RELEASE OF ALL CLAIMS, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
RELEASE, PROMISE NOT TO SUE, AND REPRESENTATIONS In consideration of my observing and/or participation in active shooter training, I, on behalf of myself, my heirs, administrators, and personal representatives, hereby RELEASE BLUE ETHOS SPECIALIZED TRAINING, LLC AND FOREVER DISCHARGE THEM FROM ANY AND ALL LIABILITY, AND PROMISE NOT TO SUE BLUE ETHOS SPECIALIZED TRAINING, LLC, FOR ANY CLAIMS, LOSSES, DAMAGES, AND/OR OTHER DEMANDS ARISING OUT OF ANY LOSS, EXPENSE, PERSONAL INJURIES SUSTAINED BY ME, DAMAGE TO MY PROPERTY, OR MY DEATH BASED ON NEGLIGENCE. This release extends to and shall be applicable to any premises at which I have received active shooter training by Blue Ethos Specialized Training, LLC.
ASSUMPTION OF RISK AND ACKNOWLEDGMENT OF RISK. I, the undersigned, acknowledge and agree active shooter education by Blue Ethos Specialized Training, LLC, including the viewing and discussion of sensitive, explicit, and violent material, has inherent risks. These risks include, but are not limited to, bodily injury, emotional distress, injuries or death from training and/or practice, and/or injuries resulting from subsequently using the subject training, injuries occurring from the negligence or lack of adequate training of Blue Ethos Specialized Training, LLC, injuries or death resulting from the failure of any training, damages arising out of mental and emotional distress arising out of the training, injuries arising out of the negligence of other training participants or persons present at the time of Blue Ethos Specialized Training, LLC instruction, and injuries resulting from the undersigned using training in any capacity following any instruction, and in perpetuity as an employee. I AM AWARE OF THESE AND NUMEROUS OTHER INHERENT RISKS OF ACTIVE SHOOTER TRAINING AND OTHER ACTIVITIES OFFERED BY BLUE ETHOS SPECIALIZED TRAINING, LLC. I FREELY AND VOLUNTARILY ASSUME COMPLETE RESPONSIBILITY for these risks and for the injuries that may occur as a result of these risks, even if injuries occur in a manner not foreseeable at the time, I sign this agreement. I REALIZE THAT BY VOLUNTARILY ASSUMING THE RISKS INVOLVED, I AM SOLELY RESPONSIBLE FOR ANY LOSS, EXPENSE, OR DAMAGE I SUSTAIN, INCLUDING PERSONAL INJURIES TO ME, DAMAGE TO MY PROPERTY, OR DAMAGE ARISING OUT OF MY DEATH.
VOLUNTARY PARTICIPATION. I swear that I am participating voluntarily, and that all risks have been made clear to me before executing this form. Additionally, I expressly declare that I do not have any physical, mental or emotional conditions that will increase the risks associated with this activity or otherwise increase my likelihood of experiencing loss, damage, or injuries while engaging in this activity.
INDEMNIFICATION AND AGREE TO HOLD HARMLESS. Further, I agree to indemnify and hold harmless Blue Ethos Specialized Training LLC, and its officers, employees, representatives and agents, for any claims, causes of action, demands, expenses, judgments, court and legal fees, and costs of whatever kind or character arising from, by reason of, or in connection with my participation in the active shooter training.
IF ANY PROVISION OF THIS AGREEMENT IS HELD INVALID, THE INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS OF THIS AGREEMENT, WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION, AND TO THIS END, THE PROVISIONS OF THE AGREEMENT ARE SEVERABLE. THIS AGREEMENT IS GOVERNED BY LAWS OF THE STATE OF MINNESOTA.
I HAVE READ THIS AGREEMENT THOROUGHLY AND UNDERSTAND ITS TERMS. NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENTS HAVE BEEN MADE TO ME THAT CHANGE, ALTER, OR MODIFY ANYTHING WITHIN THIS AGREEMENT. I AGREE TO ALL TERMS. ALTERATIONS OR MODIFICATIONS TO THIS DOCUMENT ARE NOT ALLOWED. I HAVE BEEN ADVISED TO SEEK OUT MY OWN PERSONAL LEGAL COUNSEL TO REVIEW THIS WAIVER OF LIABILITY AND INDEMNIFICATION AGREEMENT BEFORE I EXECUTED SAME. WARNING. THIS ENTIRE AGREEMENT IS LEGALLY BINDING. By signing this document, I give up my right to recover any compensation for any personal injuries, loss, expense, damage, or for my death arising from any activity, and/or class, and/or instruction by Blue Ethos Specialized Training, LLC, its officers, employees, representatives, and agents, which includes facilities, equipment, or arising out of my participation in classes or activities, either in-person or internet streaming. I AM RELEASING BLUE ETHOS SPECIALIZED TRAINING, LLC, ITS OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (ALL HEREINAFTER INCORPORATED AS “BLUE ETHOS SPECIALIZED TRAINING, LLC”) OF ALL CLAIMS IN PERPETUITY. I understand that this agreement is binding on me, my heirs, my next of kin, assigns, and personal representatives.
I AM AWARE AND AGREE THAT BY EXECUTING THIS WAIVER AND RELEASE, I AM GIVING UP MY RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST BLUE ETHOS SPECIALIZED TRAINING, LLC FOR ITS NEGLIGENCE OR FOR ANY DEFECTIVE PRODUCT USED IN INSTRUCTION OR ON THE ACTIVE SHOOTER INSTRUCTION PREMISES OR THROUGH INTERNET STREAMING.
By me agreeing below has been made freely and voluntarily without any inducement, assurance or guarantee being made by Blue Ethos Specialized Training, LLC, its officers, employees, representatives and agents, and I agree to all of the terms.