinary negligence of a Released Party, to the extent such claims may lawfully be released under applicable law.
Nothing in this Agreement is intended to release or waive liability that cannot lawfully be released or waived, including liability to the extent prohibited by applicable law.
7. Indemnification
To the fullest extent permitted by applicable law, I agree to defend, indemnify, and hold harmless the Released Parties from and against claims, demands, actions, damages, liabilities, judgments, losses, costs, and reasonable attorneys' fees arising out of or resulting from:
My negligent, reckless, or intentional acts or omissions;
My violation of applicable law;
My violation of range rules or Phalanx-Defense LLC safety instructions;
My unauthorized use or handling of a firearm or equipment; or
Claims brought by another person arising from my conduct during the training activities.
This indemnification obligation does not apply to the extent prohibited by applicable law.
8. Medical Treatment and Expenses
I understand that Phalanx-Defense LLC does not provide medical insurance or guarantee payment for medical treatment resulting from my participation.
If I am injured or require medical attention, I authorize Phalanx-Defense LLC personnel, when reasonably necessary, to seek or arrange emergency medical assistance on my behalf.
I understand that I am responsible for my own medical expenses, including ambulance transportation, emergency treatment, physician services, hospitalization, medication, rehabilitation, and other medical costs, except to the extent otherwise required by applicable law.
9. Fitness to Participate
I represent that I am physically and mentally capable of safely participating in the training activities and that I have disclosed to the instructor any condition or limitation that I reasonably believe could affect my safe participation.
I agree not to participate while impaired by alcohol, controlled substances, medication, fatigue, or any other condition that could materially impair my ability to safely handle or respond to firearms or follow instructions.
10. Firearms and Equipment
I understand that firearms and related equipment are potentially dangerous instruments.
If I provide my own firearm, ammunition, holster, magazines, optics, or other equipment, I represent that I am legally entitled to possess and use such items and that they are in safe operating condition to the best of my knowledge.
Phalanx-Defense LLC may inspect, reject, restrict, or prohibit the use of any firearm, ammunition, accessory, or equipment that an instructor reasonably believes is unsafe, unsuitable, incompatible with the training exercise, or otherwise inappropriate.
I agree not to alter, modify, disable, or circumvent any safety feature of a firearm or piece of training equipment used during the course.
11. Compliance With Law
I agree to comply with all applicable federal, state, and local laws, regulations, ordinances, and lawful range requirements.
Nothing in this Agreement authorizes me to possess, carry, transport, discharge, or use a firearm or ammunition in violation of applicable law.
12. Property Damage
I understand that I may be responsible for damage to Phalanx-Defense LLC property, range property, firearms, equipment, or other property caused by my intentional, reckless, or negligent conduct, to the extent permitted by law.
13. No Guarantee of Skill or Outcome
I understand that firearms training is educational in nature and that Phalanx-Defense LLC makes no guarantee regarding my future performance, proficiency, accuracy, reaction to a particular situation, or ability to safely use a firearm outside the training environment.
Completion of a course does not constitute a guarantee that I am competent, qualified, licensed, certified, or legally authorized to perform any particular firearms-related activity unless expressly stated in writing by Phalanx-Defense LLC.
14. Severability
If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.
15. Governing Law and Venue
This Agreement shall be governed by and interpreted in accordance with the laws of the state of Indiana, without regard to conflict-of-law principles.
Any dispute concerning this Agreement shall be brought in a court of competent jurisdiction located in Hamilton County, Indiana,
unless applicable law requires otherwise.
16. Entire Agreement
This Agreement constitutes the entire agreement between the Participant and Phalanx-Defense LLC concerning the subject matter addressed herein and supersedes prior oral or written representations concerning such subject matter.
Any amendment or modification must be in writing and signed by the parties, except that Phalanx-Defense LLC may establish or modify reasonable safety rules and training procedures as necessary for the protection of participants and others.
17. Acknowledgment and Understanding
I acknowledge that I have carefully read this Agreement in its entirety.
I understand that I am releasing and waiving certain legal rights and assuming potentially significant risks.
I have had the opportunity to ask questions regarding this Agreement and, if I desired, to consult with an attorney before signing it.
I am signing this Agreement freely and voluntarily and without coercion.
I understand that my participation in the training is conditioned upon my acceptance of this Agreement, to the extent permitted by applicable law.
PARTICIPANT
I understand the 4 basic firearm safety rules:
Treat every gun as if it is loaded.
Always keep the gun pointed in a safe direction.
Keep your finger off the trigger until you are ready to shoot.
Be sure of your target and what is beyond it.
Printed Name: ________________________________________
Signature: ___________________________________________
Date: ___________________________
18. Emergency Contact
Name: ______________________________________________
Relationship: _________________________________________
Telephone: __________________________________________
19. Phalanx-Defense LLC Representative
Printed Name: ________________________________________
Title: ______________________________________________
Signature: __________________________________________
Date: ___________________________
ACKNOWLEDGMENT OF SAFETY INSTRUCTION
By signing below, I acknowledge that before participating in live-fire or firearms-handling activities, I received or was given the opportunity to receive safety instructions applicable to the training session.
I understand that failure to follow those instructions may result in immediate removal from the training activity.
Participant Initials: __________
Instructor Initials: __________
Date: ________________________